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  • Sullivan v. Unemployment Ins. Appeal Bd.

    Publication Date: 2024-11-26
    Practice Area: Labor Law
    Industry: Federal Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Elizabeth Sullivan, appellant pro se;
    for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
    Case Number: N23A-09-004 PAW

    Court reversed and remanded Unemployment Insurance Appeal Board's denial of former employee's unemployment benefits claim where the employer failed to respond or appear in the action.

  • Doe v. New Castle County

    Publication Date: 2024-11-26
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-3190

    Hostile work environment claims failed where plaintiff failed to show employer knew or should have known about harassing conduct by employees and where the record demonstrated that employer offered an avenue for employees to report harassment.

  • Buck v. Viking Holding Mgmt. LLC

    Publication Date: 2024-10-29
    Practice Area: Labor Law
    Industry: Accounting | Advertising
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: John M. LaRosa, LaRosa & Associates LLC, Wilmington, DE for plaintiff.
    for defendant: Peter H. Kyle, John L. Reed, Daniel P. Klusman, DLA Piper US LLP, Wilmington, DE for defendant.
    Case Number: N20C-08-249 MAA CCLD

    Court rejected defendant's challenges to the court's factual findings where there was sufficient evidence to support plaintiff's allegations that a report justifying his termination was "manufactured."

  • Gray v. Allen Harim Foods, LLC

    Publication Date: 2024-08-20
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1172

    Former employee adequately pled constructive discharge claim by alleging that she was forced to accept transfer to a position that effectively constituted a demotion and train her replacement who was hired while she was on Family and Medical Leave Act leave, which constituted sufficiently intolerable working conditions that would cause a reasonable person to resign.

  • Fowler v. Perdue, Inc.

    Publication Date: 2024-07-09
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Supreme Court
    Judge: Justice Valihura
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger and Rodriguez, P.A., Dover, DE for appellant.
    for defendant: Andrea C. Panico, Megan E. Murray, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: 412, 2023

    COVID-19 was not an occupational disease where the risk of getting sick was not a peculiar risk of the worker's employment or work environment but rather was a general risk faced by all workers.

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    Lancaster County & Berks County Court Rules 2024

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  • Zimmerman v. Int'l Longshoreman's Ass'n Local 1694

    Publication Date: 2024-07-09
    Practice Area: Labor Law
    Industry: Cargo and Shipping
    Court: U.S. District Court of Delaware
    Judge: District Judge Groves
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CV-01192-JCG

    Court declined to dismiss breach of CBA and tort claims against employer where former employee adequately pled that employer did not believe employee intentionally stole from the company and subsequently took steps to frustrate employee's efforts to obtain new employment.

  • Vivint Solar, Inc. v. Lundberg

    Publication Date: 2024-06-11
    Practice Area: Labor Law
    Industry: Energy
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Michael C. Heyden, Jr., Gordon Rees Scully Manskuhani, LLP, Wilmington, DE; Peggy A. Tomsic, Bryant L. Watson, Magleby, Cataxinos & Greenwood, Salt Lake City, UT for plaintiff.
    for defendant: Timothy R. Dudderar, Potter Anderson & Corroon LLP, Wilmington, DE; Alan C. Bradshaw, Chad R. Derum, Mitch M. Longson, Manning Curtis Bradshaw & Bednar PLLC, Salt Lake City, UT for defendant.
    Case Number: 2020-0988-PAF

    Company breached equity incentive agreement by cancelling employee's award when they transferred to another company under common control with the employer and thus continued in service to the "company group."

  • Agyeman v. Epic-Africa Found

    Publication Date: 2024-06-03
    Practice Area: Labor Law
    Industry: Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: “J” Jackson Shrum, Jack Shrum, P.A., Wilmington, DE; Dayna C. Cooper, Cooper Legal Solutions, Towson, MD for plaintiff.
    for defendant: Tracey E. Timlin, Charles W. Fournier, Duane Morris LLP, Wilmington, DE for defendants.
    Case Number: N23C-04-192 MAA

    Court dismissed case due to failure to perfect timely service, lack of personal jurisdiction over one of the defendants, and venue being more proper in another jurisdiction.

  • Cephas v. Apple Green

    Publication Date: 2024-05-27
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Donald Wade Cephas, Newark, DE, pro se plaintiff.
    for defendant:
    Case Number: 23-1295-GBW

    Federal court lacked jurisdiction over wrongful termination claim where defendant was a private company and plaintiff failed to plausibly plead a claim under Title VII.

  • BuzzFeed Media Enter., Inc. v. Anderson

    Publication Date: 2024-05-27
    Practice Area: Labor Law
    Industry: E-Commerce | Entertainment and Leisure | 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, Christian Vandergeest, Freshfields Bruckhaus Deringer US LLP, New York, NY for plaintiff.
    for defendant: David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Kevin D. Galbraith, The Galbraith Law Firm, New York, NY; Sean R. O’Brien, A.J. Monaco, O’Brien LLP, New York, NY; Joseph Gallagher, Harris St. Laurent & Wechsler LLP, New York, NY for defendants.
    Case Number: 2023-0377-MTZ

    Employment agreements' statement of parties' agreement to arbitrate claims generally and reference to AAA created presumption of parties' intention to delegate questions of substantive arbitrability to the arbitrator.