United States Fifth Circuit

An airline employee's claims for negligence, defamation, and intentional infliction of emotional distress under Texas law, arising from employment drug testing, were preempted under the Omnibus Transportation Employee Testing Act, and FAA regulations. (Revised opinion)

Appellate Information

• Decided 12/03/2002
• Published 12/26/2002

Judges

• EDITH H. JONES, Circuit Judge:, Before DAVIS, JONES and SMITH, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• W.D. Masterson,Dorothy Elizabeth Masterson, Kilgore & Kilgore, Paul Rayford Smith (argued), Scott, Bowman & Stella, Dallas, TX, for Plaintiff-Appellee., Stephen F. Fink (argued), Bryan Patrick Neal, Thompson & Knight, Dallas, TX, Andrew J. Fisher, Delta Air Lines, Hartsfield Atlanta Intern. Airport, Atlanta, GA, for Defendant-Appellant.