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Publication Date: 2024-02-26
Practice Area: Labor Law
Industry:
Court: Delaware Superior Court
Judge: Judge Robinson
Attorneys: For plaintiff: Kimberly A. Harrison, Tybout, Redfearn & Pell, Wilmington, DE for appellant.
for defendant: Ross C. Karsnitz, Morris James, LLP, Georgetown, DE for appellee.
Case Number: S23A-06-002 RHR
Industrial Accident Board correctly calculated divisor for determining average weekly wage by excluding a claimant's paid time off taken during weeks that they worked, as workers' compensation laws required exclusion of benefit time, including sick and vacation leave, from the calculation of a claimant's AWW.
Publication Date: 2024-02-19
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for appellant.
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
Case Number: N23A-04-004 CEB
Volunteer work performed on behalf of employer did not fall within course and scope of employment where employer derived no substantial benefit as employees were not required to volunteer nor promote employer during their volunteer work.
Publication Date: 2024-02-05
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
for defendant: Stacy A. Scrivani, Alexis R. Gambale, Stevens & Lee, P.C., Wilmington, DE; Lisa M. Scidurlo, Stevens & Lee, P.C., King of Prussia, PA; Michael M. Greenfield, Sasha A. Phillips, Stevens & Lee, P.C., Philadelphia, PA; Theresa M. Zechman, Stevens & Lee, P.C., Lancaster, PA for defendant.
Case Number: 22-1283-RGA
Court declined to dismiss religious discrimination claim where terminated employee adequately pled sincerely held religious belief supporting her objection to COVID-19 vaccines.
Publication Date: 2024-01-29
Practice Area: Labor Law
Industry: Construction | Energy | Recruitment and Staffing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for plaintiff.
for defendant: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Cecily L. Kaffer, The Kullman Firm, Mobile, AL; Setara C. Ozan, The Kullman Firm, Birmingham, AL for defendants.
Case Number: 22-1224 (MN)
Age discrimination/failure-to-hire claim failed under a theory of cat's paw liability where employer relied on more information than the feedback of a potentially biased supervisor to determine that plaintiff lacked the necessary skills and recent work experience.
Publication Date: 2024-01-15
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
for defendant: Keri L. Morris-Johnston, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
Case Number: S23A-10-002 NEP
Industrial Accident Board did not err in denying workers' compensation claim for COVID-19 where it weighed the evidence to determine that it was more likely that worker was infected outside of work rather than at work.
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Publication Date: 2024-01-08
Practice Area: Labor Law
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Jennifer Hulton, Lincoln University, PA, plaintiff pro se.
for defendant: Lauren Elizabeth Moak Russell, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: 22-1584 (MN)
Employer was entitled to summary judgment where employee failed to rebut employer's legitimate, performance-based reasons for termination to show that those reasons were a pretext for disability discrimination.
Publication Date: 2024-01-01
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Lance M. Geren, Ashley E. Macaysa, Paul D. Starr, O’Donoghue & O’Donoghue, New Castle, DE for plaintiffs.
for defendant: Laurence V. Cronin Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Donald D. Gamburg, Immon Shafiei, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Philadelphia, PA for defendant.
Case Number: 21-1563-GBW
Court upheld union grievance arbitration award where there was sufficient record evidence to support finding that employer's discovery of employee's on-the-job alcohol intoxication after terminating the employee for other reasons constituted after-acquired evidence.
Publication Date: 2024-01-01
Practice Area: Labor Law
Industry: Automotive
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Anthony N. Delcollo, Michael K. DeSantis, Apla V. Batia, Offit Kurman, P.A., Wilmington, DE for defendant.
Case Number: N23C-08-316 EMD
Court declined to dismiss disability discrimination claim where diabetes might qualify as a disability as defined by the ADA and employer was on notice of worker's need for accommodations for his diabetes.
Publication Date: 2023-12-18
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Supreme Court
Judge: Justice LeGrow
Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
Case Number: 47, 2023
Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.
Publication Date: 2023-12-11
Practice Area: Labor Law
Industry: Legal Services
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: William W. Weller, Middletown, DE, appellant pro se.
for defendant: Jennifer C. Jauffret, Richards, Layton & Finger, P.A., Wilmington, DE; Victoria W. Counihan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellees.
Case Number: N23A-03-007 FWW
Unemployment benefits claim was properly denied where worker received one year's worth of wages as a final payment upon separation from employment, meaning that the worker was not economically insecure and in need of unemployment compensation.
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