Filter This View

  • Snyder v. DowDuPont, Inc.

    Publication Date: 2022-05-24
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69828

    Family and Medical Leave Act retaliation claims failed where employee could not show that employer's decision to surveil employee on medical leave due to reports giving rise to suspicion of abuse of leave, or to terminate employee after surveillance provided evidence of such abuse, was mere pretext for retaliation.

  • Horizon Serv., Inc. v. Henry

    Publication Date: 2022-05-17
    Practice Area: Labor Law
    Industry: Construction | Insurance
    Court: Delaware Superior Court
    Judge: Judge Brennan
    Attorneys: For plaintiff: Elissa A. Greenberg, Elzufon Austin & Mondell, PA for plaintiff.
    for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel Carter Roman Peltz & O’Neill, PA; William A. Crawford, Franklin & Prokopik for defendants.
    Case Number: D69815

    Employer's workers' compensation insurer was not entitled to assert a lien on any underinsured motorist coverage recovery obtained by an injured worker from the employer's auto insurer, where the Workers' Compensation Act only permitted reimbursement from a third-party tortfeasor or their insurer.

  • Metro Storage Int'l LLC v. Harron

    Publication Date: 2022-05-17
    Practice Area: Labor Law
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: David C. McBride, Emily V. Burton, Lauren Dunkle Fortunato, M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Harold C. Hirshman, Leah R. Bruno, Jacqueline A. Giannini, Dentons US LLP, Chicago, IL for plaintiffs.
    for defendant: E. Chaney Hall, Kasey H. DeSantis, Fox Rothschild LLP, Wilmington, DE; Jeffrey L. Widman, Fox Rothschild LLP, Chicago, IL for defendant.
    Case Number: D69816

    President of company breached duty of loyalty by continuing to provide substantially similar consulting services to third parties in violation of covenant to devote full time to the president position, and by using the company's confidential information to consult for third parties.

  • Walsh v. DeVilbiss Landscape Architects

    Publication Date: 2022-04-19
    Practice Area: Labor Law
    Industry: Federal Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Seema Nanda, Solicitor of Labor, Oscar L. Hampton III, Regional Solicitor, Matthew R. Epstein, Trial Attorney, United States Department of Labor, Philadelphia, PA for plaintiff.
    for defendant: William D. Sullivan, Sullivan Hazeltine Allinson LLC, Wilmington, DE; Wendel V. Hall, The Hall Law Office, PLLC, Washington, DC for defendants.
    Case Number: D69789

    The court held the jury verdict that found the employees of a landscaping company were not agricultural employees and that the employer was an employer under the Fair Labor Standards Act such that the employees should have been paid overtime was supported by substantial evidence.

  • Tolliver v. Qlarant Quality Solutions, Inc.

    Publication Date: 2022-03-29
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: M. Denise Tolliver, Camden, Delaware, pro se plaintiff.
    for defendant: Chelsea A. Botsch, Pamela J. Moore, Tiffany R. Hubbard, McCarter & English, LLP, Wilmington, DE for defendants.
    Case Number: D69765

    Remand granted where reference to "equal pay" claim was construed as arising under state law rather than the federal Equal Pay Act where pro se plaintiff's claims only cited to state laws and statutes.

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

    View this Book

    View more book results for the query "*"

  • Wilson v. Gingerich Concrete & Masonry

    Publication Date: 2022-03-22
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger, Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for appellant;
    for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
    Case Number: D69757

    Board correctly denied workers' compensation benefits for surgery performed by provider whose workers' compensation certification had lapsed at the time of the surgery and who had failed to obtain preauthorization for the treatment.

  • Wu v. E. Ocean Agriculture Corp.

    Publication Date: 2022-02-22
    Practice Area: Labor Law
    Industry: Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Antranig Garibian, Garibian Law Offices, P.C., Wilmington, DE; Heng Wang, Wang, Gao & Associates, P.C., Metuchen, NJ for plaintiff.
    for defendant: Lauren E. M. Russell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Ying Liu, Carolyn Shields, Liu & Shields, LLP, Flushing, NY for defendants.
    Case Number: D69723

    Fair Labor Standards Act claims failed where farm workers fell within the statute's agricultural exemption from the minimum wage and overtime provisions of the act.

  • James v. A.C. Moore Arts & Crafts Inc.

    Publication Date: 2022-02-15
    Practice Area: Labor Law
    Industry: Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Matey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69717

    Plaintiff Sharon James appealed from the dismissal of her age discrimination and retaliation complaint against her former employer, A.C. Moore Arts & Crafts, Inc.

  • Smith v. Unemployment Ins. Appeal Bd.

    Publication Date: 2021-10-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Kathleen L. Smith, Millsboro, DE, appellant pro se.
    for defendant: Victoria W. Counihan, Victoria E. Groff, Delaware Department of Justice, Wilmington, DE for appellee.
    Case Number: D69580

    Overpayment liability determination for unemployment compensation affirmed where claimant had failed to take an appeal from a prior determination that claimant was ineligible for benefits.

  • Archer v. Defenders, Inc.

    Publication Date: 2021-08-04
    Practice Area: Labor Law
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Herbert W. Mondros, Rigrodsky Law P.A., Wilmington, DE; Eyal Dror, Trief & Olk, New York, NY for plaintiffs.
    for defendant: J. Cory Falgowski, Burr & Forman LLP, Wilmington, DE; Ronald W. Flowers, H. Carlton Hilson, Burr & Forman LLP, Birmingham, AL for defendant.
    Case Number: D69486

    Court excluded evidence untimely produced in discovery by defendant, where defendant was grossly negligent in searching for the evidence and plaintiffs would be prejudiced by the delay in needing to review the evidence.