NY Case May Raise Stakes For Medical Monitoring Claims

Law360, New York (May 1, 2013, 7:40 PM EDT) -- The Second Circuit asked New York state's highest court on Wednesday to determine whether smokers can bring a stand-alone medical monitoring claim against a tobacco company if they are not injured, a significant development that could eventually make it more difficult for all types of manufacturers to defeat suits over allegedly harmful products.

The question, certified to the New York Court of Appeals, is related to a proposed class action brought by smokers who want Philip Morris USA Inc. to provide them with lung cancer screening....
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