Circuit Certifies Questions on Medical Monitoring for Smokers

The New York Court of Appeals has been asked to decide whether current or former long-term smokers who have no sign of disease can pursue an equitable action to obtain medical monitoring against a tobacco company under New York law. The Second Circuit on Wednesday certified two questions to New York's highest court, asking it for a clear statement on whether it recognizes an independent cause of action for monitoring. Also see: Philip Morris Aims to Knock Out Medical Monitoring Claims, but Who's at Bat?

Source: http://www.law.com/jsp/law/sign_me_in.jsp?article=http://www.newyorklawjournal.com/PubArticleNY.jsp?id=1202598358442&rss=newswire

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