NY's Top Court Opens Door To Drug-Test Negligence Suits

Law360, New York (October 10, 2013, 7:20 PM EDT) -- New York's highest court on Thursday allowed a negligence lawsuit to proceed against a laboratory accused of falsely saying a man tested positive for marijuana, creating a new cause of action and also potentially exposing employers to liability for such foul-ups.

In a 4-3 decision that did not rule on the case's merits, the New York State Court of Appeals said Eric Landon can move ahead with a complaint targeting Kroll Laboratory Specialists Inc., which he says used substandard testing practices that cost him his full...
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