Smoker's Monitoring Suit Against Philip Morris Nixed

Law360, New York (June 21, 2011, 12:49 PM EDT) -- A Florida federal judge on Monday threw out the complaint in a smoker’s putative class action seeking medical monitoring for individuals who smoked allegedly defective Philip Morris USA Inc. cigarettes, but allowed the plaintiff to amend his claims.

U.S. District Judge Patricia Seitz ruled that Christopher Gargano failed to show that he wouldn’t have faced increased risk of lung cancer if he hadn’t smoked 20 pack-years’ worth of Marlboro cigarettes, which Gargano claims contained an excessive amount of carcinogens.

Gargano filed suit in November, accusing Philip...
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