In addition to denying the motion for summary judgment, Judge Biggs sorted through two motions from Labcorp to exclude expert opinions submitted by the class. Judge Biggs granted Labcorp’s motion to exclude an expert’s testimony regarding float compensation received by Fidelity but denied Labcorp’s motion to exclude another expert’s opinions about recordkeeping and administrative fees after finding that expert’s methodology was reliable.
Counsel for the parties and a Labcorp spokesperson didn’t immediately respond Friday to requests for comment on the decision.
McDonald is represented by Matthew J. Norris of Norris Law Firm PLLC, by Brandon J. Hill, Luis A. Cabassa and Amanda E. Heystek of Wenzel Fenton Cabassa PA and by Michael C. McKay of McKay Law LLC.