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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."
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.
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.
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.
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.
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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.
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.
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.
Publication Date: 2024-02-26
Practice Area: Labor Law
Industry: Financial Services and Banking | Legal Services
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys: For plaintiff: Peter J. Walsh, Jr., Michael A. Pittenger, Hayden J. Driscoll, Potter Anderson & Corroon LLP, Wilmington, DE; Michael A. Barlow, Quinn Emanuel Urquhart & Sullivan, LLP, Wilmington, DE for plaintiff.
for defendant: Samuel D. Cordle, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for defendant.
Case Number: 2022-1179-KSJM
Court sustained objection to request for advancement of two categories of fees where plaintiff failed to seek advancement of those fees in her original complaint and could not raise them in a subsequent motion for payment.
Publication Date: 2024-02-19
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for appellant.
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
Case Number: N23A-04-004 CEB
Volunteer work performed on behalf of employer did not fall within course and scope of employment where employer derived no substantial benefit as employees were not required to volunteer nor promote employer during their volunteer work.
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