'Phobia' Claims — NY's Backdoor To 'Medical Monitoring'?
January 9, 2014, 6:22 PM EST
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...
Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.