Legal Opinion

Drake v. Laboratory Corp. of America Holdings

District Court, E.D. New York

Decided November 18, 2003No. 1:02-mj-01924PublishedCited by 17 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

BLOCK, District Judge.

Seeking compensatory and punitive damages, plaintiff Richard W. Drake (“Drake”) brings this action pursuant to 42 U.S.C. § 1983 based on alleged violations of his Fourth and Fourteenth Amendment rights. He also asserts several state common law tort claims. Pursuant to Federal Rule of Civil Procedure 12(b)(6), defendants separately move to dismiss the federal claims for failure to state a claim, and jointly move to dismiss the state common law claims on the ground of federal preemption. In addition, defendants Northwest Toxicology, Inc. (“Northwest”)…

2Cases cited45 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. County of Sacramento v. LewisSupreme Court of the United States · 1998
  4. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  5. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992

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3Cited by17 opinions

  1. Pasternack v. Laboratory Corp. of AmericaDistrict Court, S.D. New York · 2012
  2. Straker v. Metropolitan Transit AuthorityDistrict Court, E.D. New York · 2004
  3. Michael Chapman v. Lab OneCourt of Appeals for the Eighth Circuit · 2004
  4. Hall v. MarshallDistrict Court, E.D. New York · 2007
  5. Drake v. Laboratory Corp. of America HoldingsDistrict Court, E.D. New York · 2004

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