Pasternack v. Laboratory Corporation, No. 14-4101 (2d Cir. 2015)
Annotate this CasePlaintiff, a physician and airplane pilot, filed suit contending that LabCorp and other drug testing companies, engaged to administer a random drug test in accordance with federal regulations governing aviation safety, mishandled the test. The court reserved decision and certified the following questions to the New York Court of Appeals: whether drug testing regulations and guidelines promulgated by the FAA and DOT create a duty of care for drug testing laboratories and program administrators under New York negligence law; and whether a plaintiff may establish the reliance element of a fraud claim under New York law by showing that a third party relied on a defendantʹs false statements resulting in injury to the plaintiff.
The court issued a subsequent related opinion or order on November 23, 2015.
The court issued a subsequent related opinion or order on October 6, 2016.
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