Full title: NATHANIEL J. NOLAN and HELENA WITTENBERG, individually and on behalf of…
Court: United States District Court, Middle District of North Carolina
Case no: 1:21cv979
Date published: Feb 13, 2023
Fact:
This is a putative class action involving claims of unfair and deceptive conduct under Nevada and Florida law related to the billing practices of Defendant Laboratory Corporation of America Holdings (“Labcorp,” sometimes referred to the parties as “LabCorp”). Before the court is Labcorp’s motion to dismiss all claims pursuant to Federal Rule of Civil Procedure 12(b)(6). (Docs. 10, 11.) Plaintiffs filed a response in opposition (Doc. 13), and Defendant replied (Doc. 15). On November 8, 2022, the court heard oral argument. For the reasons set forth below, the motion to dismiss for failure to state a claim will be granted, and the complaint will be dismissed.
Issue:
CONCLUSION:
For the reasons set forth above,
IT IS ORDERED that Defendant’s motion to dismiss (Doc. 10) is GRANTED and that all claims are DISMISSED WITH PREJUDICE except for those by Plaintiff Nolan based on alleged violations of Nev. Rev. Stat. §§ 598.0923(1)(d) and (e), which are DISMISSED WITHOUT PREJUDICE.