Legal Opinion
Donovan v. Philip Morris USA, Inc.
Massachusetts Supreme Judicial Court
Decided October 19, 2009PublishedCited by 40 opinions
1Opinion of the CourtSpina, J.
The United States District Court for the District of Massachusetts, in the context of a motion to dismiss and a motion for summary judgment filed by Philip Morris USA, Inc. (Philip Morris), has certified the following questions to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981)2:
“1. Does the plaintiffs’ suit for medical monitoring, based on subclinical effects of exposure to cigarette smoke and *216increased risk of lung cancer, state a cognizable claim and/or permit a remedy under Massachusetts state law?[3]
“2. If the plaintiffs have successfully stated a claim or…
2Cases cited33 opinions
- Valerie Watterson v. Eileen PageCourt of Appeals for the First Circuit · 1993
- Iannacchino v. Ford Motor Co.Massachusetts Supreme Judicial Court · 2008
- In Re Paoli Railroad Yard Pcb LitigationCourt of Appeals for the Third Circuit · 1990
- Payton v. Abbott LabsMassachusetts Supreme Judicial Court · 1982
- Ayers v. Township of JacksonSupreme Court of New Jersey · 1987
28 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Caronia v. Philip Morris USA, Inc.Court of Appeals for the Second Circuit · 2013
- Smith v. Dorchester Real Estate, Inc.Court of Appeals for the First Circuit · 2013
- Exxon Mobil Corp. v. AlbrightCourt of Appeals of Maryland · 2013
- Rule v. Fort Dodge Animal Health, Inc.Court of Appeals for the First Circuit · 2010
- Evans v. Lorillard Tobacco Co.Massachusetts Supreme Judicial Court · 2013
35 more not listed; retrieve them via the Exa API.