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  • White v. Unemployment Ins. Appeal Bd.

    Publication Date: 2024-05-20
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston,
    Attorneys: For plaintiff: Jalisa White, pro se appellant.
    for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
    Case Number: N23A-08-004 PAW

    Unemployment Insurance Appeal Board did not abuse discretion in declining to hear untimely appeal of benefits determination where claimant was not precluded from filing a timely appeal.

  • Katz v. Beebe Healthcare

    Publication Date: 2024-05-13
    Practice Area: Labor Law
    Industry: Health Care | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Bryson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-625-WCB

    Court imposed financial sanctions on plaintiff's former counsel due to counsel's failure to provide discovery despite repeated assurances of production.

  • Amazon.com, Svcs., LLC v. Rook

    Publication Date: 2024-05-06
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Miller
    Attorneys: For plaintiff: Kristopher T. Starr, Marshall Dennehy, P.C., Wilmington, DE for appellant.
    for defendant: Sean P. Gambogi, Kimmel, Carter, Roman, Peltz & O’Neill, Newark, DE for appellee.
    Case Number: N23A-04-003 KMM

    Treatment falling outside Health Care Practice Guidelines could still be reasonable and necessary and thus compensable under workers' compensation, such that the Industrial Accident Board was not obligated to take judicial notice of the Guidelines where some of a claimant's treatment fell outside them.

  • Stanford v. Chimes of Delaware

    Publication Date: 2024-05-06
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Trina M. Stanford, Wilmington, DE, pro se plaintiff.
    for defendant:
    Case Number: 23-663-RGA

    Court sua sponte dismissed employment discrimination claims due to insufficient allegations regarding employment status and exhaustion of administrative remedies.

  • Traub v. Stardust389, Inc.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
    for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.
    Case Number: 22-1582-SRF

    Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Fasano v. Delaware

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
    for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.
    Case Number: 22-1329-SRF

    Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.

  • Irfan v. Unemployment Ins. Appeal Bd.

    Publication Date: 2024-04-08
    Practice Area: Labor Law
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Muhammad Irfan, Middleton, DE, pro se appellant
    for defendant: Matthew B. Frawley, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: N23A-05-009 MMJ

    Claimant was ineligible for unemployment benefits where he was the sole owner of a business and his main priority was to secure new clients for the company.

  • Preister v. Tesla BioHealing, Inc.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, Dover, DE for plaintiff.
    for defendant: David B. Anthony, Zachary J. Schnapp, Berger McDermott LLP, Wilmington, DE for defendant.
    Case Number: 23-00575-CFC

    Claims were time-barred under applicable one-year limitations period to the extent they sought to recover unpaid wages, although promissory estoppel claim seeking reimbursement of relocation costs was timely under the general three-year limitations period.

  • Hagans v. The Bd. of Educ. of Red Clay Consol. Sch. Dist.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Raeann Warner, Collins Price & Warner, Wilmington, DE for plaintiff.
    for defendant: Michael P. Stafford, Elise K. Wolpert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: 22-1452-RGA

    Evidentiary record could support an inference that race played a role in defendant employer's failure to promote plaintiff sufficient to submit plaintiff's racial discrimination claim to the jury, as the promoted individual lacked the minimum qualifications and the reasons for not promoting plaintiff were plausibly inconsistent with his performance evaluations.

  • Trincia v. Dick's Sporting Goods

    Publication Date: 2024-03-26
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Emily Laursen Raisis, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
    for defendant: Maria Paris Newill, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: N23A-03-006 MMJ

    Industrial Accident Board did not err in denying claimant's motion to strike portions of employer's expert's testimony based on newly obtained medical records where claimant knew about her prior medical records and thus employer was not at fault for the fact that claimant's expert did not possess those records to offer testimony.