Smokers’ bid for monitoring snuffed

Toxic Tort Talk

By Craig T. Liljestrand

Craig T. Liljestrand‚ a partner at Hinshaw & Culbertson LLP‚ has extensive experience in toxic tort litigation. He is recognized for his litigation and trial skills in the areas of asbestos‚ silica‚ welding fumes‚ lead paint, chemical and occupational disease claims. His client base is expansive and includes Fortune 500 companies in which he has successfully defended various industrial product and equipment manufacturers‚ contractors and premises owners in numerous toxic tort cases throughout the country. He is also the regional counsel for a major industrial manufacturer.

Posted April 22, 2014 3:20 PM

New York’s highest court recently held that cigarette smokers are not entitled to a new cause of action for “medical monitoring.” In Caronia v. Philip Morris USA Inc., 22 N.Y.3d 439 (2013), the 2nd U.S. Circuit Court of Appeals certified the following questions, which were accepted by the New York State Court of Appeals: •Under New York law, may a current or former longtime heavy smoker who has not been diagnosed with a smoking-related disease, and who is not under investigation by a physician …

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