Serpe Andrews is proud to announce that one of its partners, Chris Knudsen, secured a victory before the Texas Supreme Court on behalf of a firm client. At the trial court level, Chris secured a summary judgment finding that third-party companies that collect and test samples for drug testing do not owe a duty to the employees being tested. The intermediate court of appeals reversed the summary judgment and found that such a duty existed in Texas. On Friday, June 23, 2023, Chief Justice Nathan Hecht delivered the opinion of the Supreme Court finding that third-party companies hired by an employer to perform drug testing do not owe the employees a common-law duty of care. The Court concluded that the risk–utility factors set out in Greater Houston Transportation Co. v. Phillips weigh against imposing such a duty and that declining such a duty is consistent with existing Texas law. The Court reversed and rendered judgment on behalf of the defendants.
Serpe Andrews is a full-service civil litigation and appellate law firm. Based on our experience and knowledge of our clients and their industries, we provide novel and effective legal solutions. We remain dedicated to providing excellent results for our clients.