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Publication Date: 2019-05-15
Practice Area: Employment Litigation
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Neelima Vanguri and Sidney L. Gold, Sidney L. Gold & Asso-ciates, P.C., Philadelphia, PA for plaintiff.
for defendant: Kevin A. Guerke, Baird Mandalas Brockstedt, LLC, Wilmington, DE for defendant.
Case Number: D68561
Employee failed to allege sufficient facts that she was discriminated against due to her age or disability, but the complaint adequately stated a claim for retaliation.
Publication Date: 2019-04-24
Practice Area: Landlord Tenant Law | Personal Injury
Industry: Distribution and Wholesale | Food and Beverage
Court: Delaware Superior Court
Judge: Judge Rocanelli
Attorneys: For plaintiff: Joseph J. Rhoades, Rhoades & Morrow, Wilmington, DE for plaintiff.
for defendant: David Primack, McElroy Deutsch Mulvaney & Carpenter LLP, Wilmington, DE for defendant. Mark Sposato, Marks, O'Neill, O'Brien, Doherty & Kelly, P.C., Wilmington, DE for third-party defendant.
Case Number: D68540
A landlord was not entitled to indemnity in this personal injury matter, because the employer who leased the property was entitled to the protection of the workers' compensation exclusivity doctrine.
Publication Date: 2019-03-27
Practice Area: Corporate Governance
Industry: Food and Beverage | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Kurt M. Heyman and Melissa N. Donimirski, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Ja-son M. Leviton and Joel A. Fleming, Block & Leviton LLP, Boston, MA; Mark Lebovitch, Edware G. Timlin and David MacIsaac, Bernstein Litowitz Berger & Grossmann LLP, New York, NY for plaintiffs.
for defendant: Kevin G. Abrams, Michael A. Barlow and Andrew J. Peach, Abrams & Bayliss LLP, Wilmington, DE; Mi-chael B. Carlinsky and Adam M. Abensohn, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY for defendants. Kevin R. Shannon, Christopher N. Kelly and Jaclyn C. Levy, Potter Anderson & Corroon LLP, Wilmington, DE for nominal defendant Pilgrim's Pride Corp.
Case Number: D68506
Based on the company's bylaws, the court had personal jurisdiction over the parties to this dispute.
Publication Date: 2019-01-30
Practice Area: Corporate Governance
Industry: Food and Beverage
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Peter B. Ladig, Brett M. McCartney and Elizabeth A. Powers, Bayard, P.A. Wilmington, DE; Garland A. Kelley, Glaser Weil LLP, Los Angeles, CA for plaintiff.
for defendant: Blake Rohrbacher, Robert L. Burns, Brian F. Morris and Kevin M. Regan, Richards, Layton & Finger, P.A., Wilmington, DE for defendant.
Case Number: D68444
A company failed to demonstrate that a director's request for records was made for an improper purpose, so the court required the company to provide relevant documents, including emails and text messages.
Publication Date: 2019-01-16
Practice Area: Criminal Law
Industry: Financial Services and Banking | Distribution and Wholesale | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Whitney C. Cloud and Lesley F. Wolf, Assistant United States Attorneys, Wilmington, DE for the United States of America.
for defendant: Thomas E. Carluccio, Law Office of Thomas E. Carluccio, Plymouth Meeting, PA; Frank G. Fina, Law Office of Frank G. Fina, Plymouth Meeting, PA for defendant.
Case Number: D68429
The court denied a motion in limine where the evidence that the government sought to introduce was not intrinsic to the offenses charged in the indictment.
Law Journal Press | Digital Book
Authors: Joseph S. Britton
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Publication Date: 2018-12-26
Practice Area: Administrative Law | Attorney Compensation
Industry: Food and Beverage
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger and Candace E. Holmes, Schmittinger & Rodriguez, P.A., Dover, DE for claimant.
for defendant: Robert S. Hunt, Franklin & Prokopik, Wilmington, DE for Pepsi Bottling Ventues, LLC.
Case Number: D68404
An employee was not entitled to a presumption that her post-injury wages equaled her post-injury earning power, so her partial disability benefits were properly reduced.
Publication Date: 2018-12-12
Practice Area: Administrative Law | Land Use and Planning
Industry: Food and Beverage | State and Local Government
Court: Delaware Superior Court
Judge: Judge Stokes
Attorneys: For plaintiff: John W. Paradee, Glenn C. Mandalas and Daniel F. McAllister, Mandalas & Brockstedt, Dover, DE for appellant.
for defendant: Veronica O. Faust, Morris James, LLP, Rehoboth Beach, DE; Michael J. Hoffman, Tarabicos Grosso, LLP, New Castle, DE for appellees.
Case Number: D68387
A property owner abandoned a nonconforming use of an eatery for at least one year, and the property was subject to floodplain district requirements.
Publication Date: 2018-12-12
Practice Area: Employment Litigation | Labor Law
Industry: Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Patrick C. Gallagher and Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
for defendant: Richard A. Barkasy and Daniel M. Pereira, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE; Jo Bennett and Samantha Banks of Schnader, Harrison, Segal & Lewis LLP, Philadelphia, PA for defend-ants.
Case Number: D68389
Genuine issues of material fact existed as to a former employee's claims involving constructive discharge and a hostile working environment, but she was not entitled to recovery under the Fair Labor Standards Act.
Publication Date: 2018-11-28
Practice Area: Contractual Disputes | Corporate Entities
Industry: Food and Beverage
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Jessica Zeldin of Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; Scott G. Burdine and David E. Wayne of Burdine Wynne LLP, Houston, TX for plaintiffs
for defendant: Timothy R. Dudderar and Travis R. Dunkelberger of Potter Anderson & Corroon LLP for Blue Bell de-fendants; Srinivas M. Raju and Kelly L. Freund of Richards, Layton & Finger, P.A., Wilmington, DE for defendants Bridges and Kruse.
Case Number: D68371
Plaintiffs failed to allege sufficient facts to rebut the presumption of corporate separateness between a parent company and its subsidiary, and their conclusory allegations did not support theories for piercing the corporate veil or joint venture liability.
Publication Date: 2018-11-14
Practice Area: Corporate Entities | Deals and Transactions
Industry: Food and Beverage
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: Rodger D. Smith II, Ryan D. Stottmann and Alexandra M. Cumings of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Richard B. Walsh, Jr. and Evan Z. Reid of Lewis Rice LLC, St. Louis, MO for plaintiffs.
for defendant: Kevin R. Shannon, Christopher N. Kelly and Jay G. Stirling of Potter, Anderson & Corroon LLP, Wil-mington, DE; William C. O'Neil, Jeffrey J. Huelskamp and Michael A. Meneghini of Winston & Strawn LLP, Chicago, IL for defendants.
Case Number: D68356
Plaintiffs could not enjoy benefits under the contract while refusing to perform their obligations under it.
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