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  • Archer v. Defenders, Inc.

    Publication Date: 2022-10-25
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Seth Rigrodsky, Herbert W. Mondros, Rigrodsky Law P.A., Wilmington, DE; Eyal Dror, Shelly L. Friedland, Ted E. Trief, Trief & Olk, New York, NY; Macy D. Hanson, The Law Office of Macy D. Hanson PLLC, Madison, MS; Peter S. Pearlman, Cohn, Lifland, Pearlman, Herrman, & Knopf LLP, Saddle Brook, NJ for plaintiffs.
    for defendant: J. Cory Falgowski, H. Carlton Hilson, Kristin Bryance Metheny, Ronald W. Flowers, Burr & Forman LLP, Wilmington, DE for defendant.
    Case Number: 1:18-cv-00470-SB

    Court affirmed Fair Labor Standards Act settlement that provided significant legal fees where counsel recovered more than plaintiffs because the length and complexity of the litigation justified the legal fees.

  • Davis v. Town of S. Bethany Beach

    Publication Date: 2022-10-25
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Eric G. Mooney, Eric G. Mooney, P.A., Georgetown, DE; Tasha Marie Stevens-Gueh, Andrew & Stevens-Gueh, LLC, Georgetown, DE for plaintiff.
    for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Montchanin, DE for defendant.
    Case Number: S20C-06-018 CAK

    Promissory estoppel claim for denial of retirement benefits not dismissed where former employee sufficiently pled that prior versions of employer's personnel manual and employer's conduct created a promise that employee would be entitled to benefits despite subsequent amendments to eligibility requirements.

  • Walley v. Amazon.com, Inc.

    Publication Date: 2022-10-04
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Lynette M. Walley, New Castle, DE, pro se plaintiff.
    for defendant: Jody Barillare, Ann Marie Effingham, Emily C. DeSmedt, Morgan Lewis & Bockius, LLP, Wilmington, DE for defendant.
    Case Number: 21-1498-GBW

    Americans with Disabilities Act discrimination and failure to accommodate claims dismissed where plaintiff failed to allege sufficient facts to support a prima facie case and had improperly pled ADA claims against persons in their individual capacity.

  • Vermeer v. Univ. of Delaware

    Publication Date: 2022-09-20
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew F. Boyer, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; R. Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
    Case Number: 21-1500-RGA

    Plaintiff plausibly alleged sex discrimination from denial of tenure where she alleged that university granted tenure to two male applicants while imposing higher qualification standards upon plaintiff than were articulated in the faculty handbook.

  • Lewis v. Delaware Dep't of Transp.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Anthony N. Delcollo, Christopher J. Isaac, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: Allison J. McCowan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69924

    Terminated employee was not denied opportunity to contest prior disciplinary infractions, where those infractions were resolved by memoranda of understanding in which employee agreed not to contest those infractions or his discipline.

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  • Hull v. The Bd. of Educ. of Brandywine Sch. Dist.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: James H. McMackin, III, Morris James LLP, Wilmington, DE for appellee.
    Case Number: D69923

    James Hull appealed from the Brandywine School District's board of education decision to terminate Hull's employment as the driver's education teacher at Concord High School. Hull had worked as a driver's ed teacher at Concord High School for approximately 20 years.

  • Lamplugh v. PFB Energy

    Publication Date: 2022-08-09
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: George Lamplugh, Glen Mills, PA, pro se plaintiff;
    for defendant: Peter L. Frattarelli, Kevin F. Shaw, Archer & Greiner, P.C., Wilmington, DE, attorneys for defendants.
    Case Number: D69915

    Former supervisor did not commit defamation where they provided HR for plaintiff's prospective employer with arbitration decision related to plaintiff's termination from prior employment, particularly where the supervisor had gone to work for the prospective employer and had common interest.

  • Gary v. Deluxe Corp.

    Publication Date: 2022-08-09
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Constance Gary, New Castle, DE, pro se plaintiff.
    for defendant: Alessandra Glorioso, Jillian Kornblatt, Trevor Brown, Dorsey & Whitney (Delaware) LLP for defendant.
    Case Number: D69917

    Employee's defamation claim allowed to proceed where employee alleged that rumors were being spread around the workplace by one or more co-workers, which was sufficient allegation to state a claim of vicarious liability against the employer.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2022-08-02
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: D69908

    Pregnancy discrimination and wrongful termination claims were not dismissed where the lack of a disciplinary record could permit an inference of a nexus between employee's pregnancy and maternity leave and employer's decision to terminate.

  • Zenon v. Dover Downs, Inc.

    Publication Date: 2022-07-26
    Practice Area: Labor Law
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69899

    Court granted motion to compel arbitration where claimant's challenges to the conscionability of an arbitration agreement had to be resolved by an arbitration pursuant to the agreement's delegation clause, where claimant was not contesting the enforceability of the delegation clause.