WASHINGTON — The U.S. Supreme Court revisited a 1997 ruling referred to the asbestos litigation crisis on Wednesday questioning whether the law governing railroad employee suits, allows damages for fear of developing cancer, even when the plaintiff does not have the disease or any systems.
The justices heard arguments by Carter Phillips, a lawyer for Norfolk Southern Corp., who challenged the $5.8 million award to six retired railway workers with asbestosis, a potentially deadly lung disease. He said 5,500 cases involving asbestosis have been filed under the law in West Virginia, and warned that more suits would be brought if the damages were upheld for those who fear they may develop cancer.
“That is the essence of unpredictable and unlimited damages,” Phillips said. He urged the court to adopt a more restrictive view of the federal law to prevent “unlimited liability.
(via Reuters)
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