CARONIA v. PHILIP MORRIS USA

No. 227

22 N.Y.3d 439 (2013)

5 N.E.3d 11

982 N.Y.S.2d 40

2013 NY Slip Op 8372

MARCIA L. CARONIA et al., Appellants, v. PHILIP MORRIS USA, INC., Respondent.

Court of Appeals of New York.

Decided December 17, 2013.


Attorney(s) appearing for the Case

Phillips & Paolicelli LLP, New York City ( Victoria E. Phillips , Steven J. Phillips , Aryeh L. Taub and Lisa W. Davis of counsel), for appellants.

Latham & Watkins LLP, Boston, Massachusetts ( Kenneth J. Parsigian of counsel), for respondent.

Product Liability Advisory Council, Inc., Reston, Virginia ( Hugh F Young, Jr. , of counsel), Reed Smith LLP, New York City ( Daniel K. Winters of counsel), Reed Smith LLP, Philadelphia, Pennsylvania ( James M. Beck of counsel), and Reed Smith LLP, Pittsburgh, Pennsylvania ( David J. Bird of counsel), for Product Liability Advisory Council, Inc., amicus curiae.

Quinn Emanuel Urquhart & Sullivan, LLP, New York City ( Sheila L. Birnbaum , Douglas W. Dunham , Ellen P. Quackenbos and Douglas E. Flemming, III , of counsel), for American Chemistry Council and another, amici curiae.

Jones Day, New York City ( Sharyl A. Reisman of counsel), Jones Day, Boston, Massachusetts ( Traci L. Lovitt of counsel), Jones Day, Washington, D.C. ( Mary Ellen Powers of counsel), Jones Day, Houston, Texas ( Nancy MacKimm of counsel), National Chamber Litigation Center, Inc., Washington, D.C. ( Kathryn Comerford Todd , Steven P Lehotsky and Sheldon Gilbert of counsel), American Coatings Association, Inc. ( Thomas J. Graves of counsel), Hollingsworth LLP ( Eric G. Lasker of counsel), National Association of Manufacturers ( Linda Kelly , Quentin Riegel and Patrick Forrest of counsel), and Pharmaceutical Research and Manufacturers of America ( James M. Spears and Melissa B. Kimmel of counsel) for Business Council of New York State, Inc., and others, amici curiae.

Kelner & Kelner, New York City ( Joshua D. Kelner of counsel), for American Legacy Foundation and another, amici curiae.


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 independent 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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases