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  • FP UC Holdings, LLC v. Hamilton

    Publication Date: 2020-04-15
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Gregory B. Williams and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Jeffrey J. Bushofsky and Timothy R. Farrell, Ropes & Gray LLP, Chicago, IL for plaintiffs.
    for defendant: Travis S. Hunter and Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Grant A. Wright and Max D. Wright, Wright Law, P.C., Tuscumbia, AL for defendants.
    Case Number: D68945

    The court denied plaintiffs' request for a preliminary injunction that would have shut down defendants' competing business, because plaintiffs failed to establish that they were likely to succeed on the merits.

  • Schweitzer v. LCR Capital Partners, LLC

    Publication Date: 2020-03-25
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Sean A. Meluney and Matthew D. Beebe, Benesch Friedlander Coplan & Aronoff, LLP, Wilmington, DE; Scott R. Matthews, Windels Marx Lane & Mittendorf, LLP, New York, NY for plaintiff.
    for defendant: James M. Yoch, Jr. and Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Lindsay Neinast, Littler Mendelson PC, Washington, DC for defendant.
    Case Number: D68925

    The court lacked personal jurisdiction over a non-resident company manager, and it granted motions to dismiss as to indemni-fication and defamation claims. However, plaintiff adequately stated a wage claim.

  • Navarro v. Wal-Mart Assoc., Inc.

    Publication Date: 2020-03-04
    Practice Area: Employment Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Nelson Navarro, Smyrna, DE, pro se plaintiff.
    for defendant: Lindsay Neinast, Littler Mendelson, P.C., Washington, DC for defendants.
    Case Number: D68898

    Plaintiff's administrative complaint regarding race discrimination did not encompass claims for retaliation or a hostile work environment.

  • Lyons Ins. Agency, Inc. v. Wark

    Publication Date: 2020-02-12
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: James S. Green, Sr. and Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
    for defendant: John A. Sensing and Jesse L. Noa, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
    Case Number: D68874

    The parties' non-compete agreement was presumptively valid, but the liquidated damages provision was unenforceable under the facts of this case as a matter of public policy. Because the former employee did not solicit business from the clients of her for-mer employer, the liquidated damages provision amounted to a penalty.

  • Mayhan v. Sunoco, Inc.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Deborah J. Mayhan, New Castle, DE, pro se plaintiff.
    for defendant: Barry M. Klayman, Abigail M. Green and Daniel V. Johns, Cozen & O’Connor for defendant.
    Case Number: D68859

    Plaintiff signed an arbitration agreement at the commencement of her employment and the parties' dispute fell within the scope of that agreement.

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  • Sullivan v. Hanover Foods Corp.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
    for defendant: Barry M. Willoughby, Timothy Jay Houseal, Curtis J. Crowther, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D68861

    Employer was entitled to summary judgment on employee's discrimination and disparate treatment claims based on race and sex, as well her hostile environment claim based on sex.

  • Lampkins v. Mitra QSR KNE, LLC

    Publication Date: 2019-06-26
    Practice Area: Employment Litigation
    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.Patrick C. Gallagher and Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Richard A. Barkasy, Daniel M. Pereira, Jo Bennett and Samantha Banks, Schnader, Harrison, Segal & Lewis LLP, Wilming-ton, DE and Philadelphia, PA for defendant.
    Case Number: D68609

    In this employment discrimination case, plaintiff failed to establish the existence of a hostile work environment, so the court held defendant was entitled to judgment as a matter of law.

  • Lyons Ins. Agency, Inc. v. Kirtley

    Publication Date: 2019-04-10
    Practice Area: Business Torts | Employment Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre and Janine L. Faben, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Oderah C. Nwaeze and Mackenzie M. Wrobel, Duane Morris LLP, Wilmington, DE for defendants.
    Case Number: D68521

    Issues of fact precluded the parties' motions for dismissal and judgment on the pleadings in this employment litigation.

  • Tolliver v. Highmark BCBSD, Inc.

    Publication Date: 2019-01-23
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: N/A
    for defendant: Geoffrey Graham, Grivner, Buchnan Ingersoll & Rooney P.C., Wilmington, DE for defendant.
    Case Number: D68437

    Where plaintiff amended her complaint to include federal claims, defendant had 30 days from the amendment to seek removal to federal court, and defendant's prior motion to dismiss did not constitute waiver.

  • Lampkins v. Mitra QSR, LLC

    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.