• Metzgar v. State of Delaware Dep't of Nat. Res. & Envtl. Control,

    Publication Date: 2021-01-13
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Shwartz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69258

    A probationary officer was an at-will employee, so he did not have a protected property interest in his con-tinued employment.

  • Rodriguez v. Wendover, Inc.

    Publication Date: 2021-01-06
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: William D. Fletcher, Jr., Dianna E. Louder, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
    for defendant: Kevin A. Guerke, Young, Conway, Stargate & Taylor LLP, Wilmington, DE for defendant.

    Case Number: D69250

    Former employee failed to allege sufficient facts to support her claims for sex discrimination or retaliation.

  • Thompson-El v. Greater Dover Boys & Girls Club

    Publication Date: 2020-08-12
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Ricky Thompson-El, pro se plaintiff.
    for defendant: Karine Sarkisian and Marc Stephen Casarino, White & Williams, Wilmington, DE for defendant.

    Case Number: D69084

    In this age discrimination matter, the court denied a motion to dismiss and allowed plaintiff an opportunity to supplement the record with a right-to-sue letter from the Equal Employment Opportunity Commission.

  • Sheehan v. AssuredPartners, Inc.

    Publication Date: 2020-06-17
    Practice Area: Employment Litigation
    Industry: Insurance
    Court: Court of Chancery
    Judge: Chancellor LeGrow
    Attorneys: For plaintiff: Martin S. Lessner, Lauren Dunkle Fortunato and Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiffs.
    for defendant: Gregory P. Williams, Blake Rohrbacher, Matthew D. Perri and Kevin M. Regan, Richards, Layton & Finger, P.A., Wilmington, DE; Joseph G. Santoro and Roger W. Feicht, Gunster, West Palm Beach, FL for defendants.

    Case Number: D69018

    Plaintiffs stated claims for breach of their employment agreements and for breach of the implied covenant of good faith and fair dealing, but the court granted defendants' motion to dismiss the remainder of their claims.

  • State of Delaware, Dep't of Transp. v. Pearson

    Publication Date: 2020-06-03
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Kevin R. Slattery, Delaware Dep’t of Justice, Wilmington, DE for the state.
    for defendant: Lance Green, O’Donoghue and O’Donoghue, LLP, New Castle, DE for employees.

    Case Number: D69004

    Two employees were entitled to differential pay when they worked additional night shifts at the request of the agency.

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  • FP UC Holdings, LLC v. Hamilton

    Publication Date: 2020-04-15
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Gregory B. Williams and E. Chaney Hall, Fox Rothschild LLP, Wilmington, DE; Jeffrey J. Bushofsky and Timothy R. Farrell, Ropes & Gray LLP, Chicago, IL for plaintiffs.
    for defendant: Travis S. Hunter and Tyler E. Cragg, Richards, Layton & Finger, P.A., Wilmington, DE; Grant A. Wright and Max D. Wright, Wright Law, P.C., Tuscumbia, AL for defendants.

    Case Number: D68945

    The court denied plaintiffs' request for a preliminary injunction that would have shut down defendants' competing business, because plaintiffs failed to establish that they were likely to succeed on the merits.

  • 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.