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

Brief

73 Cited authorities

  1. Pisciotta v. Old National Bancorp

    499 F.3d 629 (7th Cir. 2007)   Cited 764 times   12 Legal Analyses
    Holding that, under Indiana state law, "allegations of increased risk of future identity theft . . . [are not] a harm that the law is prepared to remedy"

  2. Murphy v. American Home Prod

    58 N.Y.2d 293 (N.Y. 1983)   Cited 1,847 times   1 Legal Analyses
    Holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the three-year period of N YCiv.Prac.L. R. § 214

  3. Kronos, Inc. v. AVX Corp.

    81 N.Y.2d 90 (N.Y. 1993)   Cited 722 times
    Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984

  4. Frank v. DaimlerChrysler Corp.

    292 A.D.2d 118 (N.Y. App. Div. 2002)   Cited 399 times   1 Legal Analyses
    Affirming dismissal of complaint alleging that plaintiffs bought cars with seat backs that had not yet collapsed, but were prone to doing so

  5. Metro-North Commuter R. Co. v. Buckley

    521 U.S. 424 (1997)   Cited 150 times   9 Legal Analyses
    Holding that a separate tort cause of action is not available under FELA to recover lump-sum medical monitoring costs

  6. Caronia v. Philip Morris USA, Inc.

    715 F.3d 417 (2d Cir. 2013)   Cited 277 times   2 Legal Analyses
    Holding that a plaintiff does not have “ ‘power to put off the running of the Statute of Limitations indefinitely.’ ”

  7. Ortega v. New York

    2007 N.Y. Slip Op. 7741 (N.Y. 2007)   Cited 211 times   1 Legal Analyses
    Holding that that existing remedies available to courts for discovery violations—e.g., "precluding proof favorable to the spoliator . . . , requiring the spoliator to pay costs . . . employing an adverse inference instruction at the trial . . . . [w]here appropriate, . . . dismissing the action or striking responsive pleadings, thereby rendering a judgment by default against the offending party"—are an adequate deterrence

  8. In re St. Jude Med., Inc.

    425 F.3d 1116 (8th Cir. 2005)   Cited 206 times   4 Legal Analyses
    Reversing choice of law decision where there was "no indication out-of-state parties ‘had any idea that Minnesota law could control’ potential claims when they received their" products

  9. Henry v. Dow Chemical Co.

    473 Mich. 63 (Mich. 2005)   Cited 185 times   3 Legal Analyses
    Holding a medical monitoring claim "does not exist in Michigan" and "our common law requires a present injury in addition to economic loss incurred as a result of that injury"

  10. Ayers v. Township of Jackson

    106 N.J. 557 (N.J. 1987)   Cited 284 times   2 Legal Analyses
    Holding that medical monitoring damages must be proven "through reliable expert testimony"

  11. Section 500.23 - Amicus curiae relief

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.23   Cited 3 times

    Any non-party other than the Attorney General seeking to file an amicus brief on an appeal, certified question or motion for leave to appeal must obtain permission by motion. Potential amici seeking information are encouraged to contact the clerk's office by telephone during business hours. Information on the calendar status of appeals and certified questions, court session dates and appropriate return dates for amicus motions also is available on the court's website. (a)Motions for amicus curiae

  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

  13. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation