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

Brief

132 Cited authorities

  1. Mayle v. Felix

    545 U.S. 644 (2005)   Cited 4,587 times   2 Legal Analyses
    Holding that amendments to habeas petitions relate back under Fed.R.Civ.P. 15(c) where they are “tied to a common core of operative facts” and citing with approval Mandacina v. United States, 328 F.3d 995, 999–1000 (8th Cir.2003) (amended petition alleging failure to disclose a particular report relates back to date of original petition generally alleging Brady violation)

  2. Payne v. Tennessee

    501 U.S. 808 (1991)   Cited 2,608 times   21 Legal Analyses
    Holding that admission of victim impact evidence at death penalty sentencing phase does not per se violate the Eighth Amendment

  3. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,100 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

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

    559 U.S. 1 (2010)   Cited 761 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

  5. Silkwood v. Kerr-McGee Corp.

    464 U.S. 238 (1984)   Cited 914 times   1 Legal Analyses
    Holding that state award of punitive damages to person injured in nuclear incident did not conflict with federal remedial scheme regulating safety aspects of nuclear energy

  6. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,908 times   1 Legal Analyses
    Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law

  7. Carvel Corp. v. Noonan

    3 N.Y.3d 182 (N.Y. 2004)   Cited 752 times   2 Legal Analyses
    Holding that to support a claim for tortious interference, a plaintiff may show either that the defendant's conduct was for the sole purpose of inflicting intentional harm on the plaintiff or amounted to "a crime or an independent tort"

  8. 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."

  9. Sanchez v. State of New York

    99 N.Y.2d 247 (N.Y. 2002)   Cited 482 times
    Holding that State may be on constructive notice "from its knowledge of risks to a class of inmates based on the institution's expertise or prior experience, or from its own policies and practices designed to address such risks"

  10. Zumpano v. Quinn

    2006 N.Y. Slip Op. 1245 (N.Y. 2006)   Cited 414 times   2 Legal Analyses
    Holding that a party must establish "subsequent and specific actions by defendants somehow kept them from timely bringing suit"

  11. 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

  12. Section 44709 - Amendments, modifications, suspensions, and revocations of certificates

    49 U.S.C. § 44709   Cited 73 times
    Granting right to appeal to " person adversely affected by an order of the [FAA] under this section. . . ."

  13. 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

  14. 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

  15. Section 40.3 - What do the terms used in this part mean?

    49 C.F.R. § 40.3   Cited 39 times   2 Legal Analyses
    Defining "employee" including "individuals currently performing safety-sensitive functions designated in DOT agency regulations ...."

  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 40.123 - What are the MRO's responsibilities in the DOT drug testing program?

    49 C.F.R. § 40.123   Cited 20 times
    In § 40.123(c) governing the MRO's responsibilities, they state that the MRO "must determine whether there is a legitimate medical explanation for confirmed positive, adulterated, substituted, and invalid drug tests results from the laboratory."

  19. Section 40.33 - What training requirements must a collector meet for urine collection?

    49 C.F.R. § 40.33   Cited 18 times

    To be permitted to act as a urine collector in the DOT drug testing program, you must meet each of the requirements of this section: (a)Basic information. You must be knowledgeable about this part, the current "DOT Urine Specimen Collection Procedures Guidelines," and DOT agency regulations applicable to the employers for whom you perform collections. DOT agency regulations, the DOT Urine Specimen Collection Procedures Guidelines, and other materials are available from ODAPC (Department of Transportation

  20. Section 40.87 - What validity tests must laboratories conduct on primary urine specimens?

    49 C.F.R. § 40.87   Cited 14 times   2 Legal Analyses

    As a laboratory, when you conduct validity testing under §40.86, you must conduct it in accordance with the requirements of this section. (a) You must determine the creatinine concentration on each primary specimen. You must also determine its specific gravity if you find the creatinine concentration to be less than 20 mg/dL. (b) You must determine the pH of each primary specimen. (c) You must perform one or more validity tests for oxidizing adulterants on each primary specimen. (d) You must perform

  21. Section 382.105 - Testing procedures

    49 C.F.R. § 382.105   Cited 11 times

    Each employer shall ensure that all alcohol or controlled substances testing conducted under this part complies with the procedures set forth in part 40 of this title. The provisions of part 40 of this title that address alcohol or controlled substances testing are made applicable to employers by this part. 49 C.F.R. §382.105

  22. Section 40.355 - What limitations apply to the activities of service agents?

    49 C.F.R. § 40.355   Cited 11 times   3 Legal Analyses

    As a service agent, you are subject to the following limitations concerning your activities in the DOT drug and alcohol testing program. (a) You must not require an employee to sign a consent, release, waiver of liability, or indemnification agreement with respect to any part of the drug or alcohol testing process covered by this part (including, but not limited to, collections, laboratory testing, MRO, and SAP services). No one may do so on behalf of a service agent. (b) You must not act as an intermediary

  23. Section 67.107 - Mental

    14 C.F.R. § 67.107   Cited 10 times

    Mental standards for a first-class airman medical certificate are: (a) No established medical history or clinical diagnosis of any of the following: (1) A personality disorder that is severe enough to have repeatedly manifested itself by overt acts. (2) A psychosis. As used in this section, "psychosis" refers to a mental disorder in which: (i) The individual has manifested delusions, hallucinations, grossly bizarre or disorganized behavior, or other commonly accepted symptoms of this condition; or