Cynthia Arato Argues Before New York Court of Appeals in Drug Testing Case

On Wednesday, June 1st, Shapiro Arato partner Cynthia Arato appeared before the New York Court of Appeals to argue two questions certified by the U.S. Court of Appeals for the Second Circuit.  The firm represents Dr. Fred L. Pasternack, a pilot who brought suit against two drug testing companies who administered a drug test to him.  The certified questions are whether, under New York negligence law, a drug testing company owes a duty of care to the subject of a drug test based on federal regulations governing drug testing, and whether a fraud claim can be based on false representations made by a defendant to a third party whose reliance on the representations results in injury to the plaintiff.

A recording of the argument can be found here . More information about the case can be found here and here.