Faye Caldwell was lead counsel in Willis v. Roche Biomedical Laboratories,
Inc., 61 F.3d 313 (5th Cir. 1995) in which the Fifth Circuit Court of Appeals
held that urine drug testing laboratories do not owe a duty of care to
individual donors when performing occupational drug testing in Texas.
Firm attorneys assisted in an appeal of adverse jury verdict and obtained
judgment rendered for defendant from Texas Fourth Court of Appeals. Laboratory
Corp. Of America v. Compton, 126 S.W.3d 196 (Tex. App.—San Antonio 2003, pet.
denied).
Firm attorneys assisted in an interlocutory appeal from denial of motion to
dismiss and obtained ruling that state law regulating conduct specifically
addressed by federal drug testing regulations is preempted; as are claims that
federally-regulated laboratories "violated state common-law drug-testing
standards that are independent of federal law." Drake v. Laboratory Corporation
of America Holdings, 458 F.3d 48 (2d Cir. 2006).
Firm attorneys defended a grant of summary judgment in federal drug testing
case before the Sixth Circuit Court of Appeals, which held that no private
right of action exists to enforce federal drug testing regulations. Parry v.
Mohawk Motors of Michigan, Inc., 236 F.3d 299 (6th Cir. 2000).