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  • Drummond v. Amazon.com.dedc, LLC

    Publication Date: 2019-09-11
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Tia Drummond, Newark, DE, pro se plaintiff.
    for defendant: Jody Barillare, Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.
    Case Number: D68694

    Plaintiff's motion for leave to amend denied where court had dismissed plaintiff's complaint and terminated the case and where plaintiff had not first filed a motion to open the judgment.

  • Avande, Inc. v. Evans

    Publication Date: 2019-08-28
    Practice Area: Labor Law
    Industry: Accounting | Health Care | Insurance
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Thad. J. Bracegirdle and Julie M. O’Dell, Wilks, Lukoff & Bracegirdle LLC, Wilmington, DE, Jerome R. Bowen, Bowen Law Offices, Las Vegas, NV for plaintiff.
    for defendant: Sean J. Bellew, Bellew, LLC, Wilmington, DE for defendants.
    Case Number: D68678

    Company could force former CEO to provide accounting of transactions with company owned by the CEO, but failed to make prima facie case to require CEO to undertake accounting of all other challenged transactions since many other company employees were authorized to make expenditures.

  • Ephrat v. medCPU, Inc.

    Publication Date: 2019-07-24
    Practice Area: Labor Law
    Industry: Software
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Douglas D. Herrman, James H.S. Levine, Ellis E. Herington and Jay A. Dubow, Pepper Hamilton LLP, Wilmington, DE and Philadelphia, PA for petitioners.
    for defendant: Patricia L. Enerio and Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Adam P. Samansky, Frank J. Earley and Andre Cizmarik, Mintz, Levin, Cohn, Ferris, Glovsky and Pope, P.C., Boston, MA and New York, NY for respondent.
    Case Number: D68639

    Former directors and officers were entitled to some advancement under former employer's corporate charter where employer's allegations of misappropriation of confidential information and property arose, at least in part, from the former directors' and officers' status as directors and officers to which they were entitled advancement for claims arising from such status.

  • Anderson v. General Motors, LLC

    Publication Date: 2019-07-17
    Practice Area: Labor Law
    Industry: Automotive
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Roland C. Anderson, pro se appellant.
    for defendant: Lori A. Brewington and Renee M. Mosley, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
    Case Number: D68630

    Motion to reopen workers' compensation claim properly denied where full evidentiary record demonstrated that employer continued to deny liability for employee's claim, previously dismissed by the courts.

  • Anderson-Strange v. Nat'l R.R. Passenger Corp.

    Publication Date: 2019-07-03
    Practice Area: Labor Law
    Industry: Transportation
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: David B. Anthony, Berger Harris LLP, Wilmington, DE; Sean A. Meluney, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE for plaintiff
    for defendant: Lindsay M. Neinast and Alison N. Davis, Littler Mendelson P.C., Washington, DC for defendant.
    Case Number: D68614

    Gender discrimination, retaliation, and termination claims dismissed on summary judgment where plaintiff failed to demonstrate that employer's proffered reasons were pretextual.

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  • West v. Access Control Related Enter., LLC

    Publication Date: 2019-06-26
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Geoffrey G. Grivner, Buchanan, Ingersoll & Rooney, PC; Ekwan E. Rhow, Sharon Mayer, and Patricia H. Jun, Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow, P.C. for plaintiff
    for defendant: Justin K. Victor, Michael L. Banks, and Vishal H. Shah, Morgan, Lewis & Bockius, LLP for defendants.
    Case Number: D68608

    Implied covenant and conversion claims dismissed as duplicative of breach of contract claims where contract expressly defined expectations of the parties and where conversion of contractually-promised assets had to be brought as a contractual claim.

  • This and That Servs. Co., Inc. v. Nieves

    Publication Date: 2019-06-26
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: John J. Ellis, Heckler & Frabizzio, P.A., Wilmington, DE for plaintiff
    for defendant: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for defendant.
    Case Number: D68607

    Court reversed Industrial Accident Board's dismissal as moot of employer Utilization Review appeal where record reflected outstanding dispute between employer and employee regarding reasonableness and necessity of medication prescribed by one of employee's treating physicians following the employee's work-related accident.

  • Stump v. Town of Middleton

    Publication Date: 2019-04-24
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Scott
    Attorneys: For plaintiff: John S. Malik, Law Office of John S. Malik, Wilmington, DE for plaintiff.
    for defendant: Rae M. Mims, Delaware Dep't of Justice, Dover, DE for the Criminal Justice Council. Scott G. Wilcox, Moore & Rutt, Wilmington, DE for defendants Branner, Iglio and Town of Middleton.
    Case Number: D68538

    The court declined to issue a writ of mandamus to require a hearing where a party had already pursued the extent of the grievance procedure allowed under a collective bargaining agreement.

  • Atl. Bldg. Assocs. v. Trujillo

    Publication Date: 2019-04-17
    Practice Area: Administrative Law | Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Andrew J. Carmine, Elzufon Austin & Mondell for appellant.
    for defendant: Arthur M. Krawitz and Tara E. Bustard, Doroshow, Pasquale, Krawitz & Bhaya for appellee.
    Case Number: D68526

    The Industrial Accident Board's ruling was remanded for it to clarify whether its extensive review, of a prime contractor's efforts to verify that a subcontractor's workers' compensation insurance extended to Delaware, was conducted under a due diligence standard rather than a strict liability standard.

  • Batty v. UCAR Int'l, Inc.

    Publication Date: 2019-04-17
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Charles A. McCauley III, Offit Kurman, P.A., Wilmington, DE for plaintiff.
    for defendant: Bradley R. Aronstam, Eric D. Selden, Ross Aronstam & Moritz LLP, Wilmington, DE for defendants.
    Case Number: D68527

    Breach of severance agreement claim not dismissed where both parties offered reasonable interpretations of contractual language setting forth the types of compensation employee was entitled to upon severance.