ISHIKAWA v. DELTA AIRLINES, INC.

No. 01-35863.

343 F.3d 1129 (2003)

Yasuko ISHIKAWA, Plaintiff-Appellee, v. DELTA AIRLINES, INC., a Georgia Corporation, Defendant, and LabOne, Inc., a Delaware Corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 12, 2003.

As Amended December 3, 2003.


Attorney(s) appearing for the Case

John J. Weber, O'Flaherty, Cross, Martinez & Ovando, LLP, Anaheim, California, for the Appellant.

Mark McDougal and Linda K. Williams (briefed), Kafoury & McDougal, Portland, Oregon, for the Appellee.

Before: Andrew J. KLEINFELD, M. Margaret McKEOWN, Circuit Judges, and Charles R. BREYER, District Judge.


Argued and Submitted February 6, 2003 — Seattle, Washington.

OPINION

KLEINFELD, Circuit Judge.

We decide whether an airlines employee has a state common law tort action against a negligent urine testing laboratory.

Facts

Yasuko Ishikawa, a Delta flight attendant, got fired for failing a drug-detection urine test. But the test was negligently performed, and the result had no validity whatsoever. Delta rehired her, and paid...

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