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• Rodrigues v. The Scotts Company, LLC, et al. - rodrigues v scotts co mot to dismiss order (PDF) 

In this action, the plaintiff claims that Scotts (as the defendant companies are collectively designated) wrongly terminated his incipient employment after a required urine test confirmed the presence of nicotine, indicating that the plaintiff is a smoker of tobacco. . . .

Upon consideration of the parties’ submissions and after hearing, the motion to dismiss is granted in part and denied in part. The counts for wrongful termination and for violation of the state civil rights act fail to state a claim upon which relief can be granted. However, taking the allegations of the complaint as true, as is required at this stage of the case, the counts for invasion of privacy and for violation of the cited ERISA provision sufficiently outline claims to entitle the plaintiff to an opportunity to try to prove them.

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