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CARONIA v. PHILIP MORRIS USA, INC.

Docket No. 11-0316-cv.

748 F.3d 454 (2014)

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

United States Court of Appeals, Second Circuit.

Appeal Decided: April 14, 2014.

Questions Certified: May 1, 2013.

Question Answered: December 17, 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, N.Y., 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.

PER CURIAM.

When plaintiffs, who are heavy smokers or former smokers of Marlboro cigarettes manufactured by defendant Philip Morris USA, Inc., but who lack symptoms of smoking-related disease, appealed from a judgment of the United States District Court for the Eastern District of New York dismissing their claims alleging negligence, strict products liability, and breach of implied warranty of merchantability, as well as their independent equitable claims seeking...

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