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  • Schweitzer v. LCR Capital Partners, LLC

    Publication Date: 2020-03-25
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Adams
    Attorneys: For plaintiff: Sean A. Meluney and Matthew D. Beebe, Benesch Friedlander Coplan & Aronoff, LLP, Wilmington, DE; Scott R. Matthews, Windels Marx Lane & Mittendorf, LLP, New York, NY for plaintiff.
    for defendant: James M. Yoch, Jr. and Michael A. Laukaitis II, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Lindsay Neinast, Littler Mendelson PC, Washington, DC for defendant.
    Case Number: D68925

    The court lacked personal jurisdiction over a non-resident company manager, and it granted motions to dismiss as to indemni-fication and defamation claims. However, plaintiff adequately stated a wage claim.

  • Navarro v. Wal-Mart Assoc., Inc.

    Publication Date: 2020-03-04
    Practice Area: Employment Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Nelson Navarro, Smyrna, DE, pro se plaintiff.
    for defendant: Lindsay Neinast, Littler Mendelson, P.C., Washington, DC for defendants.
    Case Number: D68898

    Plaintiff's administrative complaint regarding race discrimination did not encompass claims for retaliation or a hostile work environment.

  • Lyons Ins. Agency, Inc. v. Wark

    Publication Date: 2020-02-12
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: James S. Green, Sr. and Jared T. Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE for plaintiff.
    for defendant: John A. Sensing and Jesse L. Noa, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
    Case Number: D68874

    The parties' non-compete agreement was presumptively valid, but the liquidated damages provision was unenforceable under the facts of this case as a matter of public policy. Because the former employee did not solicit business from the clients of her for-mer employer, the liquidated damages provision amounted to a penalty.

  • James v. A.C. Moore Arts & Crafts, Inc.

    Publication Date: 2020-02-05
    Practice Area: Employment Litigation
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Sharon M. James, pro se plaintiff.
    for defendant: Jennifer Gimler Brady and Jennifer Penberthy Buckley, Potter Anderson & Corroon, LLP, Wilmington, DE for defendants.
    Case Number: D68865

    A judge's former representation of the law firm representing defendants was not by itself a basis for recusal.

  • Molchan v. Delmar Fire Dep't, Inc.

    Publication Date: 2020-02-05
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff.
    for defendant: Michele D. Allen, Allen & Assoc., Hockessin, DE; Robin R. Cockey and Ashley A. Bosché, Cockey, Brennan & Maloney, P.C., Salisbury, MD for defendants.
    Case Number: D68867

    A former employee did not allege sufficient facts to show a hostile work environment, nor did she make a causal connection between her protected activity and the adverse employment action against her.

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  • Mayhan v. Sunoco, Inc.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Deborah J. Mayhan, New Castle, DE, pro se plaintiff.
    for defendant: Barry M. Klayman, Abigail M. Green and Daniel V. Johns, Cozen & O’Connor for defendant.
    Case Number: D68859

    Plaintiff signed an arbitration agreement at the commencement of her employment and the parties' dispute fell within the scope of that agreement.

  • Sullivan v. Hanover Foods Corp.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
    for defendant: Barry M. Willoughby, Timothy Jay Houseal, Curtis J. Crowther, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D68861

    Employer was entitled to summary judgment on employee's discrimination and disparate treatment claims based on race and sex, as well her hostile environment claim based on sex.

  • Kenny v. Univ. of Delaware

    Publication Date: 2019-11-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Counsel: David H. Williams, James H. McMackin, III and Allyson Britton DiRocco, Morris James, LLP, Wilmington, DE for plaintiff.
    for defendant: James D. Taylor, Jr. and Christina D. Riggs, Saul Ewing Arnstein & Lehr, LLP, Wilmington, DE and Philadelphia, PA for defendants.
    Case Number: D68785

    In this employment discrimination case, plaintiffs failed to show that defendants' reasons for terminating their employment were pretextual. Summary judgment granted in favor of defendants.

  • 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.

  • Gray v. Kirkwood Dental Assoc., P.A.

    Publication Date: 2019-10-02
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michelle D. Allen and Caitlyn E. Quinn, Allen & Assoc., Wilmington, DE for plaintiff.
    for defendant: Kristen S. Swift and Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for defendant.
    Case Number: D68722

    The court granted an employer's motion for summary judgment on two claims by a former employee, but it denied summary judgment on a federal discrimination claim because the employee provided sufficient circumstantial evidence that the employer terminated her for discriminatory reasons due to her age.