Healthy Smokers Win Class Cert. Against Philip Morris

Law360, New York (June 25, 2010, 4:24 PM EDT) -- A federal judge has certified a class of Massachusetts smokers who, while exhibiting no apparent symptoms of lung cancer, have accused Philip Morris USA Inc. of design defects, negligence and breach of implied warranty, seeking to force the company to pay for medical monitoring to detect early signs of the disease.

Judge Nancy Gertner of the U.S. District Court for the District of Massachusetts on Thursday approved the motion for class certification for the implied warranty claims, ruling that while the plaintiffs still had significant work...
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