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  • Keys v. Hanover Foods Corp.

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
    for defendant: Curtis J. Crowther, Timothy J. Houseal, Lauren E.M. Russell, and Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D69400

    Race discrimination claim dismissed on summary judgment where employee failed to present any specific evidence that his termination for sleeping on the job was pretext for racial animus.

  • Browning v. State of Delaware

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for appellant.
    for defendant: Keri L. Morris-Johnson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: D69398

    Injury that occurred on state-owned property was insufficient to trigger premises exception to the coming and going rule for public employee where the employee's injury occurred as she walked to the courthouse and had not crossed the threshold of courthouse property.

  • Alside Supply Ctr. v. Bottomley

    Publication Date: 2021-04-14
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Morgan Sack, Cipriani & Werner, P.C., Wilmington, DE for appellant.
    for defendant: Nicholas M. Krayer, Pratcher Krayer LLC, Wilmington, DE for appellee.
    Case Number: D69358

    Claimant entitled to workers' compensation for injuries suffered in assault upon arriving to work by unknown attackers where conflicts with other employees indicated that co-workers may have arranged for the assault, along with the lack of security at employer's facility supporting finding that the injuries arose from the course of employment.

  • Berry v. Mitra QSR KNE LLC

    Publication Date: 2021-03-03
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: James R. Donovan, Alexis N. Stombaugh, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for plaintiff
    for defendant: Joseph Andrews, Taylor E. Trapp, Law Office of Joseph Andrews, Dover, DE for defendant.
    Case Number: D69310

    Industrial Accident Board's credibility determinations finding claimant not credible and crediting employer's medical expert's opinion over claimant's expert provided sufficient basis to grant employer's petition to terminate benefits.

  • Finney v. Delaware Dep't of Transp.

    Publication Date: 2021-02-17
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: Allison J. McCowan, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69296

    The Merit Employee Relations Board erred in denying a grievant leave to amend his appeal to add claims based solely on the grievant's purported delay in asserting such claims, where the interests of justice favored amendment and employer would not have been substantially prejudiced.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • City of Wilmington v. Wilmington Fraternal Order of Police Lodge No. 1, Inc.

    Publication Date: 2021-02-10
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Aaron C. Baker, Robert M. Goff, Jr., Edward J. Kosmowski, City of Wilmington Law Department, Wilmington, DE for plaintiff.
    for defendant: Jeffrey M. Weiner, Jeffrey M. Weiner, Esquire, Wilmington, DE for defendant.
    Case Number: D69288

    Alterations to residency form were subject to mandatory collective bargaining where residency was not expressly defined under Delaware law nor expressly excluded from the scope of collective bargaining by public employers.

  • Johnson v. State

    Publication Date: 2021-01-27
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Matthew M. Bartkowski, Bifferato Gentilotti, LLC, Wilmington, DE for appellant.
    for defendant: John J. Klusman, Jr., Jocelyn N. Pugh, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: D69271

    Industrial Accident Board correctly reduced an employer's workers' compensation lien by the entire amount of third-party tort recovery where the lien balance exceeded the amount of recovery, requiring charging the full amount of reasonable legal fees and costs to the employer since it received the full amount of the tort recovery and the injured worker received nothing from the recovery.

  • Barrett Bus. Serv., Inc. v. Edge

    Publication Date: 2020-12-16
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Nicholas Bittner for appellant.
    for defendant: Timothy E. Lengkeek for defendant.
    Case Number: D69222

    The Industrial Accident Board was obligated to permit parties to submit new evidence directly addressing the issues identified in the appellate court's remand order.

  • Foraker v. Amazon.com, Inc.

    Publication Date: 2020-11-18
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Craig T. Eliassen, Schmittinger and Rodriguez, P.A. for appellant.
    for defendant: John J. Ellis, James T. Betts, Heckler & Frabizzio P.A. for appellee.
    Case Number: D69191

    Industrial Accident Board erred in finding worker's present pain to be aggravation of preexisting injuries rather than due to a work-related injury where worker's testimony that he had no pain and sought no treatment for over two decades prior to his work accident went uncontradicted and IAB cited to no other record evidence to reject that uncontradicted testimony as not credible.

  • Clemons v. New Castle County

    Publication Date: 2020-11-11
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michele D. Allen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Mary A. Jacobson, Laura Thomas Hey, New Castle County Office of Law, New Castle, DE for defendants.
    Case Number: D69182

    Americans with Disabilities Act claim failed where employee did not meet standard of "qualified individual" as request for leave without information on expected progress of treatment or anticipated date of return constituted a request for open-ended leave that was an unreasonable request for accommodation.