• Molchan v. Delmar Fire Dep't, Inc.

    Publication Date: 2020-02-05
    Practice Area: Employment Litigation
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Gary W. Alderson, Elzufon Austin & Mondell, P.A., Wilmington, DE for plaintiff.
    for defendant: Michele D. Allen, Allen & Assoc., Hockessin, DE; Robin R. Cockey and Ashley A. Bosché, Cockey, Brennan & Maloney, P.C., Salisbury, MD for defendants.

    Case Number: D68867

    A former employee did not allege sufficient facts to show a hostile work environment, nor did she make a causal connection between her protected activity and the adverse employment action against her.

  • Mayhan v. Sunoco, Inc.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Deborah J. Mayhan, New Castle, DE, pro se plaintiff.
    for defendant: Barry M. Klayman, Abigail M. Green and Daniel V. Johns, Cozen & O’Connor for defendant.

    Case Number: D68859

    Plaintiff signed an arbitration agreement at the commencement of her employment and the parties' dispute fell within the scope of that agreement.

  • Sullivan v. Hanover Foods Corp.

    Publication Date: 2020-01-29
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Seth J. Reidenberg, Tybout, Redfearn & Pell, Wilmington, DE; Evan L. Frank, Alan L. Frank Law Associates, P.C., Jenkintown, PA for plaintiff.
    for defendant: Barry M. Willoughby, Timothy Jay Houseal, Curtis J. Crowther, Lauren E.M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.

    Case Number: D68861

    Employer was entitled to summary judgment on employee's discrimination and disparate treatment claims based on race and sex, as well her hostile environment claim based on sex.

  • Kenny v. Univ. of Delaware

    Publication Date: 2019-11-27
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Counsel: David H. Williams, James H. McMackin, III and Allyson Britton DiRocco, Morris James, LLP, Wilmington, DE for plaintiff.
    for defendant: James D. Taylor, Jr. and Christina D. Riggs, Saul Ewing Arnstein & Lehr, LLP, Wilmington, DE and Philadelphia, PA for defendants.

    Case Number: D68785

    In this employment discrimination case, plaintiffs failed to show that defendants' reasons for terminating their employment were pretextual. Summary judgment granted in favor of defendants.

  • Saez v. Nephrology Assoc., P.A.

    Publication Date: 2019-10-30
    Practice Area: Employment Litigation
    Industry: Health Care | Recruitment and Staffing
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Daniel C. Herr, Law Office of Daniel C. Herr, Wilmington, DE for plaintiff.
    for defendant: Alan D. Albert, O’Hagan Meyer PLLC, Wilmington, DE for defendant.

    Case Number: D68757

    An employer had the right to direct, control and supervise a doctor's work under the terms of an employment agreement.

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  • Gray v. Kirkwood Dental Assoc., P.A.

    Publication Date: 2019-10-02
    Practice Area: Employment Litigation
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Michelle D. Allen and Caitlyn E. Quinn, Allen & Assoc., Wilmington, DE for plaintiff.
    for defendant: Kristen S. Swift and Robert D. Cecil, Jr., Tybout, Redfearn & Pell, Wilmington, DE for defendant.

    Case Number: D68722

    The court granted an employer's motion for summary judgment on two claims by a former employee, but it denied summary judgment on a federal discrimination claim because the employee provided sufficient circumstantial evidence that the employer terminated her for discriminatory reasons due to her age.

  • 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.