Law360, New York (April 02, 2009, 12:00 AM ET) -- A federal appeals court has asked the Supreme Court of California to determine whether two separate physical injuries caused by the prolonged use of tobacco products may give rise to separate limitations periods, in a suit against a slew of tobacco companies brought by an ex-smoker with terminal lung cancer.
In an order filed Wednesday certifying the question to California's highest court, the U.S. Court of Appeals for the Ninth Circuit stayed further proceedings in the appeal of a lower court's dismissal of a suit against...
9th Circ. Seeks Calif. High Court's Help In Smoker Suit
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