U.S. Supreme Court

Case Status


Docket Number



2008 Term


Questions Presented

Did the Tennessee Court of Appeals misread and misapply the Supreme Court's decision in Ayers such that a jury instruction should have been provided as to the standard for finding "fear of cancer" damages when CSX requested it?

Case Updates


June 01, 2009

The Supreme Court summarily reversed the decision by the Court of Appeals of Tennessee.

NCLC addresses jury instruction requiring proof that asbestos fear is “genuine and serious”

March 16, 2009

NCLC urged the Supreme Court to accept a Federal Employer Liability Act case in order to overturn a decision by the Court of Appeals of Tennessee that a defendant has no right to a jury instruction requiring the plaintiff to prove that any alleged fear of asbestosis is “genuine and serious.” According to NCLC, the Tennessee ruling is inconsistent with existing Supreme Court precedent and has the potential to deepen the asbestos litigation crisis.

Case Documents