Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

Law360 (October 16, 2020, 4:20 PM EDT) -- Courts have been divided for decades on whether to allow claims for medical monitoring, even when a plaintiff is not suffering a present physical injury. But many jurisdictions have not yet definitively ruled on the issue. And in some jurisdictions, no court — state or federal — has weighed in on the question at all.

This can be particularly challenging for federal courts in such jurisdictions, which must follow the Erie doctrine — established in the U.S. Supreme Court's 1938 decision in Erie Railroad Co. v. Tompkins — and predict how the state's highest court will rule.[1]

Such "Erie guesses" are particularly complex in the context...

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