A class action has been filed against medical testing company Laboratory Corporation of America Holdings (NYSE: LH) and certain of its officers and directors by stockholders who purchased the company's common stock between February 13 and October 3, 2002. The action claims that the defendants violated federal securities laws by issuing a series of material misrepresentations to the market over this time period, thereby artificially inflating the price of the company's securities. The stockholders seek to recover compensatory damages for the loss of value of their stock.
During this time period, the company issued statements that allegedly failed to disclose, or misrepresented, the following adverse facts, among others:
1. That LabCorp was experiencing increased competition in its traditionally strongest and core markets, such as the Carolinas.
2. That the company had understaffed certain of its core markets, leading to a lack of key employees, such as phlebotomists and account representatives, causing a material deterioration of service levels and a loss of business to increased competition.
3. That the decreased sale volume was caused by material operational deficiencies, rather than by a couple of pending deals that closed late, as the company had represented.
4. That the defendants knew that the company's sales problems would continue in the foreseeable future, contrary to its statements that volume growth would increase.
5. That, as a result of the foregoing, the company's assurance that its historical strong growth would continue lacked any reasonable basis.
Throughout this time period, LabCorp insiders, including the individual defendants, sold a total of 316,112 shares of LabCorp common stock at artificially inflated prices, grossing a total of over $26 million.
On October 3, 2002, after the close of regular trading, LabCorp shocked the market by announcing that it expected disappointing third quarter of 2002 results, due to "continued slowdown in volume growth in the routine, or core, testing business in certain key regions of the country," which it expected would continue at least until the end of 2002. Investors, primed by the defendants' prior statements, were shocked to learn that the slowdown had continued and was not expected to abate until after the end of the year, and that the slowdown had been in the company's core business.
In reaction to the company's belated disclosure, the price of LabCorp common stock plummeted, falling 34.6% in one day, from a close of $33.18 per share on October 3 to $21.68 per share on October 4, on trading volume of over 21.2 million shares, which is many times the company's average daily trading volume.