June 2, 2009
Supreme Court Summarily Reverses Fear of Cancer Case
In a per curiam opinion(pdf) yesterday, the Supreme Court summarily reversed a $5 million verdict under FELA because the trial court rejected the defendant's proposed jury instruction stating that the jury had to find that the plaintiff's fear of cancer was "genuine and serious." The ABA Journal has more on the decision. Justice Stevens and Justice Ginsburg both issued dissenting opinions.
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