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  • VMware, Inc. v. Wood

    Publication Date: 2023-05-30
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Elena C. Norman, Elisabeth S. Bradley, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Arturo J. González, Shaelyn K. Dawson, Camille Framroze, Meredith L. Angueira, Morrison & Foerster LLP, San Francisco, CA for plaintiff.
    for defendant: Kasey H. DeSantis, Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE; Neil A. Capobianco, Fox Rothschild LLP, New York, NY for defendant.
    Case Number: 2022-0820-PAF

    Former employee lacked right to enforce repurchase option where his stock options and unvested stock were cancelled in connection with his employer's acquisition in exchange for the right to payments from the acquiring company that would terminate if the employee left the acquirer's employ.

  • Thompson v. City of Wilmington

    Publication Date: 2023-05-23
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Donald J. Thompson, III, Wilmington, Delaware, pro se plaintiff.
    for defendant: Caitlyn E. Quinn, Jocelyn N. Pugh, City of Wilmington Law Department for defendant.
    Case Number: 22-44-CFC

    Racial discrimination and retaliation claims were sufficiently pled where plaintiff was the only qualified candidate and was passed over for an unqualified external candidate and the denial of promotion was in close temporal proximity to plaintiff's HR complaint.

  • Bianchi & B&G Machine, Inc.

    Publication Date: 2023-02-28
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2172

    Age discrimination claim was properly dismissed for lack of clear direct evidence of discrimination and failure to prove that plaintiff was replaced by a younger employee.

  • Rodriguez v. Capital Vision Serv., LLC

    Publication Date: 2023-02-28
    Practice Area: Labor Law
    Industry: Health Care | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1222-RGA

    Discrimination claims failed due to lack of evidence that discriminatory animus motivated adverse employment decisions or lack of adequate comparators, where employer had performance-related reasons for its decision.

  • Payne v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-01-31
    Practice Area: Labor Law
    Industry: Health Care | Hospitality and Lodging
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Richard T. Wilson, Joe Klusman, Legal Services Corporation of Delaware, Inc., Wilmington, DE for appellant.
    for defendant: Victoria Counihan, Deputy Attorney General, Victoria Goff, Assistant Attorney General, Department of Justice, Wilmington, DE; Ingleside Homes, Inc. Wilmington, DE for appellees.
    Case Number: N22A-09-002 FWW

    Employer's failure to appear before the Unemployment Insurance Appeal Board or to obtain legal counsel required reversal of decision affirming appeal referee's determination that employee was discharged for good cause and thereby disqualified from unemployment compensation benefits.

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  • Killian v. The Int'l Soc'y of Interdisciplinary Eng'rs LLC

    Publication Date: 2023-01-31
    Practice Area: Labor Law
    Industry: Education | Non-Profit | Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: David A. Felice, Bailey & Glasser, LLP, Wilmington, DE: David Wechsler, Daniel Grossman, Harris St. Lauren & Wechsler LLP, New York, NY for plaintiff.
    for defendant: Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Steven Suflas, Ballard Spahr LLP, Salt Lake City, UT; Joseph J. Bailey, Ballard Spahr, Philadelphia, PA for defendants.
    Case Number: N22C-05-11 EMD

    Court declined to dismiss breach of employment contract and wage claims as the parties had a genuine factual dispute over the basis for the termination of employee's employment contract, which could control whether employee was entitled to severance pay required by the agreement.

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

    Publication Date: 2023-01-24
    Practice Area: Labor Law
    Industry: Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Walter J. O’Brien, Weber Gallagher Simpson Stapleon Fires & Newby LLP, New Castle, DE for appellant.
    for defendant: Tabatha L. Castro, The Castro Firm, Inc., Newark, DE for appellee.
    Case Number: N22A-03-006 FWW

    Industrial Accident Board had sufficient evidence to find causal connection between work injury and new physical symptoms where medical expert credibly testified that new symptoms were a consequence of the surgery to treat the work injury.

  • Parisi v. Backyard Works Inc.

    Publication Date: 2023-01-10
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE for plaintiff.
    for defendant: Daniel C. Herr, Law Office of Daniel C. Herr LLC, Wilmington, DE for defendant.
    Case Number: S21C-02-003 CAK

    Former employee failed to prove entitlement to commissions where his agreement conditioned commission on employer's receipt of payment from customers, but employer violated the Wage Payment and Collection Act by not timely paying earned commissions in accordance with the parties' practice.

  • Giles v. Town of Elsmere

    Publication Date: 2023-01-03
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Davis
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE for plaintiff.
    for defendant: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE for defendant.
    Case Number: N22M-02-006 EMD

    Mandamus relief seeking admission to state pension plan dismissed on statute of limitations grounds where municipal officer's alleged right to apply for admission to pension plan accrued upon hire nearly 10 years prior.

  • In re: Start Man Furniture LLC

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Michael J. Joyce, Joyce, LLC, Wilmington, DE; Rene S. Roupinian, Jack A. Raisner, Gail C. Lin, Raisner Roupinian LLP, New York, NY for appellants and cross-appellees.
    for defendant: Bradford J. Sandler, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for cross-appellant and appellee.
    Case Number: 20-10553 (CTG)

    Court reversed in part Bankruptcy Court's decision holding that debtor employers were not required to provide notice under the Federal Worker Adjustment and Retraining Notification Act prior to laying off workers during the COVID-19 pandemic.