2nd Circuit Certifies Tobacco Medical Monitoring To New York Court Of Appeals

NEW YORK - Saying it is unable to predict how state courts would rule, the Second Circuit U.S. Court of Appeals on May 1 certified to the New York Court of Appeals the question of whether medical monitoring of smokers for early cancer detection can exist as an independent cause of action and, if so, when the cause of action accrues (Marcia L. Caronia, et al. v. Philip Morris USA Inc., No. No. 11-316, 2nd Cir.; 2013 U.S. App. LEXIS 8861; See July 2011, Pages 5 and 6)....(read more)