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172 results for '* topic:"Labor Law"' You can use Search Constraints to get even better search results
Publication Date: 2018-12-19
Practice Area: Labor Law
Industry: Aerospace | Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: William D. Fletcher, Jr. and Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
for defendant: Margaret M. DiBianca, Smith Katzenstein Jenkins LLP, Wilmington, DE for defendant.
Case Number: D68392
FMLA retaliation claim was not dismissed where plaintiff employee pled a plausible claim of fraudulent inducement with respect to a general release plaintiff executed in favor of defendant employer and where it was unsettled whether FMLA claims could be subject to a general release.
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: 2018-12-12
Practice Area: Labor Law
Industry: Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.
Case Number: D68384
The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.
Publication Date: 2018-11-28
Practice Area: Administrative Law | Labor Law
Industry: Recruitment and Staffing | State and Local Government
Court: Delaware Superior Court
Judge: Judge Clark
Attorneys: For plaintiff: Walt F. Schmittinger of Schmittinger and Rodriquez, Dover, DE for claimant
for defendant: John J. Klusman, Jr. of Tybout, Redfearn and Pell, Wilmington, DE for the state.
Case Number: D68370
An employee was acting within the scope of his employment when he responded to the employer's instruction to return to work, so he was entitled to recovery under the Worker's Compensation Act for injuries sustained in an automobile accident.
Publication Date: 2018-11-14
Practice Area: Civil Rights | 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: Justin K. Victor of Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.
Case Number: D68350
Hostile work environment claim dismissed where plaintiff failed to establish how two alleged incidents were connected to her gender or race, where those incidents were not severe or pervasive, and where employer provided plaintiff with means to report such incidents and took remedial action in response to plaintiff's reports.
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2018-11-07
Practice Area: Labor Law
Industry: Entertainment and Leisure | Retail
Court: Court of Chancery
Judge: Vice Chancellor Montgomery-Reeves
Attorneys: For plaintiff: Kevin M. Coen, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Sean M. Berkowitz, Matthew W. Walch, Reuben J. Stob, Latham & Watkins LLP, Chicago, IL, attorneys for plaintiff
for defendant: Henry E. Gallagher, Timothy M. Holly, Mary I. Akhimien, Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE; Patrick J. Barrett, Rhianna A. Kittrell, Fraser Stryker PC LLO, Omaha, NE, attorneys for defendants.
Case Number: D68343
Non-compete provision unenforceable against employees under applicable Nebraska law where state's public policy precluded employers' restriction on employees' post-employment use of general skill, but confidentiality and non-solicitation agreements enforceable to protect employer from improper and unfair competition.
Publication Date: 2018-10-31
Practice Area: Labor Law
Industry: Construction | Health Care
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: H. Garrett Baker, Elzufon Austin & Mondell, P.A., Wilmington, DE, attorney for appellant
for defendant: Donald E. Marston and James R. Donovan, Doroshow Pasquale Krawitz & Bhaya, Bear, DE, attorneys for appellee.
Case Number: D68334
Industrial Accident Board's decision ordering employer to reimburse injured employee for full cost of medical marijuana supported by credible evidence where board credited employee's testimony that high initial consumption was due to experimentation to find correct dosage and active ingredients.
Publication Date: 2018-10-31
Practice Area: Employment Compliance | Labor Law
Industry: Distribution and Wholesale | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Matthew R. Epstein, U.S. Dep't of Labor, Office of the Solicitor, Philadelphia, PA, attorneys for plaintiff
for defendant: Frank E. Noyes, II Offit Kurman P.A., Wilmington, DE, and Wendel V. Hall, Hall Law Office, PLLC, Washington, DC, attorneys for defendants.
Case Number: D68337
Plaintiff alleged sufficient facts regarding overtime and recordkeeping violations under the Fair Labor Standards Act, so the court denied defendants' motion to dismiss.
Publication Date: 2018-10-10
Practice Area: Business Torts | Labor Law
Industry: Insurance
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre, and Janine L. Faben, attorneys for plaintiff
for defendant: Herbert W. Mondros, Krista Reale Samis, Christopher A. Tinari and Michael R. Miller, attorneys for defendants.
Case Number: D68311
Former employee breached employment agreement by leaving plaintiff to work for competitor to service clients in employee's book of business, in which plaintiff had invested sums to ensure employee's ability to service, thereby granting plaintiff an interest in said book of business.
Publication Date: 2018-10-03
Practice Area: Evidence | Government | Labor Law
Industry: State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Tomeka M. Daniels, Wilmington, DE, pro se plaintiff
for defendant: Joseph Clement Handlon, Deputy Attorney General, and Lauren E. Maguire, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.
Case Number: D680304
Race discrimination and hostile work environment claims failed where plaintiff failed to present evidence that adverse employment actions and hostile environment were motivated by plaintiff's race.
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