Motion To Dismiss Granted

Jeffrey P. Downer and Pamela J. DeVet won a Rule 12(b)(6) motion to dismiss claims against their client in Owen v. Diamond B Constructors, Inc. et al. in the U.S. District Court for the Western District of Washington. When plaintiff admitted using marijuana while working as a welder at an oil refinery jobsite, his employment was terminated. He sued the employer, the jobsite owner, and Jeff and Pam’s client, the third-party administrator of the other defendants’ drug and alcohol testing programs. He alleged defendants had breached the collective bargaining agreement and were also liable for negligence and defamation. The Court agreed that plaintiff’s employment-related claims were time-barred under the collective bargaining agreement, and his tort claims were preempted by federal labor law. The court dismissed the claims with prejudice.

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