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  • Horizon Servs., Inc. v. Henry

    Publication Date: 2023-09-18
    Practice Area: Labor Law
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
    for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
    Case Number: N21C-10-044

    Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.

  • Bone v. XTO Energy, Inc.

    Publication Date: 2023-09-04
    Practice Area: Labor Law
    Industry: Consulting | Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1460

    Court declined to dismiss Fair Labor Standards Act overtime action where defendant controlled the means of plaintiffs' work and plaintiffs had no opportunity for business profit or loss or to market their services to other companies.

  • Tyger v. Precision Drilling Corp.

    Publication Date: 2023-08-28
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Justin L. Swidler, Swartz Swidler, Haddonfield, NJ for appellants.
    for defendant: Kimberly Cheeseman, Michael C. Crow, Katherine D. Mackillop, Norton Rose Fulbright, Houston, TX for appellees.
    Case Number: 22-1613

    Court adopted test to determine whether employer required clothing or protective/safety gear was integral to an employee's job duties, which included factors such as the location of changing, whether government regulations required the clothing/gear, and the type of clothing or gear involved.

  • Util. Workers United Ass'n, Local 537 v. Util. Workers' Union of Am.

    Publication Date: 2023-08-21
    Practice Area: Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: Caitlin D. Kekacs, Andrew D. Roth, Bredhoff & Kaiser, Washington, DC; Michael J. Healey, Healey & Hornack, Pittsburgh, PA for appellant.
    for defendant: Samuel J. Pasquarelli, Sherrard German & Kelly, Pittsburgh, PA for appellee.
    Case Number: 22-2142

    Union local members who disaffiliated from parent union had standing as third-party beneficiaries of parent union's constitution/contract with the local to seek equitable distribution of the local's assets to a new independent local.

  • Henry v. Wilmington Trust NA

    Publication Date: 2023-07-24
    Practice Area: Labor Law
    Industry: Investments and Investment Advisory | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chagares
    Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
    for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
    Case Number: 21-2801

    Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.

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  • Williams v Tech Mahindra (Americas) Inc.

    Publication Date: 2023-07-17
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
    for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
    Case Number: 21-1365

    Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.

  • Minor v. Delaware River & Bay Auth.

    Publication Date: 2023-07-17
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff: William F. Cook, William M. Tambussi, Brown & Connery, Westmont, NJ for appellants.
    for defendant: Richard M. Pescatore, Vineland, NJ for appellee.
    Case Number: 21-2491

    District court erred in denying summary judgment on qualified immunity grounds where it considered public commissioners' claim of qualified immunity collectively rather than conducting individual analysis as to each commissioner's actions and knowledge.

  • Rich v. Univ. of Delaware

    Publication Date: 2023-07-10
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Michele D. Allen, Delia Clark, Allen & Associates, Wilmington, DE for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Juliana G. Clifton, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendants.
    Case Number: 22-27-RGA

    Title VII race discrimination claims failed where plaintiff failed to identify similarly situated co-workers of other races who committed the same type of misconduct as plaintiff but were not terminated like plaintiff.

  • Hunsucker v. Scott Paper Co.

    Publication Date: 2023-07-03
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Billy Hunsucker, pro se appellant.
    for defendant: John W. Morgan, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: K22A-11-001 RLG

    IAB did not abuse discretion in ordering reduction of claimant's opioid dosage where it credited the testimony of employer's medical expert that claimant's dosage was unsafe due to his treating physician's lack of documentation, and where his treating physician also conceded the dangers of high dosage.

  • Washington v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-06-27
    Practice Area: Labor Law
    Industry: Education | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Lavern C. Washington, pro se appellant.
    for defendant: Victoria E. Groff, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: N22A-03-004 CEB

    Court affirmed unemployment benefits disqualification where evidence clearly showed claimant knowingly underreported income, as his claim that he was instructed to do so by DOL employees lacked credibility.