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SMITHKLINE BEECHAM CORP. v. DOE

No. D-4131.

903 S.W.2d 347 (1995)

SMITHKLINE BEECHAM CORPORATION and Smithkline Beecham Clinical Laboratories, Inc., Petitioners, v. Jane DOE, Respondent.

Supreme Court of Texas.

Decided July 21, 1995.

Attorney(s) appearing for the Case

Elizabeth M. Fraley, R. Scott Fraley, Dallas, for petitioners.

Philip Durst, Austin, for respondent.

HECHT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, CORNYN, ENOCH and OWEN, Justices, joined.

Increasingly within the past decade, the policy of employers in this country has been to screen employees and prospective employees for drug usage. Employers frequently retain independent laboratories to perform drug screening tests. This case requires us to begin to define these laboratories' legal responsibility to persons tested...

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