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  • Kroll v. City of Wilmington

    Publication Date: 2022-04-26
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Robert C. McDonald, Adrienne M. McDonald, Silverman McDonald & Friedman, Wilmington, DE for appellant.
    for defendant: Aaron C. Baker, City of Wilmington Law Department, Wilmington, DE for appellees.
    Case Number: D69797

    The court found the lower court's ruling that appellant had an adequate remedy at law based on a sua sponte finding that termination fell under the grievance procedure of the collective bargaining agreement should be reversed and remanded for the court to consider only those arguments presented by the parties. Reversed and remanded for further consideration.

  • Gonzalez v. Perdue Farms, Inc.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Food and Beverage | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
    for defendant: Andrea C. Panico, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: D69694

    The court held that the Industrial Board's decision to accept one medical expert's testimony over contradictory testimony from a different medical expert was within the purview of the Board and would not be changed on appeal.

  • Neece v. Unemployment Ins. Appeal Bd.

    Publication Date: 2022-02-01
    Practice Area: Employment Litigation
    Industry: Retail | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Connie Neece, pro se appellant.
    for defendant: Victoria Groff, Victoria W. Counihan; Daniel Mulveny, Department of Justice, Wilmington, DE for appellee.
    Case Number: D69695

    The court reversed the decision of the Unemployment Insurance Appeal Board that denied compensation to claimant because a pertinent document that was referred to in the hearing was "purposely disregarded when rendering it's opinion" and the document was excluded from the record on appeal by the Board.

  • Harris v. Citigroup Global Mark

    Publication Date: 2021-11-09
    Practice Area: Employment Litigation
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Donald E. Marston, Doroshow, Pasquale, Krawitz & Bhaya, Newark, DE for appellant.
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, Wilmington, DE for appellee.
    Case Number: D69601

    The Industrial Accident Board's denial of claimant's request for continuance was not unreasonable or capricious where claimant's need for time to find a new medical expert did not constitute good cause.

  • SerVaas v. Ford Smart Mobility LLC

    Publication Date: 2021-09-08
    Practice Area: Employment Litigation
    Industry: Automotive | Software
    Court: Court of Chancery
    Judge: Vice Chancellor Will
    Attorneys: For plaintiff: Michael A. Barlow, Abrams & Bayliss LLP, Wilmington, DE; Renita Sharma, Ty Adams, Charles Sangree, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY; George Gasper, Ice Miller LLP, Indianapolis, IN for plaintiffs.
    for defendant: Raymond J. DiCamillo, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Katherine V.A. Smith, Gibson, Dunn & Crutcher LLP, Los Angeles, CA; Jason J. Mendro, Molly T. Senger, Matt Gregory, Brittany A. Raia, Rebecca Rubin, Gibson, Dunn & Crutcher LLP, Washington, DC for defendants.
    Case Number: D69529

    Plaintiffs adequately stated a claim for breach of the implied covenant of good faith and fair dealing in this wrongful termi-nation case, but the court granted defendants' motion to dismiss certain breach of contract, unjust enrichment and Wage Act claims.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Smith v. Scott

    Publication Date: 2021-05-19
    Practice Area: Employment Litigation
    Industry: Investments and Investment Advisory | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: David E. Wilks, D. Charles Vavala, Wilks Law, LLC, Wilmington, DE; Douglas Albritton, Actuate Law LLC, Chicago, IL for plaintiffs.
    for defendant: Robert A. Penza, Stephen J. Kraftschik, Polsinelli PC, Wilmington, DE; Anthony C. Porcelli, Scott M. Gil-bert, Polsinelli PC, Chicago, IL for defendants.
    Case Number: D69401

    The chancery court denied defendant's motion to dismiss plaintiff's conversion, implied covenant and wage law claims, but it dismissed the claims for breach of fiduciary duty, defamation and punitive damages.

  • Lyons Ins. Agency Inc. v. Wilson

    Publication Date: 2021-05-12
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre, Janine L. Faben, McCarter & English, LLP, Wilmington, DE for plaintiff.
    for defendant: Blake Bennett, Dean R. Roland, Cooch & Taylor PA, Wilmington, DE; Lawrence V. Cronin, Smith Katzenstein & Jenkins LLP, Wilmington, DE for defendants.
    Case Number: D69391

    Employer was entitled to shift fees against employee who breached non-compete agreement and then falsely testified in the subsequent litigation regarding his motivation and the circumstances surrounding his breach.

  • Wooten v. City of Wilmington, LLC

    Publication Date: 2021-02-24
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Theopalis K. Gregory, Isaac H. Green, Jr., Law Office of Theopalis Gregory Sr., Wilmington, DE for plain-tiff.
    for defendant: Caitlyn E. Quinn, Laura Najemy, City of Wilmington Law Dep’t, Wilmington, DE for defendant.
    Case Number: D69309

    Employee stated a claim for retaliation because she was engaged in a protected employee activity, but the court granted employer's motions to dismiss other employment claims.

  • Snyder v. E.I. DuPont de Nemours, Inc., LLC

    Publication Date: 2021-02-24
    Practice Area: Employment Litigation
    Industry: Chemicals and Materials
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Gary W. Aber, Aber, Baker & Over, Wilmington, DE for plaintiff.
    for defendant: Margaret M. DiBianca, Clark Hill PLC, Wilmington, DE; John M. Nolan, John M. Nolan, III, Jackson Lewis PC, Philadelphia,PA for defendant.
    Case Number: D69308

    Employee failed to demonstrate that her termination or surveillance by her employer violated the Family and Medical Leave Act.

  • McDonald's Corp. v. Easterbrook

    Publication Date: 2021-02-17
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Garrett B. Moritz, S. Reiko Rogozen, Holly E. Newell, Ross Aronstam & Moritz LLP, Wilmington, DE; Wil-liam Savitt, Anitha Reddy, Sarah K. Eddy, Wachtell, Lipton, Rosen & Katz, New York, NY; Ronald L. Olson, John W. Spiegel, Luis Li, Munger, Tolles & Olson LLP, Los Angeles, CA; Jonathan I Kravis, Munger, Tolles & Olson LLP, Washington, DC for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr, LLC, Wilmington, DE; Kristen E. Hudson, The Benson Firm PLLC, Austin, TX for defendant.
    Case Number: D69299

    The court denied defendant's motions to dismiss because the parties did not incorporate a forum selection clause into their separation agreement, and plaintiff alleged sufficient facts to support its claim for fraud in the inducement.