SCOTT v. AMERICAN TOBACCO COMPANY, 98-3016 (La. 2/26/99)

PER CURIAM[fn*] [fn*] Marcus, J., not on panel, recused. Rule IV, Part 2, § 3.

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.