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  • Patton v. Quality Enter. LLC

    Publication Date: 2024-01-01
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Anthony N. Delcollo, Michael K. DeSantis, Apla V. Batia, Offit Kurman, P.A., Wilmington, DE for defendant.
    Case Number: N23C-08-316 EMD

    Court declined to dismiss disability discrimination claim where diabetes might qualify as a disability as defined by the ADA and employer was on notice of worker's need for accommodations for his diabetes.

  • Elzufon, Austin, Tarlov & Mondell, P.A., v. Lewis

    Publication Date: 2023-12-18
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
    Case Number: 47, 2023

    Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.

  • Weller v. Morris James LLP

    Publication Date: 2023-12-11
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: William W. Weller, Middletown, DE, appellant pro se.
    for defendant: Jennifer C. Jauffret, Richards, Layton & Finger, P.A., Wilmington, DE; Victoria W. Counihan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellees.
    Case Number: N23A-03-007 FWW

    Unemployment benefits claim was properly denied where worker received one year's worth of wages as a final payment upon separation from employment, meaning that the worker was not economically insecure and in need of unemployment compensation.

  • Cent. States, Se. & Sw. Areas Pension Fund v. Laguna Dairy

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: Agriculture | Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Hughes
    Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
    for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.
    Case Number: 22-1135-TMH

    Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.

  • Faucett v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Raykia Faucett, pro se appellant.
    for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
    Case Number: N23A-06-010 PAW

    Unemployment Insurance Appeal Board did not abuse its discretion in declining appeal and finding appeal from disqualification decision untimely where there was no evidence to rebut the presumption of receipt of the decision letter.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Sousa v. Amazon.com, Inc.

    Publication Date: 2023-11-27
    Practice Area: Labor Law
    Industry: E-Commerce | Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3043

    Discrimination and hostile work environment claims failed where plaintiff failed to plead sufficient facts supporting an inference that purportedly adverse employment actions were had a discriminatory or retaliatory motivation or that offensive behavior from a supervisor was severe or pervasive.

  • Stouffer v. Union R.R. Co.

    Publication Date: 2023-11-13
    Practice Area: Labor Law
    Industry: Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fuentes
    Attorneys: For plaintiff: Mark A. Grace, Cohen & Grace, Pittsburgh, PA; Sammy Y. Sugiura, Mooney Green Saindon Murphy & Welch, Washington, DC for appellant.
    for defendant: Courtney C. Brennan, Thomas M. Pohl, Mary-Jo Rebelo, Burns White, Pittsburgh, PA for appellees.
    Case Number: 22-1680

    District court correctly dismissed disparate impact age discrimination claim where complaint contained no specific factual allegations to demonstrate that company policies had a statistically significant impact on older workers.

  • Strobert Tree Serv., Inc. v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-11-13
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Victoria K. Petrone, Brian v. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Wilmington, DE for appellant.
    for defendant: Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee Unemployment Ins. Appeal Bd; George Shaw, appellee pro se.
    Case Number: S23A-05-001 RHR

    Unemployment Insurance Appeal Board correctly upheld referee's decision overturning denial of unemployment benefits claim where employer only presented hearsay evidence to prove that employee was terminated for willful or wanton misconduct and UIAB could not base a decision solely on hearsay.

  • Cargill, Inc. v. Rossi

    Publication Date: 2023-10-30
    Practice Area: Labor Law
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A, Wilmington, DE for plaintiff.
    for defendant: John A. Sensing, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
    Case Number: N23C-03-047 SKR CCLD

    Court lacked personal jurisdiction over former employee in non-compete breach action where forum selection clause was expressly limited to jurisdiction in the chancery court, rather than any state or federal court sitting in and for Delaware.

  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2023-10-30
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: K23A-01-001 NEP

    Although worker contracted COVID-19 in an area of the workplace where the risk of transmission was greater than the general risk attending employment, that increased risk was not linked to any peculiar or specific aspect of the worker's job and thus his COVID-19 did not qualify as an occupational disease.