Cases / Current Cases

Laboratory Corporation of America Holdings (LabCorp) Consumer Litigation


Wolf Popper Defeats Defendant LabCorp’s Motion to Dismiss

On August 16, 2019, the U.S. District Court for the Middle District of North Carolina denied LabCorp’s motion to dismiss the amended complaint.  The amended complaint alleges that LabCorp unlawfully billed individuals at a rate far in excess of fair market value when laboratory tests were not covered by public or private healthcare insurers, and alleges claims under numerous state consumer protection laws, as well as for breach of implied contract and for declaratory relief.  LabCorp filed a motion to dismiss the amended complaint in September 2018, arguing that it had no duty to disclose pricing in advance of performing services and that all patients implicitly agree to pay its list prices if a public or private healthcare insurer is not responsible for the cost of the services. 

The Court sustained 10 out of 11 claims brought by the plaintiffs over LabCorp’s objections.  In particular, the Court declined to dismiss the plaintiffs’ claim for declaratory relief that, if awarded, would limit LabCorp to collecting only the reasonable value of its services, not its list prices.  The Court also sustained the plaintiffs’ state consumer protection claims, which allege that LabCorp’s excessive charges and threatening collection letters constitute unfair business practices.

The case is proceeding to discovery and an eventual class certification motion. 

A copy of the opinion can be found here.

Court Grants Wolf Popper’s Motion to File an Amended Class Action Complaint Against LabCorp

On August 7, 2018, the U.S. District Court for the Middle District of North Carolina granted Wolf Popper’s request to amend the complaint against LabCorp.  The amended complaint adds 12 additional named plaintiffs and now seeks a declaration that (i) LabCorp and consumers do not enter into a contract as to the price of services, (ii) LabCorp is therefore limited to collecting only a reasonable value for the services rendered, and (iii) LabCorp’s list prices are not reasonable.  The amended complaint retains the claims raised under numerous state consumer protection laws based upon the combination of excessive charges and threatening collection letters sent to consumers who do not pay.

Wolf Popper Files Class Action Against LabCorp

Wolf Popper is counsel to a proposed national class of consumers in a lawsuit against Laboratory Corporation of America Holdings (LabCorp) challenging its billing practices.  The complaint alleges that LabCorp unlawfully billed individuals at a rate far in excess of fair market value when laboratory tests were not covered by public or private healthcare insurers, and alleges claims under numerous state consumer protection laws, as well as for breach of implied contract and fraud.  

For further information about this case, please contact any of the following Wolf Popper attorneys: 

Robert C. Finkel
rfinkel@wolfpopper.com

Sean M. Zaroogian
szaroogian@wolfpopper.com


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