Tuesday, May 07, 2013
(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
(2) If New York recognizes such an independent cause of action for
(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.