i-law

Liability Risk and Insurance

Appeal on damages for emotional distress

The US Supreme Court, which ruled five years ago that railroad workers could not win damages for emotional distress from exposure to asbestos if they were not actually sick, is now hearing oral arguments in an appeal against a lower court jury award of US$5.8mn to six retired railroad workers with asbestosis. The decision in Norfolk & Western Railway v Ayers is not expected for some months.

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