Appeals Court Vacates Judgment for Defendant in Wake of Ayers Decision

ATLANTA - A federal appeals court has cited recent U.S Supreme Court case law in its decision to vacate a portion of its previous decision awarding summary judgment to an asbestos defendant on grounds that two former railroad workers could not recover damages for fear of cancer absent evidence of objective manifestation of injury. Jones, et al. v. CSX Transportation, No. 01-14786 (11th Cir.).

The 11th Circuit U.S. Court of Appeals issued the brief decision July 18, granting the plaintiffs' petition to rehear the case and vacating the entry of judgment in favor of defendant CSX Transportation that dealt with …