Smokers Urge NY Court To Back Medical Monitoring Claims

Law360, New York (July 30, 2013, 7:18 PM EDT) -- Smokers suing Philip Morris USA Inc. urged New York's highest court on Tuesday to find that plaintiffs can bring a stand-alone medical monitoring claim against a tobacco company even if they do not have a smoking-related disease.

The New York State Court of Appeals is considering whether such a claim is allowed under state law, at the request of the Second Circuit. The question was certified to the state appellate court in May, after the Second Circuit upheld the dismissal of negligence, strict liability and breach...
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