United States: Fourth Circuit Court Of Appeals Revives Class Action Over Labcorp's Deceptive Patient Acknowledgment Form

On April 10, 2024, the Fourth Circuit Court of Appeals partially reversed the District Court's dismissal of Wolf Popper's class action complaint against Labcorp. As the Fourth Circuit noted, the Patient Acknowledgment does not inform patients of the "patient list price" they will be charged if testing is not covered by insurance. The Fourth Circuit held that Labcorp's list price is "material to the reasonable patient" that must be disclosed to patients. Labcorp's failure to do so, the Fourth Circuit held, constitutes a violation of the Nevada Deceptive Trade Practices Act. The case will now proceed to discovery and an eventual class certification motion.