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  • Payne v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-01-31
    Practice Area: Labor Law
    Industry: Health Care | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Richard T. Wilson, Joe Klusman, Legal Services Corporation of Delaware, Inc., Wilmington, DE for appellant.
    for defendant: Victoria Counihan, Deputy Attorney General, Victoria Goff, Assistant Attorney General, Department of Justice, Wilmington, DE; Ingleside Homes, Inc. Wilmington, DE for appellees.
    Case Number: N22A-09-002 FWW

    Employer's failure to appear before the Unemployment Insurance Appeal Board or to obtain legal counsel required reversal of decision affirming appeal referee's determination that employee was discharged for good cause and thereby disqualified from unemployment compensation benefits.

  • Killian v. The Int'l Soc'y of Interdisciplinary Eng'rs LLC

    Publication Date: 2023-01-31
    Practice Area: Labor Law
    Industry: Education | Non-Profit | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE: David Wechsler, Daniel Grossman, Harris St. Lauren & Wechsler LLP, New York, NY for plaintiff.
    for defendant: Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Steven Suflas, Ballard Spahr LLP, Salt Lake City, UT; Joseph J. Bailey, Ballard Spahr, Philadelphia, PA for defendants.
    Case Number: N22C-05-11 EMD

    Court declined to dismiss breach of employment contract and wage claims as the parties had a genuine factual dispute over the basis for the termination of employee's employment contract, which could control whether employee was entitled to severance pay required by the agreement.

  • Elzufon, Austin, Tarlov & Mondell, P.A. v. Lewis

    Publication Date: 2023-01-24
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Walter J. O’Brien, Weber Gallagher Simpson Stapleon Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
    Case Number: N22A-03-006 FWW

    Industrial Accident Board had sufficient evidence to find causal connection between work injury and new physical symptoms where medical expert credibly testified that new symptoms were a consequence of the surgery to treat the work injury.

  • Parisi v. Backyard Works Inc.

    Publication Date: 2023-01-10
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: S21C-02-003 CAK

    Former employee failed to prove entitlement to commissions where his agreement conditioned commission on employer's receipt of payment from customers, but employer violated the Wage Payment and Collection Act by not timely paying earned commissions in accordance with the parties' practice.

  • Giles v. Town of Elsmere

    Publication Date: 2023-01-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
    for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
    Case Number: N22M-02-006 EMD

    Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • In re: Start Man Furniture LLC

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Michael J. Joyce, Joyce, LLC, Wilmington, DE; Rene S. Roupinian, Jack A. Raisner, Gail C. Lin, Raisner Roupinian LLP, New York, NY for appellants and cross-appellees.
    for defendant: Bradford J. Sandler, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for cross-appellant and appellee.
    Case Number: 20-10553 (CTG)

    Court reversed in part Bankruptcy Court's decision holding that debtor employers were not required to provide notice under the Federal Worker Adjustment and Retraining Notification Act prior to laying off workers during the COVID-19 pandemic.

  • Quality Assured Inc. v. David

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Nicholas Bittner for appellant.
    for defendant: David Crumplar for appellee.
    Case Number: N22A-05-012 SKR

    Industrial Accident Board had a sufficient evidentiary basis to award additional medical expenses upon crediting claimant's treating physician's testimony that was probative to show that epidural injections were causally related to claimant's work injury and necessary to provide him with functional relief.

  • McLaughlin v. C&D Contractors

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Linda Wilson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellant.
    for defendant: David Crumplar, Jacobs & Crumplar, Wilmington, DE for appellee.
    Case Number: N22A-04-002- FJJ

    Date of diagnosis of an occupational disease, rather than the date of last exposure to the cause of the disease, was the relevant date for determining a worker's average weekly wage and the controlling maximum weekly benefit.

  • Buzzfeed, Inc. v. Anderson

    Publication Date: 2022-11-15
    Practice Area: Labor Law
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Rolin P. Bissell, Elena C. Norman, Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Mary Eaton, Thomas Walsh, Nicholas Caselli, Freshfields Bruckhaus Deringer US LLP, New York, NY; Jonathan Kortmansky, Melissa Ginsberg, Braunhagey & Borden LLP, New York, NY for plaintiffs.
    for defendant: David A. Felice, Bailey & Glaser, LLP, Wilmington, DE; Kevin D. Galbraith, Taylor N. Perretti, The Galbraith Law Firm, New York, NY; Sean R. O’Brien, A.J. Monaco, O’Brien LLP, New York, NY; Yonaton Aronoff, Joseph Gallagher, Harris St. Laurent & Wechsler LLP, New York, NY for defendants.
    Case Number: 2022-0357-MTZ

    New corporate entity following SPAC transaction was not bound to employment agreements executed by prior corporate entity and thus new entity was not obligated to arbitrate employees' grievances.

  • Rider v. PPG Indus., Inc.

    Publication Date: 2022-11-01
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Brian E. O'Neill, Elliott Greenleaf, P.C., Wilmington, DE for plaintiff.
    for defendant: Jared Thomas Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE; Lindsay Neinast, Littler Mendelson, PC, Washington, D.C. for defendants.
    Case Number: 21-1819-GBW

    Breach of contract and promissory estoppel claims seeking retiree benefits were not preempted by ERISA where employee had allegedly negotiated for reinstatement of benefits as if there was no break in service upon resuming employment following termination, thereby creating an independent legal duty for employer.