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Massachusetts Supreme Court: Smokers Can Pursue Medical Monitoring Costs Against Philip Morris 

To the casual observer, tobacco litigation may seem very 1990s. But could it be making a comeback? A decision Monday by the Massachusetts Supreme Court hints that it's trying.

The court ruled that plaintiffs in a purported class action pending in federal court can pursue claims against Philip Morris USA for medical monitoring expenses even though they have not been diagnosed with smoking illnesses. In a unanimous opinion written by Justice Francis Spina, the court noted that theories of negligence have to be updated. . . .

Steven Phillips of Levy Phillips & Konigsberg, an attorney for the plaintiffs, told us that in fact most states have not addressed medical monitoring. He called the Massachusetts opinion "carefully thought out," and predicted that other courts would find it persuasive. He was also upbeat about the prospects of class certification. "I rather like my chances," he said.

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