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  • Vivint Solar, Inc. v. Lundberg

    Publication Date: 2024-06-11
    Practice Area: Labor Law
    Industry: Energy
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Michael C. Heyden, Jr., Gordon Rees Scully Manskuhani, LLP, Wilmington, DE; Peggy A. Tomsic, Bryant L. Watson, Magleby, Cataxinos & Greenwood, Salt Lake City, UT for plaintiff.
    for defendant: Timothy R. Dudderar, Potter Anderson & Corroon LLP, Wilmington, DE; Alan C. Bradshaw, Chad R. Derum, Mitch M. Longson, Manning Curtis Bradshaw & Bednar PLLC, Salt Lake City, UT for defendant.
    Case Number: 2020-0988-PAF

    Company breached equity incentive agreement by cancelling employee's award when they transferred to another company under common control with the employer and thus continued in service to the "company group."

  • Agyeman v. Epic-Africa Found

    Publication Date: 2024-06-03
    Practice Area: Labor Law
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: “J” Jackson Shrum, Jack Shrum, P.A., Wilmington, DE; Dayna C. Cooper, Cooper Legal Solutions, Towson, MD for plaintiff.
    for defendant: Tracey E. Timlin, Charles W. Fournier, Duane Morris LLP, Wilmington, DE for defendants.
    Case Number: N23C-04-192 MAA

    Court dismissed case due to failure to perfect timely service, lack of personal jurisdiction over one of the defendants, and venue being more proper in another jurisdiction.

  • Cephas v. Apple Green

    Publication Date: 2024-05-27
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Donald Wade Cephas, Newark, DE, pro se plaintiff.
    for defendant:
    Case Number: 23-1295-GBW

    Federal court lacked jurisdiction over wrongful termination claim where defendant was a private company and plaintiff failed to plausibly plead a claim under Title VII.

  • BuzzFeed Media Enter., Inc. v. Anderson

    Publication Date: 2024-05-27
    Practice Area: Labor Law
    Industry: E-Commerce | Entertainment and Leisure | 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, Christian Vandergeest, Freshfields Bruckhaus Deringer US LLP, New York, NY for plaintiff.
    for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Kevin D. Galbraith, The Galbraith Law Firm, New York, NY; Sean R. O’Brien, A.J. Monaco, O’Brien LLP, New York, NY; Joseph Gallagher, Harris St. Laurent & Wechsler LLP, New York, NY for defendants.
    Case Number: 2023-0377-MTZ

    Employment agreements' statement of parties' agreement to arbitrate claims generally and reference to AAA created presumption of parties' intention to delegate questions of substantive arbitrability to the arbitrator.

  • White v. Unemployment Ins. Appeal Bd.

    Publication Date: 2024-05-20
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston,
    Attorneys: For plaintiff: Jalisa White, pro se appellant.
    for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
    Case Number: N23A-08-004 PAW

    Unemployment Insurance Appeal Board did not abuse discretion in declining to hear untimely appeal of benefits determination where claimant was not precluded from filing a timely appeal.

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    Chester County Court Rules 2024

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  • Katz v. Beebe Healthcare

    Publication Date: 2024-05-13
    Practice Area: Labor Law
    Industry: Health Care | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-625-WCB

    Court imposed financial sanctions on plaintiff's former counsel due to counsel's failure to provide discovery despite repeated assurances of production.

  • Stanford v. Chimes of Delaware

    Publication Date: 2024-05-06
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Trina M. Stanford, Wilmington, DE, pro se plaintiff.
    for defendant:
    Case Number: 23-663-RGA

    Court sua sponte dismissed employment discrimination claims due to insufficient allegations regarding employment status and exhaustion of administrative remedies.

  • Amazon.com, Svcs., LLC v. Rook

    Publication Date: 2024-05-06
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Miller
    Attorneys: For plaintiff: Kristopher T. Starr, Marshall Dennehy, P.C., Wilmington, DE for appellant.
    for defendant: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for appellee.
    Case Number: N23A-04-003 KMM

    Treatment falling outside Health Care Practice Guidelines could still be reasonable and necessary and thus compensable under workers' compensation, such that the Industrial Accident Board was not obligated to take judicial notice of the Guidelines where some of a claimant's treatment fell outside them.

  • Fasano v. Delaware

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
    for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.
    Case Number: 22-1329-SRF

    Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.

  • Traub v. Stardust389, Inc.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
    for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.
    Case Number: 22-1582-SRF

    Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.