positive drug test (Kentucky) · Go Syfert
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positive drug test in Kentucky

5 Kentucky opinions name it 2 courts 2001–2026 2 in the last five years

The cases below were cited by Kentucky courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Stinson v. Physicians Immediate Care, Ltd.green
illappct · 1995 · cited in 2 Kentucky opinions naming this issue, 2001–2002
2 sentences

2002Afton could foresee that improper collecting and handling of the specimen could contribute to a false positive result and could injure an employee.... [T]he likely effect of a false positive result is significant and devastating; employment will likely be terminated and future prospects of employment adversely impacted."); Stinson v. Physicians Immediate Care, Ltd., 269 Ill.App.3d 659 , 207 Ill.Dec. 96 , 646 N.E.2d 930, 933 (1995) ("Here, the injury, that the plaintiff would be terminated from his employment, is not only foreseeable, but also is a virtual certainty in the event of a positive d

2002Afton could foresee that improper collecting and handling of the specimen could contribute to a false positive result and could injure an employee.... [T]he likely effect of a false positive result is significant and devastating; employment will likely be terminated and future prospects of employment adversely impacted."); Stinson v. Physicians Immediate Care, Ltd., 269 Ill.App.3d 659 , 207 Ill.Dec. 96 , 646 N.E.2d 930, 933 (1995) ("Here, the injury, that the plaintiff would be terminated from his employment, is not only foreseeable, but also is a virtual certainty in the event of a positive d

22
Lewis v. Aluminum Co. of Americagreen
lactapp · 1991 · cited in 2 Kentucky opinions naming this issue, 2001–2002
2 sentences

2002In addition, the likelihood of injury is great ...."); Lewis v. ALCOA, 588 So.2d 167, 170 (La.Ct.App.1991): He was not an unknown third party to LSI [Laboratory Specialists, Inc.].

2001In addition, the likelihood of injury is great ....”); Lewis v. ALCOA, 588 So.2d 167, 170 (La.Ct.App.1991); He was not an unknown third party to LSI [Laboratory Specialists, Inc.].

22

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Kentucky. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Helms v. Commonwealth green
kyctapp · 2015
1 sentence

2026Id.

12026–2026
Shrout v. the TFE Group green
kyctapp · 2005
1 sentence

2025In Shrout v. The TFE Group, 161 S.W.3d 351 (Ky. App. 2005), the second case upon which Magna Wave relies, a truck driver challenged his -7- termination following a positive drug test.

12025–2025
Southwood v. Commonwealth green
kyctapp · 2012
1 sentence

2015In other words, she suggested that this positive drug test occurred from activities prior to her sentencing. ' Finally, Blankenship’s testimony at the hearing indicated that she had requested help from the' probation officer to stop smoking marijuana and his response was to scoff at the idea of drug rehabilitation from marijuana. ■ The Commonwealth, citing Sowthwood v. Commonwealth, 372 S.W.3d 882 (Ky.App. 2012), avers that it is not necessary for the trial court to make specific findings of fact.

12015–2015
McClure v. Commonwealth green
kyctapp · 2015
1 sentence

2015Sowthwood , however, has. been abrogated by McClure v. Commonwealth, 457 S.W.3d 728 (Ky.App.2015), which relied on Andrews .

12015–2015

Where else courts name it

NY 42 (2003–2026) TX 24 (1995–2026) CA 17 (2000–2026) FL 15 (1994–2024) PA 15 (1994–2024) NM 13 (1993–2024) NJ 12 (1996–2023) MO 10 (1997–2024) LA 8 (1992–2020) OH 7 (1992–2021) DC 6 (1994–2025) IA 5 (2003–2024) KY 5 (2001–2026) AR 5 (1995–2022) MA 5 (2003–2023) NC 4 (2006–2023) TN 3 (1996–2022) WA 3 (2005–2007) DE 3 (2006–2025) IN 3 (1999–2013) NE 3 (1995–2024) KS 3 (1997–2026) CT 2 (2002–2004) IL 2 (2006–2006) MS 2 (2002–2026) CO 2 (2019–2025) NV 2 (2013–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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