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Doyle Dennis Avery LLP Vs. DISA Global Solutions Inc, DISA Holdings Corp, University MRO LLC, University Services LLC, and Pyschemedics Corporation

The attorneys at Doyle Dennis Avery LLP Trial Lawyers have dedicated decades of their legal careers developing and refining their skills to protect workers throughout the United States. Texas law, similar to all states, provides specific protections to workers who suffer from retaliation, termination, or firing by their employer. Businesses and the economy do not run without the hard work of millions of Americans, and when they face discrimination and termination at work, they deserve to know what protections, benefits, and remedies are available to them.

Due to Doyle Dennis Avery LLP ’s vast experience in Texas courts, Doyle Dennis Avery LLP was hired to file suit against DISA Global Solutions Inc, DISA Holdings Corp, University MRO LLC, University Services LLC, and Pyschemedics Corporation for various alleged violations and negligence regarding Federal and State business practices. DISA Global Solutions is a foreign corporation doing business in Harris County, Texas where their headquarters are located. DISA Global Solutions is a third-party administrator for drug testing for companies working in the upstream and downstream energy sector. University MRO LLC and University Services LLC are both wholly owned entities of DISA who aid in their completion of work. Psychemedics is a foreign corporation with headquarters in Massachusetts and operating as a hair drug testing company throughout the United States, including Harris County, Texas. The suit was filed in Harris County District Court in Houston, Texas.

DISA Global Solutions and their entities control over the management and administration of drug testing for virtually the entire upstream and downstream energy sector. DISA completely controls the drug testing process from collection to laboratory analysis. DISA determines who is selected for drug testing, what kind of drug test is performed, when employees should be drug tested, and mandates and controls how an employee is tested. DISA then sends the specimens to Psychemedics for processing before the report is sent the Medical Review Office of University Services, a DISA entity. DISA exclusively utilizes University Services, an entity wholly owned by DISA, to provide services as the Medical Review Office(“MRO”). University Services is then responsible for receiving and reviewing laboratory results for the drug testing program and evaluating medical explanations for certain drug test results. DISA maintains the final decision whether to accept the drug test result or reject it. DISA also decides and controls under which a contractor employee member may request a re-analysis of his or her original specimen. Thus, DISA through its contracts and agreements virtually controls all aspects regarding to drug testing for the upstream and downstream energy sector.

This suit was filed against Defendants regarding their collection, testing, reporting, administration, mismanagement and dissemination of a false positive drug test result on or about November 5, 2018. Prior to Defendants’ improper conduct, Doyle Dennis Avery LLP ’s client worked in the oil and gas industry for approximately 10 years. During this period, they were tested multiple times and never tested positive for illegal drug use. As part of pre-employment screening for a new job in the energy industry, Doyle Dennis Avery LLP ’s client was sent to DISA Gulf Coast Service Center to take a urine and hair follicle drug test on or about November 5, 2018. The Defendant then inaccurately concluded Doyle Dennis Avery LLP ’s client tested positive for an illegal drug. The result simply was inaccurate and incorrect. Doyle Dennis Avery LLP ’s client did not and does not use illegal drugs. During the same time period, Doyle Dennis Avery LLP ’s client was under the continued medical care related to a high-risk pregnancy, and as part of this treatment, the client never tested positive for any illegal drugs. Since the false positive test result, Doyle Dennis Avery LLP ’s client has continued to receive drug tests and repeatedly confirmed that they do not take illegal drugs.

The Defendants as a result of the false positive placed Doyle Dennis Avery LLP ’s client’s name into both DISA’s and Pyschemedics’ drug testing databases. These misrepresentations and false statements have barred Doyle Dennis Avery LLP ’s client from obtaining employment with oil and gas industry employers who either have agreed to use DISA for their drug testing or companies with zero tolerance drug testing program. As a result of its conduct, Defendants have embarrassed and humiliated Doyle Dennis Avery LLP ’s client and completely blackballed them from working in the oil and gas industry. Defendants actions caused Doyle Dennis Avery LLP ’s client to suffer serious economic and noneconomic harm, including irreparable damage to the client’s reputation and loss of employment. In addition, Defendants have harmed Doyle Dennis Avery LLP Client’s employment prospects, ruined their reputation, resulted in substantial emotional and financial distress, and destroyed the client’s standing in the community.

Doyle Dennis Avery LLP , on behalf of their client, is pursuing compensation for harm done by the Defendants. Doyle Dennis Avery LLP ’s client suffered mental anguish, and of reasonable probability will continue to suffer mental anguish in the future, past and future reputational harm, past and future lost wages, and damages generally. Our lawyers are proud to represent workers against employers who refuse to follow the law and do not respect the rights of their employees. In this case the Defendants allegedly had actual, subjective awareness of the risk involved with their behavior, but nevertheless continued with coconscious indifference to the rights, safety, or welfare of Doyle Dennis Avery LLP ’s client.

Workplace safety is incredibly important, but more important is the standards companies have regarding measuring it. Companies need to know that the protections and safeguards they have in place actually work. In this case, it is alleged the Defendants did not ensure those safeguards and protections worked properly and as a result seriously harmed Doyle Dennis Avery LLP ’s client. The attorneys at Doyle Dennis Avery LLP proudly and fervently support their clients in pursuing the justice they deserve. If you have experienced discrimination or wrongful termination, call us for a free evaluation of your potential legal claim.

Ball v Alleyton Judgement Affirmed by Texas Fourteenth Court of Appeals

On June 3rd, 2021 The Texas Fourteenth Court of Appeals affirmed a $1.7 million dollar judgement in favor of Doyle Dennis Avery LLP ’s client Joseph Ball against Alleyton Resource Company LLC. Doyle Dennis Avery LLP ’s team of attorneys in Ball v. Alleyton Resource Company LLC had successfully presented the case to a Fort Bend County District Court Jury who on July 26,2019 awarded Mr. Ball with $1,706,187 in damages, including $164,168 in past wages, $675,519 in future lost wages, $100,000 in past mental anguish, $16,500 in future mental anguish, and $750,000 in punitive damages. The judgement also will come with a substantial amount of interest owed on the $1.7 million dollar judgement over the last couple years. The jury found that Alleyton Resources retaliated and wrongfully terminated Mr. Ball for instituting procedures under the Texas Worker’s Compensation Act.

Doyle Dennis Avery LLP ’s client drove a ready-mix concrete truck and worked for Alleyton for nearly a decade. After suffering a workplace injury, Mr. Ball instituted worker’s compensation proceedings. As a result, Doyle Dennis Avery LLP ’s client was fired. Doyle Dennis Avery LLP ’s team presented evidence in the prior trial that Alleyton Resource Company LLC violated its internal policies, concealed the reason for Ball’s termination, contradicted its basis for the firing, and failed to timely and accurately document the termination.

The Fourteenth Court of Appeals found no error in the previous jury trial and their final judgement in Ball v Alleyton. It further rejected Alleyton’s arguments such as that the admissible evidence is factually insufficient to support the jury’s findings that Alleyton terminated Ball because he had instituted a proceeding under the Texas workers’ compensation statute. Alleyton also asserted that a trial court abused its discretion when it admitted the claims diary into evidence over a hearsay objection, but this argument too was rejected by the Appeals Court. Furthermore, Alleyton in their appeal objected to the jury’s exemplary damages award and its inability to offer certain instructions in the jury charge. The Texas Fourteenth Court of Appeals further rejected these arguments in upholding the prior judgement in favor of Doyle Dennis Avery LLP ’s client.

Doyle Dennis Avery LLP ’s client will now be owed not only the initial $1.7 million dollar judgement but also significant interest earned on that amount as well. Doyle Dennis Avery LLP ’s team of experienced trial attorneys and staff are proud of their work once again in helping their clients receive adequate compensation and financial support after a life changing work accident. Doyle Dennis Avery LLP is proud of their track record in not just this case but the hundreds of cases over previous decades successfully pursued by our team. If you suffer a workplace injury then are retaliated against as a result, please contact the experienced trial attorneys at Doyle Dennis Avery LLP to help you pursue the justice you deserve. Our team is eager to continue fighting for clients we believe in their quest for justice. Call today and schedule a free consultation with our team of experienced trial attorneys!

Doyle Dennis Avery LLP Hires New Attorney

Doyle Dennis Avery LLP is pleased to announce that Emma Brockway has joined the firm as an Associate Attorney. Emma joined the firm as a Law Clerk during her first summer in law school. While working for Doyle Dennis Avery LLP, she discovered her passion for helping individuals and returned to work at the firm every subsequent year.

Since joining Doyle Dennis Avery LLP as an Associate Attorney, Emma has zealously advocated for employees, including health care workers, who were wrongfully fired or otherwise retaliated against by their employers. Her practice also includes representing individuals in insurance bad faith cases, civil rights litigation, and general personal injury lawsuits. Emma received her B.A. in English from Texas State University and her J.D. from the University of Houston Law Center.

Doyle Dennis Avery LLP is proud to welcome Emma to the firm.

Doyle Dennis Attorneys Recognized as Super Lawyers

Doyle Dennis Avery LLP is proud to announce that Michael P. Doyle and Patrick Dennis were recently recognized by Thomson Reuters as Texas Super Lawyers. Super Lawyers is a rating service of outstanding lawyers from 70+ practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations. A “Super Lawyer” distinction is awarded to only 5% of all Texas lawyers. Additionally, Michael Doyle was named on the list of Top 100 Houston Super Lawyers.  


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KBR Loses Bid to Have Iraqi Court Hear Electrocution Suit

A federal judge has ruled against a motion by KBR to transfer to Iraq a lawsuit filed against the company. Survivors of Ryan Maseth, a Green Beret who was killed in Iraq in 2008 when he was electrocuted in a shower facility, had sued the military contractor for negligence.

District Judge Nora Fischer for the United States District Court for the Western District of Pennsylvania, denied KBR’s motion to transfer the case to Iraq, but did not rule on whether the case should be transferred elsewhere in the United States.

KBR’s attempt to move the case is the only the latest example of a military contractor’s attempt to transfer a case against it to an Islamic country. Blackwater AWS lost its attempt to transfer the claims arising from the crash of a charter flight because Islamic law would not hold a company liable for the acts of its employees.

Doyle Dennis Avery LLP represents persons injured by the negligence of military contractors. The firm is currently engaged in litigation against KBR on behalf of members of the U.S. National Guard and the British Royal Air Force.

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