Philadelphia MOODK Attorneys Mark Merlini and Michael Joyce secure dismissal of all claims against clients in claims for negligence regarding chemical drug testing in Federal District Court. Plaintiff was extended a conditional offer of employment by a co-defendant contingent on a negative drug test result. The co-defendant took a sample of Plaintiff’s hair and sent it to MOODK’s client, who co-defendant had a contract for employment drug screenings with, for a pre-employment drug test. The sample was tested and found positive for an illicit substance. Plaintiff reported that it was a false positive based on a prescription she was taking. The co-defendant refused to provide Plaintiff with the opportunity to perform a new test and rescinded the employment offer. Plaintiff filed suit claiming the co-defendant discriminated against her due to her pregnancy and alleged MOODK’s client was negligent in refusing to provide a new drug test. MOODK’s attorneys argued that the client had no duty to provide a new drug test to Plaintiff because the client was not Plaintiff’s employer and was rather just contracted to provide drug testing for samples recieved from the co-defendant. The Federal Court agreed and dismissed all claims against MOODK’s clients with prejudice, finding they owed no duty to Plaintiff.