• Pasquale v. KBR, Inc.

    Publication Date: 2024-01-29
    Practice Area: Labor Law
    Industry: Construction | Energy | Recruitment and Staffing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for plaintiff.
    for defendant: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Cecily L. Kaffer, The Kullman Firm, Mobile, AL; Setara C. Ozan, The Kullman Firm, Birmingham, AL for defendants.

    Case Number: 22-1224 (MN)

    Age discrimination/failure-to-hire claim failed under a theory of cat's paw liability where employer relied on more information than the feedback of a potentially biased supervisor to determine that plaintiff lacked the necessary skills and recent work experience.

  • Evolve Growth Initiatives, LLC v. Equilibrium Health Solutions LLC

    Publication Date: 2023-08-07
    Practice Area: Mergers and Acquisitions
    Industry: Health Care | Investments and Investment Advisory | Recruitment and Staffing
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Kenneth J. Nachbar, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Andrew Z. Schwartz, Euripides Dalmanieras, Christian A. Garcia, Foley Hoag LLP, Boston, MA for plaintiffs.
    for defendant: Rudolf Koch, Travis S. Hunter, and Sara M. Metzler, Richards, Layton & Finger, P.A., Wilmington, DE; Motty Shulman, Centricity Law PLLC, New York, NY; Robin A. Henry, Fried, Frank, Harris, Shriver & Jacobson LLP, New York, NY for defendants.

    Case Number: 2022-1113-SG

    Although arbitral panel did not expressly address claims against one defendant in its award imposing joint and several liability against all defendants, that oversight did not rise to the level of significant error necessary to overturn an arbitration award where those theories of liability against the defendant were pled by claimants and thus before the panel for its consideration.

  • Acree v. Bayhealth Med. Ctr., Inc.

    Publication Date: 2023-04-25
    Practice Area: Medical Malpractice
    Industry: Health Care | Recruitment and Staffing
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm LLC, Dover, DE for plaintiff.
    for defendant: James E. Drnec, Phillip M. Casale, Wharton Levin Ehrmantraut & Klein, Wilmington, DE; John A. Elzufon, Matthew Donelson, Elzufon, Ausstin & Mondell, P.A., Wilmington, DE; Maria R. Granaudo Gesty, Burns White LLC, Wilmington, DE for defendants.

    Case Number: K21C-02-029-JJC

    Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.

  • Power Integrations, Inc. v. Silanna Semiconductor N. Am., Inc.

    Publication Date: 2020-08-05
    Practice Area: Business Torts
    Industry: Electronics | Recruitment and Staffing
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: John W. Shaw, Karen E. Keller and David M. Fry, Shaw Keller LLP, Wilmington, DE; David J. Miclean and Limin Zheng, Miclean Gleason LLP, San Mateo, CA for plaintiff.
    for defendant: Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Micha Danzig and Paul M. Huston, Mintz Levin Cohn Ferris Glovsky & Popeo P.C., San Diego, CA for defendant.

    Case Number: D69059

    Plaintiff failed to state a claim for misappropriation of trade secrets, but the complaint adequately alleged claims for interference with contractual relations and with prospective economic advantage.

  • Power Integrations, Inc. v. Silanna Semiconductor N. Am., Inc.

    Publication Date: 2020-07-22
    Practice Area: Business Torts
    Industry: Electronics | Recruitment and Staffing
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: John W. Shaw, Karen E. Keller and David M. Fry, Shaw Keller LLP, Wilmington, DE; David J. Miclean and Limin Zheng, Miclean Gleason LLP, San Mateo, CA for plaintiff.
    for defendant: Philip A. Rovner and Jonathan A. Choa, Potter Anderson & Corroon LLP, Wilmington, DE; Micha Danzig and Paul M. Huston, Mintz Levin Cohn Ferris Glovsky & Popeo P.C., San Diego, CA for defendant.

    Case Number: D69059

    Plaintiff failed to state a claim for misappropriation of trade secrets, but the complaint adequately alleged claims for interference with contractual relations and with prospective economic advantage.

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  • In re: FBI Wind Down, Inc.

    Publication Date: 2020-05-06
    Practice Area: Bankruptcy
    Industry: Consumer Products | Recruitment and Staffing
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Michael B. Schaedle, Victoria Guilfoyle, and Brian J. Hall, Blank Rome LLP, Wilmington, DE; Mark S. Indelicato and Jeffrey Zawadzki, Hahn & Hessen LLP, New York, NY for plaintiff.
    for defendant: Jennifer O. Johnson, Careers USA, Inc. General Counsel, Boca Raton, FL; Timothy J. Weiler, Wilmington, DE for defendants.

    Case Number: D68968

    Summary judgment on avoidance actions denied to the extent there remained factual disputes as to whether the transfers qualified as preferential or constructively fraudulent, in particularly whether certain transfers were made on account of an antecedent debt.

  • Saez v. Nephrology Assoc., P.A.

    Publication Date: 2019-10-30
    Practice Area: Employment Litigation
    Industry: Health Care | Recruitment and Staffing
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr, Wilmington, DE for plaintiff.
    for defendant: Alan D. Albert, O’Hagan Meyer PLLC, Wilmington, DE for defendant.

    Case Number: D68757

    An employer had the right to direct, control and supervise a doctor's work under the terms of an employment agreement.

  • State of Delaware v. Gates

    Publication Date: 2018-11-28
    Practice Area: Administrative Law | Labor Law
    Industry: Recruitment and Staffing | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger of Schmittinger and Rodriquez, Dover, DE for claimant
    for defendant: John J. Klusman, Jr. of Tybout, Redfearn and Pell, Wilmington, DE for the state.

    Case Number: D68370

    An employee was acting within the scope of his employment when he responded to the employer's instruction to return to work, so he was entitled to recovery under the Worker's Compensation Act for injuries sustained in an automobile accident.

  • Nuvasive, Inc. v. Miles

    Publication Date: 2018-10-17
    Practice Area: Employment Litigation
    Industry: Recruitment and Staffing
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Philip Trainer, Jr., Aaron P. Sayers, Rachel B. Cowen, Michael J. Sheehan and Christopher W. Cardwell for plaintiff
    for defendant: Philip A. Rovner, Jonathan A. Choa, Kenneth M. Fitzgerald and Keith M. Cochran for defendant.

    Case Number: D68322

    The Delaware choice of law provision in the parties' employment contract was enforceable, and another state's prohibition on non-competition agreements did not apply.

  • Yates v. Delaware Psychiatric Center

    Publication Date: 2018-09-26
    Practice Area: Employment Litigation
    Industry: Health Care | Recruitment and Staffing
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Kenisha L. Ringgold for defendant.
    for defendant: N/A

    Case Number: D68301

    Plaintiff failed to state sufficient facts to support her claims for a hostile work environment, retaliation and discrimination.