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  • Johnson v. State

    Publication Date: 2021-01-27
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Matthew M. Bartkowski, Bifferato Gentilotti, LLC, Wilmington, DE for appellant.
    for defendant: John J. Klusman, Jr., Jocelyn N. Pugh, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: D69271

    Industrial Accident Board correctly reduced an employer's workers' compensation lien by the entire amount of third-party tort recovery where the lien balance exceeded the amount of recovery, requiring charging the full amount of reasonable legal fees and costs to the employer since it received the full amount of the tort recovery and the injured worker received nothing from the recovery.

  • Barrett Bus. Serv., Inc. v. Edge

    Publication Date: 2020-12-16
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Nicholas Bittner for appellant.
    for defendant: Timothy E. Lengkeek for defendant.
    Case Number: D69222

    The Industrial Accident Board was obligated to permit parties to submit new evidence directly addressing the issues identified in the appellate court's remand order.

  • Foraker v. Amazon.com, Inc.

    Publication Date: 2020-11-18
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: Delaware Superior Court
    Judge: Judge Rocanelli
    Attorneys: For plaintiff: Craig T. Eliassen, Schmittinger and Rodriguez, P.A. for appellant.
    for defendant: John J. Ellis, James T. Betts, Heckler & Frabizzio P.A. for appellee.
    Case Number: D69191

    Industrial Accident Board erred in finding worker's present pain to be aggravation of preexisting injuries rather than due to a work-related injury where worker's testimony that he had no pain and sought no treatment for over two decades prior to his work accident went uncontradicted and IAB cited to no other record evidence to reject that uncontradicted testimony as not credible.

  • Clemons v. New Castle County

    Publication Date: 2020-11-11
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Michele D. Allen, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: Mary A. Jacobson, Laura Thomas Hey, New Castle County Office of Law, New Castle, DE for defendants.
    Case Number: D69182

    Americans with Disabilities Act claim failed where employee did not meet standard of "qualified individual" as request for leave without information on expected progress of treatment or anticipated date of return constituted a request for open-ended leave that was an unreasonable request for accommodation.

  • Focus Fin. Partners, LLC v. Holsopple

    Publication Date: 2020-11-11
    Practice Area: Labor Law
    Industry: Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Travis S. Hunter, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; Michael V. Rella, Murphy & McGonigle, New York, NY for plaintiff.
    for defendant: Daniel M. Silver, Travis J. Ferguson, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE for defendants.
    Case Number: D69184

    Delaware choice-of-forum provisions failed to subject employee to personal jurisdiction where employee lived and worked in California, which therefore had the materially greater interest in the litigation, and whose law predominated over Delaware law and included fundamental policies allowing employees to invalidate choice-of-forum provisions in contracts entered into as a condition of employment.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Scalia v. Local 1694, Int'l Longshoremen's Ass'n

    Publication Date: 2020-08-19
    Practice Area: Labor Law
    Industry: Cargo and Shipping | Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: David C. Weiss and Jesse S. Wenger, U.S. attorney’s office for plaintiff.
    for defendant: Lance Geren and Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
    Case Number: D69091

    The court denied a motion to dismiss, because the complaint adequately alleged that a labor organization did not uniformly enforce an eligibility rule involving candidates running for union elections.

  • Gresham v. Delaware Dep't of Health & Soc. Servs.

    Publication Date: 2020-07-29
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69062

    Disability and race discrimination and retaliation claims failed where plaintiff failed to establish she was capable of performing essential functions of her job or that her termination was caused by racial animus or retaliation for engaging in protected activity.

  • Ferrari v. Helmsman Mgmt. Servs., LLC

    Publication Date: 2020-07-08
    Practice Area: Labor Law
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
    for defendant: Timothy J. O’Driscoll and Frederick P. Marczyk, Faegre, Drinker, Biddle & Reathe, LLP, Philadelphia, PA; Joseph C. Schoell, Faeger, Drinker, Biddle & Reathe, LLP, Wilmington, DE for defendant.
    Case Number: D69040

    Injured worker could assert bad faith delay and denial claims against third-party administrator of workers' compensation benefits where TPA voluntarily assumed control over the provision of the worker's benefits.

  • Archer v. Defenders, Inc.

    Publication Date: 2020-07-01
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Brian D. Long, Rigrodsky&Long, P.A., Wilmington, DE; Ted E. Trief, Shelly L. Friedland, EyalDror, Trief&Olk, New York, NY; Peter S. Pearlman, Cohn Lifland Pearlman Herrmann & Knopf LLP, Saddle Brook, NJ; Macy D. Hanson, The Law Office of Macy D. Hanson, PLLC, Madison, MS for plaintiffs.
    for defendant: J. Cory Falgowski, Burr & Forman LLP, Wilmington, DE; K. Bryance Metheny, Ronald W. Flowers, Jr., Martin E. Burke, H. Carlton Hilson, Burr & Forman LLP, Birmingham, AL for defendant.
    Case Number: D69030

    Court declined to dismiss opt-in plaintiffs from wage and hour collective action on grounds of judicial estoppel for those plaintiffs' failures to disclose their claims on their bankruptcy petition, where those plaintiffs either retained the opportunity to amend their bankruptcy petitions or where any inference of bad faith was not strong enough to warrant the sanction of dismissal.

  • Bowman v. Barclays Bank of Delaware

    Publication Date: 2020-06-10
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE; James A. Lewis and Jessica Ellis, Pennington Law Group, South Orange, NJ for plaintiff.
    for defendant: Adam V. Orlacchio, Blank Rome LLP, Wilmington, DE; Mark Blondman and Asima J. Ahmad, Blank Rome LLP, Philadelphia, PA for defendant.
    Case Number: D69007

    Defendant plausibly acted as plaintiff's employer where it had authority to control plaintiff's salary, means and manner of work, and direct plaintiff's termination from employment.