United States Supreme Court

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CSX Transp., Inc. v. Hensley, 08-1034

In an action brought under the Federal Employers' Liability Act, based on Plaintiff's fear of developing cancer due to asbestos exposure, judgment for Plaintiff is reversed where the trial court denied an instruction that Plaintiff must have a "genuine and serious fear" to recover damages, because that instruction was required by the Court's prior decision in Ayers v. Norfolk & Western R. Co., 538 U.S. 135 (2003).

Appellate Information

  • Decided 06/01/2009
  • Published 06/01/2009



  • United States Supreme Court