'Phobia' Claims — NY's Backdoor To 'Medical Monitoring'?

Law360, New York (January 9, 2014, 6:22 PM EST) -- In Caronia v. Philip Morris USA Inc., N.Y., No. 227, decided Dec. 17, 2013, the New York Court of Appeals, in a 4-2 decision with sharp and barbed contrasts between majority and dissent, ruled that New York does not recognize an independent medical monitoring cause of action.

No state decision had ever gone as far as to recognize such a claim under New York law (at least not as an independent claim in the absence of proven physical injury or property damage), but there were a myriad of federal decisions — incorrectly — predicting that New York would recognize an independent...

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