United States Second Circuit

Judgment dismissing plaintiffs' claims against cigarette manufacturer for negligence, strict liability, breach of warranty, and medical monitoring with respect to increased risk of cancer, is: 1) affirmed in part as to the dismissal of plaintiffs' negligence, strict liability, and breach-of-warranty claims; and 2) certified in part to the Court of Appeals for the State of New York, with respect to plaintiff's free-standing equitable claim for medical monitoring, on several questions, regarding the existence of such a claim under New York State law, and, if such a claim is recognized, as to the elements and accrual of such a claim.

Appellate Information

• Decided 05/01/2013
• Published 05/01/2013

Judges

• KEARSE

Court

• United States Second Circuit

Counsel