New York Court of Appeals Roundup: Medical Monitoring, Shield Law for Journalists, Bidding at Auction
In their monthly column in the New York Law Journal, Roy Reardon and William Russell address three decisions issued by the Court of Appeals in December. The first decision answered a question certified by the U.S. Court of Appeals for the Second Circuit by declining to recognize a cause of action for medical monitoring brought by smokers who have not been diagnosed with a smoking-related disease. In the second decision, the court applied New York's journalistic shield law to protect a New York reporter from being required to disclose her sources in an action brought in Colorado arising out of the tragic Aurora movie theater shooting. Finally, the court found that the statute of frauds did not enable a successful auction bidder with "buyer's remorse" to avoid his obligation to complete the purchase.