Alarming Expansion in Public Nuisance Litigation Revealed by ATRA Report
From Social Media to Car Thefts, New Litigation Trends Threaten Entire Industries
Smith Jr. v. Terumo BCT, Inc.
(Co. App., filed March 3, 2025): Arguing that traditional tort-law principles preclude medical monitoring as a claim or remedy without present physical injury. The U.S. Supreme Court and a majority of state high courts reject medical monitoring tort claims by asymptomatic plaintiffs. Also arguing that expanding tort recovery to uninjured plaintiffs leads to unbounded litigation and unwarranted burdens on the judicial system.
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