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  • 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.

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  • Moon v. E.I. Du Pont De Nemours & Co.

    Publication Date: 2021-07-07
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: P. Bradford deLeeuw, deLeeuw Law LLC, Wilmington, DE; Michael C. McKay, McKay Law, LLC, Scottsdale, AZ for plaintiff.
    for defendant: Beth Moskow-Schnoll, Brittany M. Giusini, Juliana R. van Hoeven, Ballard Spahr LLP, Wilmington, DE; Da-vid S. Fryman, Katherine J. Atkinson, Ballard Spahr LLP, Philadelphia, PA for defendant.
    Case Number: D69459

    Retirement plan administrators owed fiduciary duties to plan participants and their beneficiaries, so the court denied defendant's motion to dismiss because plaintiff had plausibly alleged that defendant breached its duties by failing to provide him with information about the date on which he could being receiving full bene-fits.

  • Scalia v. Local 1694, Int'l Longshoremen's Ass'n

    Publication Date: 2021-05-26
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Jesse S. Wenger, David C. Weiss, United States Attorney’s Office, Wilmington, DE for plaintiff.
    for defendant: Lance M. Geren, Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
    Case Number: D69411

    Where a union violated federal law in its election process, the court ordered the union to conduct a new election under the supervision of the Secretary of Labor.

  • Keys v. Hanover Foods Corp.

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    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: Curtis J. Crowther, Timothy J. Houseal, Lauren E.M. Russell, and Barry M. Willoughby, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: D69400

    Race discrimination claim dismissed on summary judgment where employee failed to present any specific evidence that his termination for sleeping on the job was pretext for racial animus.

  • Browning v. State of Delaware

    Publication Date: 2021-05-19
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Joseph Stanley, Schwartz & Schwartz, Dover, DE for appellant.
    for defendant: Keri L. Morris-Johnson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: D69398

    Injury that occurred on state-owned property was insufficient to trigger premises exception to the coming and going rule for public employee where the employee's injury occurred as she walked to the courthouse and had not crossed the threshold of courthouse property.

  • Alside Supply Ctr. v. Bottomley

    Publication Date: 2021-04-14
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Jurden
    Attorneys: For plaintiff: Morgan Sack, Cipriani & Werner, P.C., Wilmington, DE for appellant.
    for defendant: Nicholas M. Krayer, Pratcher Krayer LLC, Wilmington, DE for appellee.
    Case Number: D69358

    Claimant entitled to workers' compensation for injuries suffered in assault upon arriving to work by unknown attackers where conflicts with other employees indicated that co-workers may have arranged for the assault, along with the lack of security at employer's facility supporting finding that the injuries arose from the course of employment.