United States Tenth Circuit

In an action brought under Oklahoma's Standards for Workplace Drug and Alcohol Testing Act (ODTA) alleging that defendant violated the procedural requirements of the ODTA after it subjected the plaintiff to a drug test as a result of an accident while on the job, summary judgment for defendant is affirmed where: 1) the phrase "conducted pursuant to federal law" as used in the exemption provision of the ODTA describes those drug tests mandated and governed by federal law; 2) the plaintiff's drug test was required by federal law and subject to Department of Transportation regulations; and 3) the test was conducted pursuant to federal law, and thus, plaintiff's claim failed.

Appellate Information

• Decided 06/04/2008
• Published 06/04/2008

Judges

• McCONNELL, Circuit Judge., Before TACHA, EBEL and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jan Preece Gaddis, Duncan, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Christine E. Reinhard, Akin Gump Strauss Hauer & Feld, LLP, San Antonio, TX (Shannon B. Schmoyer, Akin Gump Strauss Hauer & Feld, LLP, San Antonio, TX;  Shannon K. Emmons and Douglas M. Todd, Phillips McFall McCaffrey McVay & Murrah, P.C., Oklahoma City, OK, with her on the briefs), for Defendant-Appellee.