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  • Mid-Sussex Rescue Squad v. Hearne

    Publication Date: 2024-02-26
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Kimberly A. Harrison, Tybout, Redfearn & Pell, Wilmington, DE for appellant.
    for defendant: Ross C. Karsnitz, Morris James, LLP, Georgetown, DE for appellee.
    Case Number: S23A-06-002 RHR

    Industrial Accident Board correctly calculated divisor for determining average weekly wage by excluding a claimant's paid time off taken during weeks that they worked, as workers' compensation laws required exclusion of benefit time, including sick and vacation leave, from the calculation of a claimant's AWW.

  • Javice v. JPMorgan Chase Bank. N.A.

    Publication Date: 2024-02-26
    Practice Area: Labor Law
    Industry: Financial Services and Banking | Legal Services
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Peter J. Walsh, Jr., Michael A. Pittenger, Hayden J. Driscoll, Potter Anderson & Corroon LLP, Wilmington, DE; Michael A. Barlow, Quinn Emanuel Urquhart & Sullivan, LLP, Wilmington, DE for plaintiff.
    for defendant: Samuel D. Cordle, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for defendant.
    Case Number: 2022-1179-KSJM

    Court sustained objection to request for advancement of two categories of fees where plaintiff failed to seek advancement of those fees in her original complaint and could not raise them in a subsequent motion for payment.

  • Testa-Carr v. Sallie Mae

    Publication Date: 2024-02-19
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for appellant.
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
    Case Number: N23A-04-004 CEB

    Volunteer work performed on behalf of employer did not fall within course and scope of employment where employer derived no substantial benefit as employees were not required to volunteer nor promote employer during their volunteer work.

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

    Publication Date: 2024-02-05
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
    for defendant: Stacy A. Scrivani, Alexis R. Gambale, Stevens & Lee, P.C., Wilmington, DE; Lisa M. Scidurlo, Stevens & Lee, P.C., King of Prussia, PA; Michael M. Greenfield, Sasha A. Phillips, Stevens & Lee, P.C., Philadelphia, PA; Theresa M. Zechman, Stevens & Lee, P.C., Lancaster, PA for defendant.
    Case Number: 22-1283-RGA

    Court declined to dismiss religious discrimination claim where terminated employee adequately pled sincerely held religious belief supporting her objection to COVID-19 vaccines.

  • 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.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Hudson v. Beebe Med. Ctr.

    Publication Date: 2024-01-15
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: James R. Donovan, Doroshow, Pasquale, Krawitz & Bhaya, Dover, DE for appellant.
    for defendant: Keri L. Morris-Johnston, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: S23A-10-002 NEP

    Industrial Accident Board did not err in denying workers' compensation claim for COVID-19 where it weighed the evidence to determine that it was more likely that worker was infected outside of work rather than at work.

  • Hulton v. Artesian Water Co.

    Publication Date: 2024-01-08
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Jennifer Hulton, Lincoln University, PA, plaintiff pro se.
    for defendant: Lauren Elizabeth Moak Russell, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
    Case Number: 22-1584 (MN)

    Employer was entitled to summary judgment where employee failed to rebut employer's legitimate, performance-based reasons for termination to show that those reasons were a pretext for disability discrimination.

  • Patton v. Quality Enter. LLC

    Publication Date: 2024-01-01
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Patrick C. Gallagher, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Anthony N. Delcollo, Michael K. DeSantis, Apla V. Batia, Offit Kurman, P.A., Wilmington, DE for defendant.
    Case Number: N23C-08-316 EMD

    Court declined to dismiss disability discrimination claim where diabetes might qualify as a disability as defined by the ADA and employer was on notice of worker's need for accommodations for his diabetes.

  • Teamster Local Union No. 355 v. Ensinger Penn Fibre, Inc.

    Publication Date: 2024-01-01
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Lance M. Geren, Ashley E. Macaysa, Paul D. Starr, O’Donoghue & O’Donoghue, New Castle, DE for plaintiffs.
    for defendant: Laurence V. Cronin Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Donald D. Gamburg, Immon Shafiei, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Philadelphia, PA for defendant.
    Case Number: 21-1563-GBW

    Court upheld union grievance arbitration award where there was sufficient record evidence to support finding that employer's discovery of employee's on-the-job alcohol intoxication after terminating the employee for other reasons constituted after-acquired evidence.

  • Elzufon, Austin, Tarlov & Mondell, P.A., v. Lewis

    Publication Date: 2023-12-18
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: Brandon R. Herling, Weber Gallagher Simpson Stapleton Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
    Case Number: 47, 2023

    Treating physician's causation opinion, though not based on objective medical records, was not improperly speculative where the physician would be familiar with the potential complications of claimant's surgery and could conclude that her subsequent neck pain was a consequence of surgery to repair a work injury to her shoulder.