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When Is a Tort Complete?
Duty, breach, causation and injury: These are the traditional elements of a tort claim. Thus, under customary theories, a tort is inchoate unless and until the plaintiff suffers actual injury. Faced with that quandary, plaintiffs have resorted to novel claims and theories. Chadbourne & Parke's Thomas Riley and Gina Ilardi describe recent decisions in cases involving claims for medical monitoring by courts in Mississippi, New Jersey and Oregon to illustrate different approaches to these claims.