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Supreme Court Upholds Limitation on Asbestos Claims

Karen Harned, executive director, National Federation of Independent Business Small Business Legal Center, issued the following statement in response to the U.S. Supreme Court’s decision issued today in the case of   CSX Transportation, Inc. v. Hensley:
 
"Asbestos cases cost business defendants extraordinary amounts of time, money and resources and can leave business owners strapped for cash or in some cases even bankrupt. To that end, we are pleased the Court ruled in favor of requiring a jury instruction limitation for asbestos cases. If a plaintiff seeks to recover monetary damages for the sheer fear of developing cancer, it's only fair that the plaintiff be required to prove that their fear is 'genuine and serious.'
 
"This standard will help reduce fraudulent claims and will discourage plaintiffs from going after business owners with unsubstantiated claims. This limitation will help affected business owners manage the costs associated with asbestos litigation."

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