United States:
"'Phobia' Claims — NY's Backdoor To 'Medical Monitoring?"
14 January 2014
Schnader Harrison Segal & Lewis LLP
To print this article, all you need is to be registered or login on Mondaq.com.
Carl J. Schaerf and Allison N.
Fihma authored the article "'Phobia' Claims — NY's Backdoor
To 'Medical Monitoring?" which was published on
January 9, 2014 in Law360. The article analyzes
Caronia v. Philip Morris USA Inc., N.Y., No. 227, decided
on by the New York Court of Appeals, which resulted in a 4-2
decision that New York does not recognize an independent medical
monitoring cause of action. The decision was highlighted by sharp
and barbed contrasts between majority and dissent. It raises the
question of whether "phobia" claims might be the next
line of argument by the plaintiff's bar toward developing a
medical monitoring doctrine in New York.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Consumer Protection from United States
Dark Chocolate And Heavy Metals
Holland & Knight
In December 2022, Consumer Reports published a study on lead and cadmium in dark chocolate. Dark chocolate came into vogue when studies showed antioxidants in it may have health benefits.
FTC Updates (April 8 – April 12, 2024)
Crowell & Moring LLP
The FTC kept busy through the week of the ABA Antitrust Spring Meeting including an appearance by Chair Lina Khan at the Spring Meeting on an antitrust enforcement panel.
No Asbestos In Cosmetic Talc Products Says FDA
Duane Morris LLP
On April 5, 2024 the US Food and Drug Administration confirmed that its third-party testing of cosmetic talc products for 2023 identified no traces of asbestos in any of the 50 cosmetic samples tested.