§Why CasetextPricing

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

Brief

119 Cited authorities

  1. Exxon Mobil Corp. v. Allapattah Services, Inc.

    545 U.S. 546 (2005)   Cited 4,153 times   10 Legal Analyses
    Holding that the supplemental jurisdiction statute permits the exercise of diversity jurisdiction over additional plaintiffs who fail to satisfy the minimum amount-in-controversy requirement, as long as the other elements of diversity jurisdiction are present and at least one named plaintiff does satisfy the amount-in-controversy requirement

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

    35 F.3d 717 (3d Cir. 1994)   Cited 2,105 times   8 Legal Analyses
    Holding an expert's testimony unreliable because he did not consider alternative causes

  3. Pisciotta v. Old National Bancorp

    499 F.3d 629 (7th Cir. 2007)   Cited 762 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"

  4. Murphy v. American Home Prod

    58 N.Y.2d 293 (N.Y. 1983)   Cited 1,846 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

  5. Norfolk Western R. Co. v. Ayers

    538 U.S. 135 (2003)   Cited 211 times   3 Legal Analyses
    Holding that in a case brought under the Federal Employers' Liability Act (FELA), 45 U.S.C. §§ 51- 60, a plaintiff already suffering from asbestosis can recover emotional distress damages associated with fear of developing cancer, but a disease-free plaintiff merely exposed to asbestos cannot recover emotional distress damages

  6. 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

  7. O'Brien v. City of Syracuse

    54 N.Y.2d 353 (N.Y. 1981)   Cited 1,291 times
    Holding that allegations involving "acts occurring after" the prior lawsuit were not barred by res judicata

  8. Parker v. Mobil Oil Corp.

    7 N.Y.3d 434 (N.Y. 2006)   Cited 377 times   27 Legal Analyses
    Finding that "standards promulgated by regulatory agencies as protective measures are inadequate to demonstrate legal causation"

  9. 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

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

    521 U.S. 424 (1997)   Cited 149 times   9 Legal Analyses
    Holding that a separate tort cause of action is not available under FELA to recover lump-sum medical monitoring costs

  11. Section 2315 - Liability for acts causing damages

    La. Civ. Code art. 2315   Cited 1,664 times
    Permitting recovery for both pecuniary and nonpecuniary damages, "includ[ing] loss of consortium, service, and society"

  12. Section 2210 - Indemnification and limitation of liability

    42 U.S.C. § 2210   Cited 244 times   6 Legal Analyses
    Restricting right of prisoner to recover damages for emotional or mental injury under 42 U.S.C. § 1983

  13. Section 78B-5-818 - Comparative negligence

    Utah Code § 78B-5-818   Cited 31 times
    Requiring the factfinder to allocate relative fault to, among others, the "person seeking recovery"

  14. Section 768.1256 - Government rules defense

    Fla. Stat. § 768.1256   Cited 25 times   1 Legal Analyses

    (1) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a product, there is a rebuttable presumption that the product is not defective or unreasonably dangerous and the manufacturer or seller is not liable if, at the time the specific unit of the product was sold or delivered to the initial purchaser or user, the aspect of the product that allegedly caused the harm: (a) Complied with federal or state codes, statutes, rules, regulations, or standards