Below are examples of some the successful results Firms attorneys have obtained
for our clients:
In 2004, Firm attorneys assisted its NLCP clients with the implementation of
process changes required by federally-mandated revisions to the DHHS’s
comprehensive national regulatory scheme for drug testing laboratories.
Firm attorneys obtained summary judgment in Billingsley v. LabCorp, Inc., 2006
WL 2559819, (M.D. Ala. 2006), in which a drug testing laboratory was sued for
allegedly inaccurate test results.
Firm attorneys obtained summary judgment in Smeltzer v. Medtox Laboratories,
2006 WL 2095468 (D. Minn. 2006), in which a federally-certified laboratory was
sued for alleged violations of federal drug testing regulations.
Firm attorneys negotiated $1,000.00 settlement of clinical malpractice claim
filed in North Texas state court alleging negligent laboratory testing by
patient suffering from prostate cancer.
Firm attorneys negotiated de minimus settlement of “needle-stick” lawsuit filed
in the United States District Court for the Western District of Texas.
Firm attorneys obtained summary judgment in Chapman v. LabOne, Inc., 2006 WL 3196926
(S.D. Ohio 2006) after the case was remanded for further proceedings upon plaintiff’s
appeal from the federal district court’s initial dismissal for failure to state a claim
arising from a federally-regulated drug test.
Firm attorneys obtained dismissal of lawsuit pending in the United States
District Court for the Northern District of Mississippi alleging that
laboratory had duty to inform employer of all possible “legitimate”
explanations of positive drug testing results.
Firm attorneys obtained dismissal of lawsuit pending in the United States
District Court for the Southern District of Florida alleging that laboratory
had duty to conduct further testing on urine specimens absent instructions from
the designated MRO and interview specimen donors regarding test results.
Firm attorneys drafted the opposition to plaintiff’s motion to remand and the
laboratory’s motion to dismiss in Rector v. LabOne, Inc., 208 F.Supp.2d 987,
988 (E.D. Ark. 2002).
Firm attorneys obtained dismissal of lawsuit pending in the United States
District Court for the District of South Carolina alleging that laboratory owed
common law duties to FHWA employee subject to DOT drug testing regulations that
conflicted with laboratory requirements imposed by federal drug testing
regulations.
Firm attorneys obtained dismissal of lawsuit filed in Illinois state court
alleging negligent HIV laboratory testing performed as part of plaintiff’s
application for life insurance policy.
Firm attorneys negotiated de minimus settlement of negligent drug testing
lawsuit filed in Wyoming state court.
Firm attorneys obtained dismissal of negligent drug testing lawsuit filed in
Louisiana state court.
Firm attorneys obtain dismissal of drug testing lawsuit filed in the United
States District Court for the District Court of New Jersey on the grounds that
claims were preempted by federal drug testing regulations.
Firm attorneys negotiated $100.00 settlement of negligent drug testing lawsuit
filed in Louisiana federal district court.
Firm attorneys obtained dismissal of negligent drug testing lawsuit filed in
Mississippi federal district court.