January 5, 2008
Kelley Drye successfully achieved a dismissal of a class action lawsuit filed in the United States District Court for the District of New Jersey against its client, Laboratory Corporation of America ("LabCorp").
The suit was filed by current and former licensed heath care professionals, seeking to represent a putative nationwide class, who alleged that they were disciplined by their respective licensing boards as a result of "EtG" testing performed by LabCorp and other testing laboratories.
EtG testing is designed to detect the presence of a metabolite of alcohol in urine. Plaintiffs alleged that, because of their history of drug or alcohol abuse, they were required by their respective state licensing boards to abstain from consuming alcoholic beverages and to submit to EtG testing.
Each plaintiff claimed that although EtG was detected in his or her urine, he or she had not consumed alcoholic beverages. Plaintiffs alleged claims of negligence, consumer fraud and common law fraud against LabCorp and its co-defendants.
On LabCorp's motion, the District Court dismissed plaintiffs' complaint in its entirety.
The Kelley Drye attorneys involved were Robert Steiner and Lauri Mazzuchetti.