Docket No. 11-0316-cv.

715 F.3d 417 (2013)

Marcia L. CARONIA, Linda McAuley, and Arlene Feldman, Plaintiffs-Appellants, v. PHILIP MORRIS USA, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: May 1, 2013.

Attorney(s) appearing for the Case

Victoria E. Phillips , New York, N.Y. ( Steven J. Phillips , Stanley J. Levy , Jerome H. Block , Amber R. Long , Lisa W. Davis , Levy Phillips & Konigsberg, New York, NY, on the brief), for Plaintiffs-Appellants.

Sheila Birnbaum , New York, N.Y. ( John H. Beisner , Jessica D. Miller , Geoffrey M. Wyatt , Skadden, Arps, Slate, Meagher & Flom Washington, D.C.; Gary R. Long , John K. Sherk, III , Shook, Hardy & Bacon, Kansas City, MO; Tammy B. Webb , Shook, Hardy & Bacon, San Francisco, CA, on the brief), for Defendant-Appellee.

Before KEARSE, LOHIER, and DRONEY, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiffs Marcia L. Caronia, Linda McAuley, and Arlene Feldman appeal from a judgment of the United States District Court for the Eastern District of New York, Carol Bagley Amon, Judge, dismissing their tort claims alleging negligence, strict products liability, and breach of the Uniform Commercial Code ("UCC") implied warranty of merchantability in connection with the design, manufacture, and sale by defendant Philip Morris USA, Inc...

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