N.Y. smokers can’t sue Philip Morris 
Published: May 6, 2013
Tags: cigarettes, medical monitoring, negligence, Philip Morris, product liability, strict liability, tobacco litigation
Long-time smokers could not sue Philip Morris for manufacturing cigarettes that allegedly contained unnecessarily dangerous levels of carcinogens, the 2nd U.S. Circuit Court of Appeals has ruled in affirming a dismissal.
Md. top court erases $1B punitive award in Exxon case
Published: March 8, 2013
Tags: emotional distress, Exxon Mobil, fraud, medical monitoring
Residents who claimed their groundwater was contaminated by an underground gasoline leak could not recover punitive damages from Exxon Mobil for fraud, Maryland’s highest court has ruled.
New Stryker hip class action seeks medical monitoring
Published: February 15, 2013
Tags: hip replacement litigation, medical device litigation, medical monitoring, recall, Stryker, Stryker Orthopedics, Stryker Rejuvenate
Recipients of the now-recalled Stryker Rejuvenate hip replacement system are entitled to medical monitoring for “serious” post-implant side effects, which allegedly include potential blood poisoning from toxic metals, according to a class action filed in Florida federal court.
Homeowners can’t recover damages for cancer fears
Published: February 13, 2012
Tags: emotional distress, Exxon, medical monitoring, MTBE
Certain residents in the vicinity of a massive gasoline leak could not recover damages for their fear of contracting cancer from toxic chemicals released into their groundwater, a Maryland appellate court has ruled in an en banc decision.
Smokers’ class certified in medical monitoring suit
By:
Pat Murphy
Published: June 29, 2010
Tags: class actions, medical monitoring, Philip Morris
Long-time cigarette smokers satisfied the requirements for proceeding as a class in attempting to obtain medical monitoring for the early detection of lung cancer, a U.S. District Court in Massachusetts has ruled.
Beryllium plaintiffs must show ‘sensitization’
By:
Pat Murphy
Published: June 9, 2010
Tags: Beryllium, medical monitoring, product liability
Plaintiffs who claimed they had an increased risk of illness due to their exposure to beryllium were required to demonstrate “sensitization” before obtaining medical monitoring, the 3rd Circuit has ruled in affirming a summary judgment.
Lawyers USA’s Top Ten Opinions of 2009
By:
Pat Murphy
Published: December 29, 2009
Tags: contingency fees, drunk driving, Fair Debt Collection Practices Act, Hurricane Katrina, medical monitoring, preemption, product liability, retaliation, same-sex marriage, Sarbanes-Oxley, Title VII, tobacco litigation, workplace privacy
As the year comes to a close, here’s a look back at 10 of the most ground-breaking decisions issued by federal and state courts in 2009.
Smokers can sue for medical monitoring
By:
Pat Murphy
Published: October 20, 2009
Tags: medical monitoring, Philip Morris, product liability
Long-term cigarette smokers can sue a tobacco company for the cost of medical monitoring required due to their increased risk of lung cancer, Massachusetts’ highest court has ruled in answering questions certified by a U.S. District Court.
Class actions filed over Chinese drywall
By:
Sylvia Hsieh
Published: March 23, 2009
Tags: Chinese drywall, class action, medical monitoring, products liability
At least two class actions have been filed over allegedly defective Chinese drywall installed in thousands of homes, and more suits are expected.
“These claims are roaring ahead, and the damages are staggering,” said Robert Gary, a partner with Gary Naegele & Theado in Lorain, Ohio. Gary’s firm is representing several Florida homeowners.
