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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.
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.
Publication Date: 2022-10-25
Practice Area: Discovery
Industry: Construction | State and Local Government
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Michael Clarke, Deputy Attorney General, Consumer Protection Unit, Delaware Department of Justice, Wilmington, DE for plaintiff.
for defendant: John V. Work, Law Office of John V. Work, Wilmington, DE for defendants.
Case Number: N19C-05-323 FWW
The court granted plaintiff's requests for sanctions based on a failure to produce discoverable materials and spoliation of discoverable information.
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.
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.
Law Journal Press | Digital Book
Authors: Gary L. Brown
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Publication Date: 2022-07-19
Practice Area: Corporate Governance
Industry: Consulting | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Daniel M. Silver, Johanna Peuscher-Funk, McCarter & English, LLP, Wilmington, DE for plaintiff.
for defendant: John G. Harris, Berger Harris LLP, Wilmington, DE; Meredith Sharoky Paley, Spiro Harrison, Short Hills, NJ; Jason Charles Spiro, Spiro Harrison, Red Bank, NJ for defendant.
Case Number: D69887
Court lacked personal jurisdiction over purported shareholder of party to asset purchase agreement, where the purported shareholder had no contacts with Delaware and the court declined to enforce the forum selection clause in the APA as the shareholder was not a signatory to that contract.
Publication Date: 2022-06-14
Practice Area: Employment Litigation
Industry: Transportation
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Kenneth F. Carmine, Law Offices of Kenneth F. Carmine, P.A., Wilmington, DE for appellant.
for defendant: Nathan V. Gin, Vance E. Davis, Wilmington, DE for appellee.
Case Number: D69853
Partial temporary disability benefits award reversed where IAB erred in calculating the average wages for available positions identified by the credited vocational expert.
Publication Date: 2022-03-22
Practice Area: Trusts and Estates
Industry: Investments and Investment Advisory
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: James S. Green, Jr., Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiffs Edward F. Brovelli, Jr., individually, and as trustee of The Brovelli Family Trust 2A and defendant USA Carrington Park 20, LLC.
for defendant: Gregory F. Fischer, Cozen O’Connor, Wilmington, DE; John J. Sullivan, Cozen O’Connor, New York, NY, for defendants Independence Realty Operating Partnership, LP, Independence Realty Trust, Inc., Independence Realty Advisors, LLC, IRT Carrington Apartments Owner, LLC and plaintiffs Independent Realty Trust, Inc., and Independence Realty Operating Partnership, LP.
Case Number: D69751
The court held the trust had standing to sue defendants because defendant Carrington had transferred its right to sue to the trust, that Brovelli as an individual did not have standing to sue because he was not a party to any of the subject contracts, that defendants who were not parties to the subject contracts should be dismissed, and that whether damages were direct or consequential had issues of fact and were not appropriate for a motion to dismiss.
Publication Date: 2022-03-01
Practice Area: Contracts
Industry: Real Estate
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Jeffrey A. Clouser, Wilmington, DE, pro se plaintiff.
for defendant: Judy M. Jones, Parkowski, Guerke & Swayze, P.A., Wilmington, DE for defendant.
Case Number: D69730
The court held that the factual allegations in the amended complaint did not support plaintiff's contention that the parties entered into an enforceable oral contract, that the realtor misrepresented herself, or that she interfered with plaintiff's business.
Publication Date: 2021-11-23
Practice Area: Criminal Law
Industry:
Court: Delaware Superior Court
Judge: Judge Wharton
Attorneys: For plaintiff: Carolyn S. Hake, Deputy Attorney General, State of Delaware Department of Justice, Wilmington, DE for the DE.
for defendant: Patrick J. Collins, Collins & Associates, Wilmington, DE for defendant.
Case Number: D69617
The court found defendant's claims to support a new trial were barred as untimely under Rule 61(i)(1), as a successive motion under Rule 61(i)(2), and, in part, by procedural default under Rule 61(i)(3) because the evidence failed to satisfy the new evidence of actual innocence standard of Rule 61.
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