• Lewis v. Delaware Dep't of Transp.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Anthony N. Delcollo, Christopher J. Isaac, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: Allison J. McCowan, Deputy Attorney General, Department of Justice, Wilmington, DE for appellee.

    Case Number: D69924

    Terminated employee was not denied opportunity to contest prior disciplinary infractions, where those infractions were resolved by memoranda of understanding in which employee agreed not to contest those infractions or his discipline.

  • Hull v. The Bd. of Educ. of Brandywine Sch. Dist.

    Publication Date: 2022-08-16
    Practice Area: Labor Law
    Industry: Education
    Court: Delaware Superior Court
    Judge: Judge Carpenter
    Attorneys: For plaintiff: Anthony N. Delcollo, Offit Kurman, P.A., Wilmington, DE for appellant.
    for defendant: James H. McMackin, III, Morris James LLP, Wilmington, DE for appellee.

    Case Number: D69923

    James Hull appealed from the Brandywine School District's board of education decision to terminate Hull's employment as the driver's education teacher at Concord High School. Hull had worked as a driver's ed teacher at Concord High School for approximately 20 years.

  • Lamplugh v. PFB Energy

    Publication Date: 2022-08-09
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: George Lamplugh, Glen Mills, PA, pro se plaintiff;
    for defendant: Peter L. Frattarelli, Kevin F. Shaw, Archer & Greiner, P.C., Wilmington, DE, attorneys for defendants.

    Case Number: D69915

    Former supervisor did not commit defamation where they provided HR for plaintiff's prospective employer with arbitration decision related to plaintiff's termination from prior employment, particularly where the supervisor had gone to work for the prospective employer and had common interest.

  • Gary v. Deluxe Corp.

    Publication Date: 2022-08-09
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Constance Gary, New Castle, DE, pro se plaintiff.
    for defendant: Alessandra Glorioso, Jillian Kornblatt, Trevor Brown, Dorsey & Whitney (Delaware) LLP for defendant.

    Case Number: D69917

    Employee's defamation claim allowed to proceed where employee alleged that rumors were being spread around the workplace by one or more co-workers, which was sufficient allegation to state a claim of vicarious liability against the employer.

  • McGlothlin v. Petrunich Oral & Maxillofacial Surgery

    Publication Date: 2022-08-02
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Michele D. Allen, Emily A. Biffen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.

    Case Number: D69908

    Pregnancy discrimination and wrongful termination claims were not dismissed where the lack of a disciplinary record could permit an inference of a nexus between employee's pregnancy and maternity leave and employer's decision to terminate.

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  • Zenon v. Dover Downs, Inc.

    Publication Date: 2022-07-26
    Practice Area: Labor Law
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69899

    Court granted motion to compel arbitration where claimant's challenges to the conscionability of an arbitration agreement had to be resolved by an arbitration pursuant to the agreement's delegation clause, where claimant was not contesting the enforceability of the delegation clause.

  • Swiderski v. Frabizzio

    Publication Date: 2022-07-26
    Practice Area: Labor Law
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Alice T. Swiderski, Newark, DE, pro se plaintiff.
    for defendant: Samuel J. Frabizzio, Wilmington, DE for defendant.

    Case Number: D69898

    Service on law office was not proper where process server left papers with office secretary, without identifying himself or the nature of the papers, and the secretary was not authorized to accept service of process.

  • Quaile v. Nat'l Tire & Battery

    Publication Date: 2022-07-19
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Adam F. Wasserman, Ciconte Wasserman & Scerba, LLC, Wilmington, DE for plaintiff.
    for defendant: Keri L. Morris-Johnston, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for defendant.

    Case Number: D69891

    Injured worker was entitled to recover outstanding medical expenses not covered by private health insurance after employer wrongfully denied compensable injury.

  • Mock v. Div. of State Police

    Publication Date: 2022-06-14
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Stephani J. Ballard, Law Offices of Stephani J. Ballard, LLC, Wilmington, DE for plaintiff.
    for defendant: Joseph C. Handlon, State of Delaware Department of Justice, Wilmington, DE for defendant.

    Case Number: D69847

    Chancery court lacked jurisdiction to hear police officer's challenge to the termination of his employment for disciplinary violations, where police officers lacked a statutory right to judicial review of such agency action, and any equitable relief sought by the officer could be obtained at law through a writ of mandamus.

  • Russell-Fowler v. GT Wilmington USA

    Publication Date: 2022-06-07
    Practice Area: Labor Law
    Industry: Cargo and Shipping | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Sackena Russell-Fowler, Wilmington, DE, pro se appellant.
    for defendant: Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, Delaware for appellees.

    Case Number: D69844

    Court reversed and remanded denial of unemployment benefits where division of unemployment insurance identified discrepancies in Pandemic Unemployment Assistance recipient's earnings, potentially rendering the board's decision in error as it was based on the incorrect standards.