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June 1, 2009.
CIVIL PROCEDURE, INJURY AND TORT LAW, PER CURIAM, TRANSPORTATION CSX Transp., Inc. v. Hensley, No. 08-1034 In an action brought under the Federal Employers’ Liability Act, based on Plaintiff’s fear of developing cancer due to asbestos exposure, judgment for Plaintiff is reversed where the trial court denied an instruction that Plaintiff must have a “genuine and serious fear” to recover damages, because that instruction was required by the Court’s prior decision in Ayers v. Norfolk & Western R. Co., 538 U.S. 135 (2003). Read more…
CRIMINAL LAW & PROCEDURE, HABEAS CORPUS Bobby v. Bies, No. 08-598 In a capital habeas matter, the Court of Appeals’ order prohibiting the state court from holding a post-conviction hearing on whether Defendant was mentally retarded is reversed where the Double Jeopardy Clause did not bar the state court from conducting a full hearing on Defendant’s mental capacity after trial.