News & Analysis as of

Drug Testing Negligence

Marshall Dennehey

Existence of Duty in Negligence Matter Hinges on the Relationship Between the Parties.

Marshall Dennehey on

Meros v. Sunbelt Rentals, Inc. --- N.E.3d ----, 2023 WL 8271002, 2023-Ohio-4313 - Candice Matthews, as fiduciary of the Estate of Tanisha M. Matthews and Asiah T. Matthews, appealed the trial court’s decision granting summary...more

Fox Rothschild LLP

Botched Drug Test Opens Door To SC Worker’s Suit Against Testing Company

Fox Rothschild LLP on

A drug testing company may be liable for negligence if a worker is damaged in employment as a result of a botched test, the South Carolina Supreme Court has ruled. In a unanimous decision, the justices held that a drug...more

Maynard Nexsen

Employee Who Fails Drug Test Can Sue Drug Testing Laboratory For Negligence

Maynard Nexsen on

Can a drug testing lab be sued for negligence in South Carolina if it mishandles an employee’s drug test? Yes, according to a recent decision issued by the South Carolina Supreme Court with potential ramifications for drug...more

Haynsworth Sinkler Boyd, P.A.

Duty Of Care Owed To Employee Subjected To Drug Testing

On March 20, 2019, the South Carolina Supreme Court recognized that a drug testing laboratory owes a duty of care to an employee who is subjected to drug testing in the employment context. In Shaw v. Psychemedics...more

Littler

South Carolina Supreme Court Opens Door to Holding Drug-Testing Companies Liable for Negligence

Littler on

On March 21, 2019, the South Carolina Supreme Court answered a certified question that will impact third-party vendors under contract with South Carolina employers to conduct employee drug testing. ...more

Jackson Lewis P.C.

Drug Testing Laboratories May Be Sued For Negligence In South Carolina

Jackson Lewis P.C. on

The South Carolina Supreme Court held that laboratories who perform workplace drug tests on behalf of employers owe a duty of care to the individuals who are tested and may be sued for negligence for failing to properly and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New York Court Of Appeals Creates Negligent Drug Testing Claim

Landon v. Kroll Laboratory Specialists, No. 2013-142 (N.Y. Ct. of Appeals Oct. 10, 2013) (Lippman, C.J.): A recent decision by the New York Court of Appeals has far-ranging implications in the area of employee drug testing....more

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