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Doctor Fred L. Pasternack, Appellant,v.Laboratory Corporation of America Holdings,, et al., Respondents.

Brief

106 Cited authorities

  1. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 762 times   2 Legal Analyses
    Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

  2. N Y Univ v. Continental Ins Co.

    87 N.Y.2d 308 (N.Y. 1995)   Cited 1,901 times   5 Legal Analyses
    Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

  3. Parry v. Mohawk Motors of Michigan, Inc.

    236 F.3d 299 (6th Cir. 2000)   Cited 669 times
    Holding that the amended complaint supersedes all previous complaints and becomes the operative pleading

  4. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 686 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."

  5. Nallan v. Helmsley-Spear Inc.

    50 N.Y.2d 507 (N.Y. 1980)   Cited 850 times
    Holding that a commercial landlord has a duty to take reasonable precautionary measures to minimize the risk of foreseeable criminal activity and to make the premises safe for the visiting public

  6. Credit Corp. v. Andersen Co.

    65 N.Y.2d 536 (N.Y. 1985)   Cited 472 times   3 Legal Analyses
    Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity

  7. CPC International Inc. v. McKesson

    70 N.Y.2d 268 (N.Y. 1987)   Cited 316 times   3 Legal Analyses
    Holding that financial projections were "material existing fact, sufficient to support a fraud action"

  8. Friedman v. Anderson

    23 A.D.3d 163 (N.Y. App. Div. 2005)   Cited 187 times   1 Legal Analyses
    Granting a motion to dismiss a fraud claim for failure to demonstrate that defendants' actions were the proximate cause of the claimed losses

  9. Lombard v. Booz-Allen Hamilton, Inc.

    280 F.3d 209 (2d Cir. 2002)   Cited 202 times
    Affirming district court's holding that a loan applicant could not recover on a theory of negligence against a consulting firm retained by a potential lender to review the merits of a loan application where consulting firm's report resulted in denial of loan

  10. N.Y. v. Smokes-spirits.com

    541 F.3d 425 (2d Cir. 2008)   Cited 164 times
    Holding that the plaintiff adequately pleaded an association-in-fact enterprise consisting of two corporations

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 40120 - Relationship to other laws

    49 U.S.C. § 40120   Cited 141 times   2 Legal Analyses
    Requiring airlines to maintain liability insurance for bodily injury or death of individuals resulting from the operation or maintenance of an aircraft

  13. Section 46101 - Complaints and investigations

    49 U.S.C. § 46101   Cited 67 times   1 Legal Analyses
    Allowing persons to file complaints with DOT for violations of "this part or a requirement prescribed under this part," of which § 40127 is included, and for DOT to investigate and "issue an order to compel compliance"

  14. Section 45102 - Alcohol and controlled substances testing programs

    49 U.S.C. § 45102   Cited 18 times
    Authorizing "suspension or revocation of any certificate...or the disqualification or dismissal of the individual" who has tested positive for presence of a controlled substance

  15. Section 40.1 - Who does this regulation cover?

    49 C.F.R. § 40.1   Cited 44 times   1 Legal Analyses

    (a) This part tells all parties who conduct drug and alcohol tests required by Department of Transportation (DOT) agency regulations how to conduct these tests and what procedures to use. (b) This part concerns the activities of transportation employers, safety-sensitive transportation employees (including self-employed individuals, contractors and volunteers as covered by DOT agency regulations), and service agents. (c) Nothing in this part is intended to supersede or conflict with the implementation

  16. Section 40.193 - What happens when an employee does not provide a sufficient amount of specimen for a drug test?

    49 C.F.R. § 40.193   Cited 33 times   4 Legal Analyses

    (a) If an employee does not provide a sufficient amount of specimen to permit a drug test (i.e., 45 mL of urine in a single void, or 2mL oral fluid in a single sampling, as applicable) you, as the collector, must provide another opportunity to the employee to do so. In accordance with the employer's instructions, this can be done using the same specimen type as the original collection or this can be done by a collector qualified to use an alternate specimen collection for this purpose. (1) If you

  17. Section 40.191 - What is a refusal to take a DOT drug test, and what are the consequences?

    49 C.F.R. § 40.191   Cited 32 times   1 Legal Analyses

    (a) As an employee, you have refused to take a drug test if you: (1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by a C/TPA (see §40.61(a)); (2) Fail to remain at the testing site until the testing process is complete. Provided

  18. Section 4.03-2 - Serious marine incident

    46 C.F.R. § 4.03-2   Cited 5 times   1 Legal Analyses

    The term serious marine incident includes the following events involving a vessel in commercial service: (a) Any marine casualty or accident as defined in §4.03-1 which is required by §4.05-1 to be reported to the Coast Guard and which results in any of the following: (1) One or more deaths; (2) An injury to a crewmember, passenger, or other person which requires professional medical treatment beyond first aid, and, in the case of a person employed on board a vessel in commercial service, which renders

  19. Section 95.035 - Reasonable cause for directing a chemical test

    33 C.F.R. § 95.035   Cited 3 times

    (a) Only a law enforcement officer or a marine employer may direct an individual operating a vessel to undergo a chemical test when reasonable cause exists. Reasonable cause exists when: (1) The individual was directly involved in the occurrence of a marine casualty as defined in Chapter 61 of Title 46, United States Code, or (2) The individual is suspected of being in violation of the standards in §§ 95.020 or 95.025 . (b) When an individual is directed to undergo a chemical test, the individual

  20. Section 46.11 - Site-specific hazard awareness training

    30 C.F.R. § 46.11   Cited 3 times

    (a) You must provide site-specific hazard awareness training before any person specified under this section is exposed to mine hazards. (b) You must provide site-specific hazard awareness training, as appropriate, to any person who is not a miner as defined by § 46.2 of this part but is present at a mine site, including: (1) Office or staff personnel; (2) Scientific workers; (3) Delivery workers; (4) Customers, including commercial over-the-road truck drivers; (5) Construction workers or employees

  21. Section 120.3 - Purpose

    14 C.F.R. § 120.3   Cited 2 times

    The purpose of this part is to establish a program designed to help prevent accidents and injuries resulting from the use of prohibited drugs or the misuse of alcohol by employees who perform safety-sensitive functions in aviation. 14 C.F.R. § 120.3

  22. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation

  23. Appendix A to Part I - Delegations and Redelegations by Secretarial Officers

    49 C.F.R. § 1 app A to Part I   Cited 1 times

    49C.F.R. 1 app A to Part I

  24. Section 40.5 - Who issues authoritative interpretations of this regulation?

    49 C.F.R. § 40.5

    ODAPC and the DOT Office of General Counsel (OGC) provide written interpretations of the provisions of this part. These written DOT interpretations are the only official and authoritative interpretations concerning the provisions of this part. DOT agencies may incorporate ODAPC/OGC interpretations in written guidance they issue concerning drug and alcohol testing matters. Only Part 40 interpretations issued after August 1, 2001, are considered valid. 49 C.F.R. § 40.5