Among other things, Tennessee railroad worker Thurston Hensley sought monetary damages for a fear of developing cancer in the future.

CSX argued that the instructions given to the jury were too friendly to Thurston. The company wanted jurors to be instructed that Thurston needed to demonstrate that his fear of cancer was genuine and serious.

The Supreme Court, in an unsigned opinion, said it was a "clear error" for the trial judge not to give the jury instructions CSX requested.

The high court sent the case back for new court proceedings.

The Assembly's 28-14 vote — the bare two-thirds majority needed — followed the state Senate's vote a day earlier to enact the measure into state lawbooks over the conservative Republican governor's objections.

The bill provides that domestic partners have the same rights as married couples in matters such as community property and responsibility for debts. It also prohibits discrimination against domestic partners.

Critics contended that domestic partners can sign private contracts to accomplish many of the goals of the bill, and that it conflicted with the intent of Nevadans who voted in 2002 for a constitutional amendment supporting marriage between a man and a woman.

The measure states, among other things, that no "solemnization ceremony" is required and it's "left to the dictates and conscience of partners entering into a domestic partnership" whether to have such a ceremony.

The opinion was requested by Gov. Jack Markell, who has signed a bill that would make Delaware the only state east of the Rocky Mountains to offer sports wagering.

In a 22-page ruling dated Wednesday, the court says the state constitution permits lotteries that have an element of skill, as long as chance is the predominant factor in winning or losing.

The justices also say the proposed sports lottery satisfies the constitutional requirement that lotteries be under state control.

The NFL opposes the lottery and has said it may challenge the bill in court.

Christian Karl Gerhartsreiter (GAYR'-hahrtz-ry-tur) is accused of kidnapping his 7-year-old daughter during a supervised visit in Boston last July. He and the girl were found six days later in Baltimore.

Gerhartsreiter also is charged with providing a false name to police. His lawyers had argued it would be unfair for jurors to hear him called Gerhartsreiter, because he has not been convicted of providing the false name.

Superior Court Judge Frank Gaziano said Tuesday he would call him Gerhartsreiter to introduce the case, then refer to him as "the defendant" during the trial.

Jury selection is to begin Tuesday.

The court Tuesday unanimously overturned a decision by the 4th U.S. Circuit Court of Appeals in Richmond, Va.

The law makes it a felony to use a communication device in "committing or in causing or in facilitating" a drug purchase.

Prosecutors say that Salman Khade Abuelhawa's use of a cell phone for a misdemeanor purchase of around $120 of cocaine fell under the statute. The 4th U.S. Circuit Court of Appeals upheld the conviction.

But the high court said Congress did not intend for phone buyers to get more jail time than people who walk up to dealers and buy drugs.

In February, the 9th U.S. Court of Appeals struck down the law as a free speech violation that could limit minors' access to other material under the guise of protecting children. The court said there are less restrictive ways, such as parental control, to prevent children from accessing violent video games.

The court also dismissed as unpersuasive the scientific studies linking violent video games to aggressive and anti-social behavior.

The state Legislature passed the law in 2005, but it never took effect because the video game industry sued soon after Schwarzenegger signed the measure that would have barred sales and rentals to anyone under the age of 18.

The governor and attorney general argued Wednesday that the same legal justifications for banning minors from accessing pornography can be applied to violent video games.

Already, they're combing through the records of potential nominees, although not, as was the case with Chief Justice John Roberts and Justice Samuel Alito, in search of a way to derail confirmation.

Encouraged by the White House, they're trying to anticipate a selection, build the case for approval and be ready to deflect the attacks from conservatives already beginning.

"It's thrilling to be able to promote great judicial candidates," says Nan Aron, president of the Alliance For Justice, looking ahead to a selection by President Barack Obama that may come as early as this week or next.

Added Janet Murguia, the president of the National Council of La Raza, "We're all poised to support and mobilize for an excellent nominee."

Not that the liberal-leaning groups aren't trying to nudge Obama in one direction or another. While there is a general assumption that he will select a woman and a supporter of abortion rights, Latino leaders recently sent a list of more than 80 Hispanic judges to the White House, a not-too-subtle prod to the president.