Case Information
*1 ‐ ‐ cv U NITED S TATES C OURT OF A PPEALS FOR THE S ECOND C IRCUIT August Term
(Argued: Decided: October 2016) Docket cv
D OCTOR RED L. P ASTERNACK , Appellant, L ABORATORY C ORPORATION OF MERICA H OLDINGS , AKA L AB C ORP , C HOICE OINT , I NC .,
Defendants Appellees. N PPEAL FROM THE U NITED TATES D ISTRICT OURT
FOR THE OUTHERN D ISTRICT OF N EW Y ORK
Before:
W ESLEY H ALL HIN , Judges ______
Appeal from *2 claims against companies for New Appeals. Based response, affirm judgment court. FFIRMED .
YNTHIA S. RATO (Daniel J. Neill, brief ),
Shapiro, Arato & Isserles LLP, York, York, for Appellant R OBERT I. TEINER (Sean R. Flanagan, brief Kelley Drye & Warren, LLP, York, York, for Defendant Appellee Laboratory Corporation America Holdings. REDERICK T. MITH Seyfarth Shaw LLP, Atlanta, Georgia, Defendant Appellee LexisNexis Occupational Health Solutions Inc. (formerly ChoicePoint, Inc.).
ER URIAM :
This appeal challenges ‐ Fred against defendants appellees Laboratory Corporation America ChoicePoint, Inc.
( ʺ ʺ drug testing companies, a drug we to York pursuant Second Local Rule 27.2
Codes, Rules, Regulations Title § 500.27(a): First, whether promulgated Federal Aviation Administration Department Transportation ( ʺ ʺ law; second, whether ʹ s plaintiff. See Lab. Corp. Am. Holdings F.3d (2d Cir. The has now questions, see (2016), and, therefore, now consider dismissal complaint light clarification law. We assume parties familiarity facts record prior proceedings, which reference only as necessary explain decision affirm.
In an opinion filed 30, 2016, the Appeals both in the negative. Pasternack 27 at 826 27, 29. It held that (1) ʺ regulations and that are ministerial nature and do not implicate the scientific integrity the process do not duty law, ʺ id. at 27, (2) not law that relied on false statements, id. at 29. moved reargument but denied motion September 20, 2016. WL at *1 (N.Y. Sept.
As law governs substantive issues liability this case, authoritative rulings defeat (1) LabCorp breached him failing comply guidelines, (2) made statements federal investigators those investigators fraudulent Pasternack.
Accordingly, is affirmed.