The United States Supreme Court announced this week that it will review a $5.8 million jury award given to six former railroad workers who claimed their exposure to asbestos caused emotional distress. The former employees of Norfolk & Western Railway Co., which appealed the decision, stated in the original complaint that fears over the possibility of developing cancer from exposure to the toxic substance led to the lawsuit.

In the appeal, though, Norfolk claims the plaintiffs failed to prove they suffered any emotional injury. Defense attorneys also insist the former employees were exposed to asbestos while working for other companies. The lawsuit was filed in West Virginia under the 1908 Federal Employers' Liability Act, which allows a worker to sue a railroad company in any jurisdiction it operates.