Daley Mohan Groble news room - recent results

Summary Judgment in Two Noteworthy Employment Cases

DMG is pleased to announce two recent victories in the United States District Court for the Northern District of Illinois on behalf of a long-standing railroad client. In two significant employment cases, the work of DMG’s Ray Groble and Sean Sullivan led the court to grant summary judgment or motion to strike on all counts in both cases, ending the cases in our client’s favor.


The plaintiffs brought claims against our client on theories of violation of drug testing regulations, defamation and tortious interference with business prospects. The plaintiffs were employees of a contractor of our client, and they applied for jobs with our client. The plaintiffs were given conditional employment contingent on the results of background screening and a drug test. The plaintiffs drug tests returned positive, and as a result, they were barred from our client’s property. Our client notified the plaintiffs’ employer that the plaintiffs were barred from our clients property, giving the reason of the failed drug test. The plaintiffs were then terminated by their employer.

Plaintiffs challenged this in a suit against our client, their former employer and the drug testing facility with the argument that the drug tests were false and that by telling their employer about the drug test, our client had defamed the plaintiffs and interfered with their prospective economic interests.

In a victory for all employers, the Court found that the communication about the drug test failure was protected by a qualified privilege because it occurred in a legitimate business context, was in good faith to uphold a legitimate interest and was limited in scope to that purpose. The Judge’s opinion contained a strong discussion of the concept of qualified privilege in this context and cited over 100 points of authority. The Judge granted our client summary judgment in both cases, ending the cases in our client’s favor.


We are proud to have handled these noteworthy cases and won this excellent result!

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