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Tuesday, May 07, 2013

Smokers' Right to Medical Monitoring 

The Second Circuit has certified certain questions to the New York State Court of Appeals in a case brought by certain smokers against a cigarette manufacturer.  The questions are:


(1) Under New York law, may a current or former longtime heavy
 smoker who has not been diagnosed with a smoking-related disease, and who
 is not under investigation by a physician for such a suspected disease, pursue
 an independent equitable cause of action for medical monitoring for such a
 disease?

 (2) If New York recognizes such an independent cause of action for
 medical monitoring,
 (A) What are the elements of that cause of action?
 (B) What is the applicable statute of limitations, and when does
 that cause of action accrue?

The decision in Caronia v. Philip Morris USA, Inc. can be found here.

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