United States Second Circuit

In an action arising after defendant drug-testing companies allegedly mishandled plaintiff's random drug test required by federal regulations governing aviation safety, the court certified two questions to the New York Court of Appeals: 1) whether drug testing regulations and guidelines promulgated by the FAA and DOT create a duty of care for drug testing laboratories and program administrators under New York negligence law; and 2) whether a plaintiff may establish the reliance element of a fraud claim under New York law by showing that a third party relied on a defendant's false statements resulting in injury to the plaintiff.

Appellate Information

• Published 2015/11/17

Judges

• CHIN

Court

• United States Second Circuit

Counsel