§Why CasetextPricing

Marcia L. Caronia, Linda McAuley and Arlene Feldman, Appellants,v.Philip Morris USA, Inc., Respondent.

Brief

15 Cited authorities

  1. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 956 times   67 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  2. Potter v. Firestone Tire &

    6 Cal.4th 965 (Cal. 1993)   Cited 849 times   4 Legal Analyses
    Holding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community

  3. In re Paoli R.R. Yard PCB Litigation

    916 F.2d 829 (3d Cir. 1990)   Cited 626 times
    Holding exposure to be an element of claim for injuries from hazardous substance

  4. Caronia v. Philip Morris USA, Inc.

    715 F.3d 417 (2d Cir. 2013)   Cited 276 times   2 Legal Analyses
    Holding that a plaintiff does not have “ ‘power to put off the running of the Statute of Limitations indefinitely.’ ”

  5. Ayers v. Township of Jackson

    106 N.J. 557 (N.J. 1987)   Cited 283 times   2 Legal Analyses
    Holding that medical monitoring damages must be proven "through reliable expert testimony"

  6. Bower v. Westinghouse Elec. Corp.

    206 W. Va. 133 (W. Va. 1999)   Cited 104 times   3 Legal Analyses
    Ruling that “under West Virginia law, a plaintiff who does not allege a present physical injury can assert a claim for the recovery of future medical monitoring costs where such damages are the proximate result of defendant's tortious conduct”

  7. Redland Soccer v. Department of Army

    548 Pa. 178 (Pa. 1997)   Cited 90 times   10 Legal Analyses
    Holding that plaintiff must allege "a monitoring program procedure exists that makes the early detection of the disease possible"

  8. Hansen v. Mountain Fuel Supply Co.

    858 P.2d 970 (Utah 1993)   Cited 96 times   1 Legal Analyses
    Holding emotional distress suffered must be severe and not trivial

  9. Donovan v. Philip

    455 Mass. 215 (Mass. 2009)   Cited 57 times   7 Legal Analyses
    Concluding that the cost of medical monitoring is compensable where there is a substantial increase in the risk of harm due to exposure "and so long as there has been at least a corresponding subcellular change"

  10. Friends for All Children v. Lockheed Aircraft

    746 F.2d 816 (D.C. Cir. 1984)   Cited 117 times   2 Legal Analyses
    Holding District of Columbia recognizes a cause of action for medical monitoring without manifestation of physical injury

  11. Section 201 - Definitions

    42 U.S.C. § 201   Cited 232 times   6 Legal Analyses
    Defining "Secretary" as Secretary of HHS

  12. Section 500.12 - Filing of record material and briefs in normal course appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.12   Cited 1 times

    (a) Scheduling letter. Generally, in an appeal tracked for normal course treatment, the clerk of the court issues a scheduling letter after the filing of the preliminary appeal statement. A scheduling letter also issues upon the termination of an inquiry pursuant to section 500.10 or 500.11 of this Part. The scheduling letter sets the filing dates for record material and briefs. (b) Appellant's initial filing. In addition to the submission in digital format required by section 500.14(g) of this Part