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Publication Date: 2023-01-03
Practice Area: Labor Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
Case Number: N22M-02-006 EMD
Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.
Publication Date: 2022-12-27
Practice Area: Labor Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Michael J. Joyce, Joyce, LLC, Wilmington, DE; Rene S. Roupinian, Jack A. Raisner, Gail C. Lin, Raisner Roupinian LLP, New York, NY for appellants and cross-appellees.
for defendant: Bradford J. Sandler, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for cross-appellant and appellee.
Case Number: 20-10553 (CTG)
Court reversed in part Bankruptcy Court's decision holding that debtor employers were not required to provide notice under the Federal Worker Adjustment and Retraining Notification Act prior to laying off workers during the COVID-19 pandemic.
Publication Date: 2022-12-27
Practice Area: Labor Law
Industry: Construction
Court: Delaware Superior Court
Judge: Judge Jones
Attorneys: For plaintiff: Linda Wilson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellant.
for defendant: David Crumplar, Jacobs & Crumplar, Wilmington, DE for appellee.
Case Number: N22A-04-002- FJJ
Date of diagnosis of an occupational disease, rather than the date of last exposure to the cause of the disease, was the relevant date for determining a worker's average weekly wage and the controlling maximum weekly benefit.
Publication Date: 2022-12-27
Practice Area: Labor Law
Industry:
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Nicholas Bittner for appellant.
for defendant: David Crumplar for appellee.
Case Number: N22A-05-012 SKR
Industrial Accident Board had a sufficient evidentiary basis to award additional medical expenses upon crediting claimant's treating physician's testimony that was probative to show that epidural injections were causally related to claimant's work injury and necessary to provide him with functional relief.
Publication Date: 2022-11-15
Practice Area: Labor Law
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Rolin P. Bissell, Elena C. Norman, Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Mary Eaton, Thomas Walsh, Nicholas Caselli, Freshfields Bruckhaus Deringer US LLP, New York, NY; Jonathan Kortmansky, Melissa Ginsberg, Braunhagey & Borden LLP, New York, NY for plaintiffs.
for defendant: David A. Felice, Bailey & Glaser, LLP, Wilmington, DE; Kevin D. Galbraith, Taylor N. Perretti, The Galbraith Law Firm, New York, NY; Sean R. O’Brien, A.J. Monaco, O’Brien LLP, New York, NY; Yonaton Aronoff, Joseph Gallagher, Harris St. Laurent & Wechsler LLP, New York, NY for defendants.
Case Number: 2022-0357-MTZ
New corporate entity following SPAC transaction was not bound to employment agreements executed by prior corporate entity and thus new entity was not obligated to arbitrate employees' grievances.
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Publication Date: 2022-11-01
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Brian E. O'Neill, Elliott Greenleaf, P.C., Wilmington, DE for plaintiff.
for defendant: Jared Thomas Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE; Lindsay Neinast, Littler Mendelson, PC, Washington, D.C. for defendants.
Case Number: 21-1819-GBW
Breach of contract and promissory estoppel claims seeking retiree benefits were not preempted by ERISA where employee had allegedly negotiated for reinstatement of benefits as if there was no break in service upon resuming employment following termination, thereby creating an independent legal duty for employer.
Publication Date: 2022-10-25
Practice Area: Labor Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: Seth Rigrodsky, Herbert W. Mondros, Rigrodsky Law P.A., Wilmington, DE; Eyal Dror, Shelly L. Friedland, Ted E. Trief, Trief & Olk, New York, NY; Macy D. Hanson, The Law Office of Macy D. Hanson PLLC, Madison, MS; Peter S. Pearlman, Cohn, Lifland, Pearlman, Herrman, & Knopf LLP, Saddle Brook, NJ for plaintiffs.
for defendant: J. Cory Falgowski, H. Carlton Hilson, Kristin Bryance Metheny, Ronald W. Flowers, Burr & Forman LLP, Wilmington, DE for defendant.
Case Number: 1:18-cv-00470-SB
Court affirmed Fair Labor Standards Act settlement that provided significant legal fees where counsel recovered more than plaintiffs because the length and complexity of the litigation justified the legal fees.
Publication Date: 2022-10-25
Practice Area: Labor Law
Industry: State and Local Government
Court: Delaware Superior Court
Judge: Judge Karsnitz
Attorneys: For plaintiff: Eric G. Mooney, Eric G. Mooney, P.A., Georgetown, DE; Tasha Marie Stevens-Gueh, Andrew & Stevens-Gueh, LLC, Georgetown, DE for plaintiff.
for defendant: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Montchanin, DE for defendant.
Case Number: S20C-06-018 CAK
Promissory estoppel claim for denial of retirement benefits not dismissed where former employee sufficiently pled that prior versions of employer's personnel manual and employer's conduct created a promise that employee would be entitled to benefits despite subsequent amendments to eligibility requirements.
Publication Date: 2022-10-04
Practice Area: Labor Law
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Lynette M. Walley, New Castle, DE, pro se plaintiff.
for defendant: Jody Barillare, Ann Marie Effingham, Emily C. DeSmedt, Morgan Lewis & Bockius, LLP, Wilmington, DE for defendant.
Case Number: 21-1498-GBW
Americans with Disabilities Act discrimination and failure to accommodate claims dismissed where plaintiff failed to allege sufficient facts to support a prima facie case and had improperly pled ADA claims against persons in their individual capacity.
Publication Date: 2022-09-20
Practice Area: Labor Law
Industry: Education
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Matthew F. Boyer, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; R. Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC for plaintiff.
for defendant: James D. Taylor, Jr., Jessica M. Jones, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
Case Number: 21-1500-RGA
Plaintiff plausibly alleged sex discrimination from denial of tenure where she alleged that university granted tenure to two male applicants while imposing higher qualification standards upon plaintiff than were articulated in the faculty handbook.
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