Drake v. Laboratory Corporation of America Holdings et al
| Richard W. Drake |
| Elsohly Laboratories, Inc., David J. Kuntz, Laboratory Corporation of America Holdings, Northwest Toxicology, Inc., West Paces Ferry Medical Clinic, William H. Whaley and Kevin Wilson |
| 1:2002cv01924 |
| September 3, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Frederic Block |
| Robert M. Levy |
| P.I.: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
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Filing
242
ELECTRONIC ORDER: Drakes perseverance in attempting to clear his name has been truly laudable. In a similar vein, his counsel has gone above and beyond the obligations of his initial appointment on his clients behalf. Nevertheless, the Court cannot ignore its obligation to apply the law. Here, New York law mandated dismissal because Drake had sufficient knowledge to sue LabCorp within the limitations period and failed to offer any evidence that his lack of knowledge concerning Northwests or K untzs involvement with his test was the result of fraudulent concealment by those defendants. As a result, he cannot invoke equitable estoppel against any of the three remaining defendants. There will be no formal order mailed to counsel. Ordered by Senior Judge Frederic Block on 9/3/2009. (Innelli, Michael)
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Filing
186
MEMORANDUM AND OPINION: With respect to counsel's letter applications as to discovery and expert discovery. There will be no formal decision mailed to counsel. Ordered by Senior Judge Frederic Block on 4/8/2009. (Innelli, Michael)
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