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February 11th, 2016

Federal Jury in Boston Rejects Healthy Smokers’ Claim for Medical Monitoring

A long smoldering class action that sought to make a cigarette maker pay for healthy smokers’ annual chest scans was finally snuffed out yesterday by a unanimous federal jury in Boston . . . → Read More: Federal Jury in Boston Rejects Healthy Smokers’ Claim for Medical Monitoring

January 4th, 2015

Exposed But No Injury? Sue Now, Nevada.

In a New Year’s eve gift, the Nevada Supreme Court ruled that plaintiffs’ lawyers can bring lawsuits seeking medical monitoring costs on behalf of people who aren’t injured. The ruling, which is contrary to the trend in state courts, will allow individuals who may never develop an illness to bring massive class actions. Unlike courts that have allowed medical monitoring claims, but placed stringent requirements on plaintiffs to avoid speculative claims, the Nevada Supreme Court “decline[d] to identify specific factors that a plaintiff must demonstrate to establish entitlement to medical monitoring as a remedy.” . . . → Read More: Exposed But No Injury? Sue Now, Nevada.

December 18th, 2013

New York’s High Court Properly Rejects Longtime Smokers’ Claims for ‘Medical Monitoring’

Not all news coming out of Judicial Hellholes is bad news, and a decision by the New York Court of Appeals, the state’s highest court, rejecting an equitable medical monitoring claim is very good news . . . → Read More: New York’s High Court Properly Rejects Longtime Smokers’ Claims for ‘Medical Monitoring’

June 23rd, 2011

Wisconsin Appeals Court Upholds Dismissal of Medical Monitoring Claim

A three-judge panel of Wisconsin’s District III Court of Appeals recently upheld a circuit court’s dismissal of a claim for medical monitoring damages . . . → Read More: Wisconsin Appeals Court Upholds Dismissal of Medical Monitoring Claim