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Publication Date: 2020-11-11
Practice Area: Labor Law
Industry: Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys: For plaintiff: Travis S. Hunter, Dorronda R. Bordley, Richards, Layton & Finger, P.A., Wilmington, DE; Michael V. Rella, Murphy & McGonigle, New York, NY for plaintiff.
for defendant: Daniel M. Silver, Travis J. Ferguson, Alexandra M. Joyce, McCarter & English, LLP, Wilmington, DE for defendants.
Case Number: D69184
Delaware choice-of-forum provisions failed to subject employee to personal jurisdiction where employee lived and worked in California, which therefore had the materially greater interest in the litigation, and whose law predominated over Delaware law and included fundamental policies allowing employees to invalidate choice-of-forum provisions in contracts entered into as a condition of employment.
Publication Date: 2020-08-19
Practice Area: Labor Law
Industry: Cargo and Shipping | Federal Government
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: David C. Weiss and Jesse S. Wenger, U.S. attorney’s office for plaintiff.
for defendant: Lance Geren and Kathleen Bichner, O’Donoghue & O’Donoghue, LLP, New Castle, DE for defendant.
Case Number: D69091
The court denied a motion to dismiss, because the complaint adequately alleged that a labor organization did not uniformly enforce an eligibility rule involving candidates running for union elections.
Publication Date: 2020-07-29
Practice Area: Labor Law
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69062
Disability and race discrimination and retaliation claims failed where plaintiff failed to establish she was capable of performing essential functions of her job or that her termination was caused by racial animus or retaliation for engaging in protected activity.
Publication Date: 2020-07-08
Practice Area: Labor Law
Industry: Construction | Insurance
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: John S. Spadaro, John Sheehan Spadaro, LLC, Smyrna, DE for plaintiff.
for defendant: Timothy J. O’Driscoll and Frederick P. Marczyk, Faegre, Drinker, Biddle & Reathe, LLP, Philadelphia, PA; Joseph C. Schoell, Faeger, Drinker, Biddle & Reathe, LLP, Wilmington, DE for defendant.
Case Number: D69040
Injured worker could assert bad faith delay and denial claims against third-party administrator of workers' compensation benefits where TPA voluntarily assumed control over the provision of the worker's benefits.
Publication Date: 2020-07-01
Practice Area: Labor Law
Industry:
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian D. Long, Rigrodsky&Long, P.A., Wilmington, DE; Ted E. Trief, Shelly L. Friedland, EyalDror, Trief&Olk, New York, NY; Peter S. Pearlman, Cohn Lifland Pearlman Herrmann & Knopf LLP, Saddle Brook, NJ; Macy D. Hanson, The Law Office of Macy D. Hanson, PLLC, Madison, MS for plaintiffs.
for defendant: J. Cory Falgowski, Burr & Forman LLP, Wilmington, DE; K. Bryance Metheny, Ronald W. Flowers, Jr., Martin E. Burke, H. Carlton Hilson, Burr & Forman LLP, Birmingham, AL for defendant.
Case Number: D69030
Court declined to dismiss opt-in plaintiffs from wage and hour collective action on grounds of judicial estoppel for those plaintiffs' failures to disclose their claims on their bankruptcy petition, where those plaintiffs either retained the opportunity to amend their bankruptcy petitions or where any inference of bad faith was not strong enough to warrant the sanction of dismissal.
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Publication Date: 2020-06-10
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE; James A. Lewis and Jessica Ellis, Pennington Law Group, South Orange, NJ for plaintiff.
for defendant: Adam V. Orlacchio, Blank Rome LLP, Wilmington, DE; Mark Blondman and Asima J. Ahmad, Blank Rome LLP, Philadelphia, PA for defendant.
Case Number: D69007
Defendant plausibly acted as plaintiff's employer where it had authority to control plaintiff's salary, means and manner of work, and direct plaintiff's termination from employment.
Publication Date: 2020-03-25
Practice Area: Labor Law
Industry: Education
Court: Delaware Superior Court
Judge: Judge Primos
Attorneys: For plaintiff: Elizabeth O. Groller for appellant.
for defendant: Gary W. Aber, Gary W. Aber, P.A. for appellee.
Case Number: D68920
Terminated employee entitled to unemployment benefits where his termination was without just cause as he was not put on notice regarding his conduct and his conduct was not sufficiently egregious to warrant termination in the absence of prior warning.
Publication Date: 2019-12-25
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: A. Thompson Bayliss and Adam K. Schulman, Abrams & Bayliss LLP, Wilmington, DE; Peter L. Welsh and Paul S. Kellogg, Ropes & Gray LLP, Boston, MA for plaintiff.
for defendant: T. Brad Davey and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; David L. Feinberg and Fredric J. Bold, Jr., Bondurant Mixon & Elmore, LLP, Atlanta, GA for defendant.
Case Number: D68815
Former employer's amendment of breach of contract claim to remove all references to misuse of confidential information brought the claim outside the scope of the employer's indemnification obligations to its former employee for litigation that pertained to the employee's role as a director and officer.
Publication Date: 2019-12-11
Practice Area: Labor Law
Industry: Consulting
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Bradley R. Aronstam and Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE; Nicholas J. Pappas, Robert S. Berezin, and Justin Michael DiGennaro, Weil Gotshal & Manges LLP, New York, NY for plaintiffs.
for defendant: John A. Sensing, Clarissa R. Chenoweth, and Jesse L. Noa, Potter Anderson & Corroon, LLP, Wilmington, DE for defendant.
Case Number: D68800
Court was not divested of subject matter jurisdiction under foreign law and regulation where plaintiffs' rights and remedies did not arise out of and were not inseparably related to foreign statutory law as to warrant their exclusive enforcement in a foreign tribunal.
Publication Date: 2019-12-04
Practice Area: Labor Law
Industry: Automotive
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D68790
District court correctly dismissed complaint where plaintiff had previously litigated his claims or could have raised claims in the prior litigation.
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