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US Supreme Court Rules For CSX In Worker Injury Case
Breaking Legal News |
2009/06/01 03:08
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The U.S. Supreme Court on Monday threw out a $5 million jury verdict awarded to a former CSX Transportation Inc. (CSX) railroad worker who alleged that he had been negligently exposed to toxic chemicals and asbestos on the job, which caused him to develop brain injuries and asbestosis, a lung disease.
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. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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