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DONOVAN v. PHILIP MORRIS USA, INC.

455 Mass. 215 (2009)

KATHLEEN DONOVAN & another v. PHILIP MORRIS USA, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

October 19, 2009.

Attorney(s) appearing for the Case

Steven J. Phillips, of New York (Christopher Weld, Jr., Edward Foye, & David C. Strouss with him) for the plaintiffs.

Sheila L. Birnbaum, of New York (Gary R. Long, of Missouri, & Michael K. Murray with her) for the defendant.

Patricia M. Connally & Stacie B. Lieberman, of the District of Columbia, & Harry P. Cohen, for Coalition for Litigation Justice, Inc., & others, amici curiae, submitted a brief.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, BOTSFORD, & GANTS, JJ.

SPINA, J.

The United States District Court for the District of Massachusetts, in the context of a motion to dismiss and a motion for summary judgment filed by Philip Morris USA, Inc. (Philip Morris), has certified the following questions to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981)2:

"1. Does the plaintiffs' suit for medical monitoring, based on subclinical effects of exposure to cigarette...

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