Opinion
No. 98-C-3016
February 26, 1999 Corrected Opinion March 2, 1999.
IN RE: American Tobacco Co.; American Brands Inc.; Fortune Brands Inc.; BATUS Holdings Inc.; Batus Inc.; Brown Williamson Tobacco Cor; Lorillard Inc.; Lorillard Tobacco Co.; Loews Corp.; Philip Morris Companies Inc.; R. J. Reynolds Tobacco Co.; RJR Nabisco Inc.; Tobacco Institute Inc.; UST Inc.; United States Tobacco Co.; Philip Morris Inc.; — Defendant(s); Applying for Writ of Certiorari and/or Review; Parish of Orleans Civil District Court Div. "K" Number 96-8461; to the Court of Appeal, Fourth Circuit, Number 98CA-0452; Parish of Orleans Civil District Court Div. "K" Number 96-8461.
Denied. See per curiam.
HTL
PFC
WFM
CDK
JTK
MARCUS, J. not on panel; recused.
VICTORY, J. would grant the writ.
TRAYLOR, J. would grant the writ.
Denied. However, the conclusion of the court of appeal that the reasonable cost of necessary medical monitoring falls within the scope of defendant's liability was purely dicta, unrelated to the class certification issue. We do not consider the correctness of this conclusion, and the trial court should not feel bound by this conclusion when the issue is presented in that court.