• Delaware Technical & Cmty. Coll. v. Binns

    Publication Date: 2020-03-25
    Practice Area: Labor Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Elizabeth O. Groller for appellant.
    for defendant: Gary W. Aber, Gary W. Aber, P.A. for appellee.

    Case Number: D68920

    Terminated employee entitled to unemployment benefits where his termination was without just cause as he was not put on notice regarding his conduct and his conduct was not sufficiently egregious to warrant termination in the absence of prior warning.

  • Carr v. Global Payments, Inc.

    Publication Date: 2019-12-25
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: A. Thompson Bayliss and Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Peter L. Welsh and Paul S. Kellogg, Ropes & Gray LLP, Boston, MA for plaintiff.
    for defendant: T. Brad Davey and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; David L. Feinberg and Fredric J. Bold, Jr., Bondurant Mixon & Elmore, LLP, Atlanta, GA for defendant.

    Case Number: D68815

    Former employer's amendment of breach of contract claim to remove all references to misuse of confidential information brought the claim outside the scope of the employer's indemnification obligations to its former employee for litigation that pertained to the employee's role as a director and officer.

  • AlixPartners, LLP v. Mori

    Publication Date: 2019-12-11
    Practice Area: Labor Law
    Industry: Consulting
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Bradley R. Aronstam and Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE; Nicholas J. Pappas, Robert S. Berezin, and Justin Michael DiGennaro, Weil Gotshal & Manges LLP, New York, NY for plaintiffs.
    for defendant: John A. Sensing, Clarissa R. Chenoweth, and Jesse L. Noa, Potter Anderson & Corroon, LLP, Wilmington, DE for defendant.

    Case Number: D68800

    Court was not divested of subject matter jurisdiction under foreign law and regulation where plaintiffs' rights and remedies did not arise out of and were not inseparably related to foreign statutory law as to warrant their exclusive enforcement in a foreign tribunal.

  • Anderson v. Local 435 Union

    Publication Date: 2019-12-04
    Practice Area: Labor Law
    Industry: Automotive
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68790

    District court correctly dismissed complaint where plaintiff had previously litigated his claims or could have raised claims in the prior litigation.

  • Abdelfattahfathy v. St. Michael's Sch. and Nursery, Inc.

    Publication Date: 2019-10-23
    Practice Area: Civil Procedure | Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Sherine Abdelfattahfathy, Wilmington, DE, pro se plaintiff.
    for defendant: Lindsay Neinast, Litter Mendelson, PC, Washington, DC for defendant.

    Case Number: D68742

    Pro se plaintiff established good cause for improper and untimely service due to confusion over correct deadline for service and based on plaintiff's good faith attempts to correct errors in service.

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  • Bailey v. Mountaire Farms

    Publication Date: 2019-10-02
    Practice Area: Labor Law
    Industry: Agriculture
    Court: Delaware Superior Court
    Judge: Judge Stokes
    Attorneys: For plaintiff: David T. Bailey, Seaford, DE, pro se appellant.
    for defendant: Barry M. Willoughby and Lauren E.M. Russell, Rodney Square, Wilmington, DE, and Daniel C. Mulveny and Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.

    Case Number: D68718

    Employee had not voluntarily resigned with good cause attributable to work where there was no evidence alternative position was outside employee's medical restrictions and where employee failed to give employer opportunity to address employee's physical or medical limitations before resigning.

  • Cephas v. Int'l Longshoremen's Ass'n

    Publication Date: 2019-09-25
    Practice Area: Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Greenaway
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68710

    Appeal was dismissed as moot where appellant was provided with adequate notice of the disciplinary hearing leading to his suspension and where another suspension was so unlikely as to evade review and warrant an exception to the mootness doctrine.

  • Drummond v. Amazon.com.dedc, LLC

    Publication Date: 2019-09-11
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Tia Drummond, Newark, DE, pro se plaintiff.
    for defendant: Jody Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.

    Case Number: D68694

    Plaintiff's motion for leave to amend denied where court had dismissed plaintiff's complaint and terminated the case and where plaintiff had not first filed a motion to open the judgment.

  • Avande, Inc. v. Evans

    Publication Date: 2019-08-28
    Practice Area: Labor Law
    Industry: Accounting | Health Care | Insurance
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Thad. J. Bracegirdle and Julie M. O’Dell, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE, Jerome R. Bowen, Bowen Law Offices, Las Vegas, NV for plaintiff.
    for defendant: Sean J. Bellew, Bellew, LLC, Wilmington, DE for defendants.

    Case Number: D68678

    Company could force former CEO to provide accounting of transactions with company owned by the CEO, but failed to make prima facie case to require CEO to undertake accounting of all other challenged transactions since many other company employees were authorized to make expenditures.

  • Ephrat v. medCPU, Inc.

    Publication Date: 2019-07-24
    Practice Area: Labor Law
    Industry: Software
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Douglas D. Herrman, James H.S. Levine, Ellis E. Herington and Jay A. Dubow, Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for petitioners.
    for defendant: Patricia L. Enerio and Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Adam P. Samansky, Frank J. Earley and Andre Cizmarik, Mintz, Levin, Cohn, Ferris, Glovsky and Pope, P.C., Boston, MA and New York, NY for respondent.

    Case Number: D68639

    Former directors and officers were entitled to some advancement under former employer's corporate charter where employer's allegations of misappropriation of confidential information and property arose, at least in part, from the former directors' and officers' status as directors and officers to which they were entitled advancement for claims arising from such status.