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  • State v. Gates

    Publication Date: 2019-07-17
    Practice Area: Administrative Law | Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: John J. Klusman and Kenneth L. Wan, Tybout Redfearn & Pell, Wilmington, DE for the state.
    for defendant: Walt F. Schmittinger and Candace E. Holmes, Schmittinger and Rodriguez, P.A., Dover, DE for claimant.
    Case Number: D68636

    The Industrial Accident Board applied the correct legal standard in determining that a claimant was within the course and scope of his employment at the time he was injured in a motor vehicle accident, and the board's decision was supported by sub-stantial evidence.

  • Lampkins v. Mitra QSR KNE, LLC

    Publication Date: 2019-06-26
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Patrick C. Gallagher and Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.Patrick C. Gallagher and Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Richard A. Barkasy, Daniel M. Pereira, Jo Bennett and Samantha Banks, Schnader, Harrison, Segal & Lewis LLP, Wilming-ton, DE and Philadelphia, PA for defendant.
    Case Number: D68609

    In this employment discrimination case, plaintiff failed to establish the existence of a hostile work environment, so the court held defendant was entitled to judgment as a matter of law.

  • Forestieri v. Wendover, Inc.

    Publication Date: 2019-05-15
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE; Neelima Vanguri and Sidney L. Gold, Sidney L. Gold & Asso-ciates, P.C., Philadelphia, PA for plaintiff.
    for defendant: Kevin A. Guerke, Baird Mandalas Brockstedt, LLC, Wilmington, DE for defendant.
    Case Number: D68561

    Employee failed to allege sufficient facts that she was discriminated against due to her age or disability, but the complaint adequately stated a claim for retaliation.

  • Issa v. Delaware State Univ.

    Publication Date: 2019-05-08
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Benjamin J. Schladweiler and Giancarlo Scaccia, Greenberg Traurig, LLP, Wilmington, DE and New York, NY; Garrett B. Moritz and Anne M. Steadman, Ross Aronstam & Moritz LLP, Wilmington, DE for plaintiff.
    for defendant: James D. Taylor and Randall S. MacTough, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.
    Case Number: D68554

    The court rejected a former university employee's disability, defamation and due process claims.

  • Lyons Ins. Agency, Inc. v. Kirtley

    Publication Date: 2019-04-10
    Practice Area: Business Torts | Employment Litigation
    Industry: Insurance
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre and Janine L. Faben, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Oderah C. Nwaeze and Mackenzie M. Wrobel, Duane Morris LLP, Wilmington, DE for defendants.
    Case Number: D68521

    Issues of fact precluded the parties' motions for dismissal and judgment on the pleadings in this employment litigation.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Talley v. Christiana Care Health Sys.

    Publication Date: 2019-03-06
    Practice Area: Business Torts | Employment Litigation
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Burke
    Attorneys: For plaintiff: Michele D. Allen and Catilyn E. Quinn, Allen and Assoc., Hockessin, DE for plaintiff.
    for defendant: Joanna J. Cline, James H.S. Levine, Barbara T. Sicalides, Barak A. Bassman and Megan Morley of Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for defendants.
    Case Number: D68453

    Plaintiff 's tortious interference claims against two individual defendants were precluded by the bootstrapping doctrine.

  • Toedtman v. Turnpoint Med. Devices, Inc.

    Publication Date: 2019-02-06
    Practice Area: Contracts | Employment Litigation
    Industry: Consulting | Health Care
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Theodore A. Kittila and James G. McMillan, III, Halloran Farkas & Kittila, LLP, Wilmington, DE for plain-tiff.
    for defendant: Sharon Oras Morgan and Courtney A. Emerson Fox Rothschild LLP, Wilmington, DE for defendant.
    Case Number: D68452

    Plaintiff established the right to recover severance pay under the parties' employment agreement and based on promissory estoppel.

  • Tolliver v. Highmark BCBSD, Inc.

    Publication Date: 2019-01-23
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: N/A
    for defendant: Geoffrey Graham, Grivner, Buchnan Ingersoll & Rooney P.C., Wilmington, DE for defendant.
    Case Number: D68437

    Where plaintiff amended her complaint to include federal claims, defendant had 30 days from the amendment to seek removal to federal court, and defendant's prior motion to dismiss did not constitute waiver.

  • Lampkins v. Mitra QSR, LLC

    Publication Date: 2018-12-12
    Practice Area: Employment Litigation | Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Patrick C. Gallagher and Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Richard A. Barkasy and Daniel M. Pereira, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE; Jo Bennett and Samantha Banks of Schnader, Harrison, Segal & Lewis LLP, Philadelphia, PA for defend-ants.
    Case Number: D68389

    Genuine issues of material fact existed as to a former employee's claims involving constructive discharge and a hostile working environment, but she was not entitled to recovery under the Fair Labor Standards Act.

  • BRP Hold Ox, LLC v. Chilian

    Publication Date: 2018-11-14
    Practice Area: Employment Litigation
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: Scott T. Earle of Zarwin Baum DeVito Kaplan Schaer Toddy P.C., Wilmington, DE for plaintiffs
    for defendant: Christopher Viceconte of Gibbons P.C., Wilmington, DE formerly for defendant.
    Case Number: D68353

    A defendant failed to sufficiently allege counterclaims for tortious interference, malicious prosecution, abuse of process, or declaratory relief.