PASTERNACK v. LABORATORY CORP. OF AMERICA HOLDINGS

Docket No. 14-4101-cv August Term 2014.

839 F.3d 151 (2016)

Doctor Fred L. PASTERNACK, Plaintiff-Appellant, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, AKA LabCorp, ChoicePoint, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 6, 2016.


Attorney(s) appearing for the Case

CYNTHIA S. ARATO ( Daniel J. O'Neill , on the brief), Shapiro, Arato & Isserles LLP, New York, New York, for Plaintiff-Appellant.

ROBERT I. STEINER ( Sean R. Flanagan , on the brief), Kelley Drye & Warren, LLP, New York, New York, for Defendant-Appellee Laboratory Corporation of America Holdings.

FREDERICK T. SMITH , Seyfarth Shaw LLP, Atlanta, Georgia, for Defendant-Appellee LexisNexis Occupational Health Solutions Inc. (formerly ChoicePoint, Inc.).

Before: WESLEY, HALL, and CHIN, Circuit Judges.


This appeal challenges a judgment of the United States District Court for the Southern District of New York (Gardephe, J.) dismissing plaintiff-appellant Fred Pasternack's claims against defendants-appellees Laboratory Corporation of America Holdings ("LabCorp") and ChoicePoint, Inc. ("ChoicePoint"), drug testing companies, for purportedly...

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