NY Top Court Crushes Out New Brand Of Tort In Tobacco Case

Law360, New York (December 17, 2013, 7:47 PM EST) -- In denying the claims of at-risk smokers who sought to charge Philip Morris USA Inc. for medical tests, New York's top court shielded Empire State businesses from a potentially costly new type of civil tort claim that could be brought without an actual injury, defense lawyers said Tuesday.

Finding for the tobacco giant in a decision that featured a sharp dissent from New York Chief Judge Jonathan Lippman, a deeply divided Court of Appeals conceded it had the power to allow for such tests, and even...
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