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CASIAS v. WAL-MART STORES, INC.

No. 11-1227.

695 F.3d 428 (2012)

Joseph CASIAS, Plaintiff-Appellant, v. WAL-MART STORES, INC.; Wal-Mart Stores East, L.P.; and Troy Estill, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 19, 2012.

Attorney(s) appearing for the Case

ARGUED: Scott Michelman , American Civil Liberties Union Foundation, Santa Cruz, California, for Appellant. Susan M. Zoeller , Barnes & Thornburg, LLP, Indianapolis, Indiana, for Appellees. ON BRIEF: Scott Michelman , American Civil Liberties Union Foundation, Santa Cruz, California, Daniel S. Korobkin , Michael J. Steinberg , American Civil Liberties Union Fund of Michigan, Detroit, Michigan, Daniel W. Grow , Targowski & Grow, PLLC, Kalamazoo, Michigan, for Appellant. Susan M. Zoeller , Barnes & Thornburg, LLP, Indianapolis, Indiana, Michael P. Palmer , Barnes & Thornburg, LLP, South Bend, Indiana, for Appellees.

CLAY, J., delivered the opinion of the court, in which SUHRHEINRICH, J., joined. MOORE, J. (pp. 437-39), delivered a separate dissenting opinion.

OPINION

CLAY, Circuit Judge.

In this wrongful discharge action, Plaintiff Joseph Casias, a former Wal-Mart employee, appeals the district court's order denying his motion to remand and the dismissal for failure to state a claim following his termination for failing a drug test in violation of Defendants' drug testing policy. Because we find no reasonable basis to conclude that the non-diverse Defendant Troy...

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