Fifie v. Cooksey

ORDER

MORRIS, United States Magistrate Judge.

This case was removed to federal court by the Defendant, who is being sued by Plaintiff for compensatory damages for alleged negligence under Florida law concerning the reporting of drug test results of a railway employee. Defendant asserts that federal law and regulations have completely preempted any claims concerning drug testing of railway employees and that the case should be dismissed. Plaintiff claims he is not relying on federal regulation, that state common law provides the basis for his suit and the case should be remanded to state court.

Th…