Legal Opinion
Caronia v. Philip Morris USA, Inc.
New York Court of Appeals
Decided December 17, 2013PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
Pigott, J.
The United States Court of Appeals for the Second Circuit has asked us to determine whether this State recognizes an *445independent equitable cause of action for medical monitoring and, if so, what the elements, appropriate statute of limitations and accrual date are for that particular cause of action.
I
Plaintiffs, who are all over the age of 50, are current and/or former smokers of Marlboro cigarettes with histories of 20 pack-years1 or more. None of the plaintiffs has been diagnosed with lung cancer, nor are they currently “under investigation by a physician for…
2Cases cited20 opinions
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Potter v. Firestone Tire & Rubber Co.California Supreme Court · 1993
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- Caronia v. Philip Morris USA, Inc.Court of Appeals for the Second Circuit · 2013
- Metro-North Commuter Railroad v. BuckleySupreme Court of the United States · 1997
15 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Markut v. Verizon New York Inc.Court of Appeals for the Second Circuit · 2014
- Tears v. Bos. Scientific Corp.District Court, S.D. Illinois · 2018
- Baker v. Saint-Gobain Performance Plastics Corp.District Court, N.D. New York · 2017
- Benoit v. Saint-Gobain Performance Plastics Corp.Court of Appeals for the Second Circuit · 2020
- Berry v. City of ChicagoIllinois Supreme Court · 2020
31 more not listed; retrieve them via the Exa API.