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DANIEL DiTOMASO, et. al., Plaintiffs
vs.
ELECTRONIC DATA SYSTEMS, et. al., Defendants
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Issues:
Drugs, public policy, privacy, negligence, emotional distress, covenant of good faith, drug tests
Case Summary:
Daniel DiTomasino, Herman Edwards, Kelvin Hunter and James Tracz file a 13-count complaint against Electronic Data Systems, the company that had fired them for failing a drug test. The complaints alleged violation of public policy, emotional distress, negligence, invasion of privacy and other violations. EDS moves for summary judgment, arguing that plaintiffs have failed to provide evidence to back up their claim.
Decision of lower jurisdiction:
This is the first action on this case.
Outcome:
EDS wins. The U.S. District Court of the Eastern District of Michigan granted summary judgment and dismissed counts 1-13, noting that plaintiffs admitted to smoking marijuana, and had "woefully failed to come forth with any evidence" of distress, invasion of privacy and other claims.