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  • Faucett v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-12-04
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Winston
    Attorneys: For plaintiff: Raykia Faucett, pro se appellant.
    for defendant: Matthew B. Frawley, Delaware Department of Justice for appellee.
    Case Number: N23A-06-010 PAW

    Unemployment Insurance Appeal Board did not abuse its discretion in declining appeal and finding appeal from disqualification decision untimely where there was no evidence to rebut the presumption of receipt of the decision letter.

  • Sousa v. Amazon.com, Inc.

    Publication Date: 2023-11-27
    Practice Area: Labor Law
    Industry: E-Commerce | Retail
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3043

    Discrimination and hostile work environment claims failed where plaintiff failed to plead sufficient facts supporting an inference that purportedly adverse employment actions were had a discriminatory or retaliatory motivation or that offensive behavior from a supervisor was severe or pervasive.

  • Stouffer v. Union R.R. Co.

    Publication Date: 2023-11-13
    Practice Area: Labor Law
    Industry: Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fuentes
    Attorneys: For plaintiff: Mark A. Grace, Cohen & Grace, Pittsburgh, PA; Sammy Y. Sugiura, Mooney Green Saindon Murphy & Welch, Washington, DC for appellant.
    for defendant: Courtney C. Brennan, Thomas M. Pohl, Mary-Jo Rebelo, Burns White, Pittsburgh, PA for appellees.
    Case Number: 22-1680

    District court correctly dismissed disparate impact age discrimination claim where complaint contained no specific factual allegations to demonstrate that company policies had a statistically significant impact on older workers.

  • Strobert Tree Serv., Inc. v. Unemployment Ins. Appeal Bd.

    Publication Date: 2023-11-13
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Victoria K. Petrone, Brian v. DeMott, Baird Mandalas Brockstedt & Federico, LLC, Wilmington, DE for appellant.
    for defendant: Victoria W. Counihan, Delaware Department of Justice, Wilmington, DE for appellee Unemployment Ins. Appeal Bd; George Shaw, appellee pro se.
    Case Number: S23A-05-001 RHR

    Unemployment Insurance Appeal Board correctly upheld referee's decision overturning denial of unemployment benefits claim where employer only presented hearsay evidence to prove that employee was terminated for willful or wanton misconduct and UIAB could not base a decision solely on hearsay.

  • Cargill, Inc. v. Rossi

    Publication Date: 2023-10-30
    Practice Area: Labor Law
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A, Wilmington, DE for plaintiff.
    for defendant: John A. Sensing, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
    Case Number: N23C-03-047 SKR CCLD

    Court lacked personal jurisdiction over former employee in non-compete breach action where forum selection clause was expressly limited to jurisdiction in the chancery court, rather than any state or federal court sitting in and for Delaware.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

    Authors: Joseph S. Britton

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  • Fowler v. Perdue Farms, Inc.

    Publication Date: 2023-10-30
    Practice Area: Labor Law
    Industry: Food and Beverage | Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff: Walt F. Schmittinger, Schmittinger & Rodriguez, P.A., Dover, DE for appellant.
    for defendant: Andrea C. Panico, Megan E. Traynor, Tybout, Redfearn & Pell, Wilmington, DE for appellee.
    Case Number: K23A-01-001 NEP

    Although worker contracted COVID-19 in an area of the workplace where the risk of transmission was greater than the general risk attending employment, that increased risk was not linked to any peculiar or specific aspect of the worker's job and thus his COVID-19 did not qualify as an occupational disease.

  • Cline v. The Nemours Found.

    Publication Date: 2023-10-23
    Practice Area: Labor Law
    Industry: Health Care | Non-Profit
    Court: Delaware Superior Court
    Judge: Judge Wharton
    Attorneys: For plaintiff: Jessica Lewis Welch, Doroshaw, Pasquale, Krawitz & Bhaya, Wilmington, DE for appellant.
    for defendant: Keri L. Morris-Johnson, Marshall Dennehey Warner Coleman & Goggin, Wilmington, DE for appellee.
    Case Number: N22A-11-003 FWW

    Industrial Accident Board erred in failing to consider claimant's individual circumstances in determining whether claimant had exhausted reasonable conservative treatment and thus had made surgical treatment reasonable and necessary.

  • Kroll v. City of Wilmington

    Publication Date: 2023-10-02
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Robert C. McDonald, Adrienne M. McDonald, Silverman McDonald & Friedman, Wilmington, DE for plaintiff.
    for defendant: Robert M. Goff, Jr., City of Wilmington Law Department, Wilmington, DE for defendants.
    Case Number: 2019-0969-KSJM

    Chancery court could exercise subject matter jurisdiction over former police officer's complaint challenging his termination for failure to comply with later-voided revised residency requirement, where declaratory judgment or certiorari review would be unlikely to afford relief given city's continued assertion, despite the striking down of the revised policy, that officer's termination was proper.

  • Horizon Servs., Inc. v. Henry

    Publication Date: 2023-09-18
    Practice Area: Labor Law
    Industry: Insurance
    Court: Delaware Supreme Court
    Judge: Justice LeGrow
    Attorneys: For plaintiff: H. Garrett Baker, Francis D. Nardo, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellants.
    for defendant: Jonathan B. O’Neill, Amanda K. Dobies, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE; William A. Crawford, Franklin & Prokopik, Newark, DE for appellees.
    Case Number: N21C-10-044

    Employer and its workers' compensation insurer could assert a lien against compensation obtained from the employer's underinsured motorist coverage.

  • Bone v. XTO Energy, Inc.

    Publication Date: 2023-09-04
    Practice Area: Labor Law
    Industry: Consulting | Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Slomsky
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1460

    Court declined to dismiss Fair Labor Standards Act overtime action where defendant controlled the means of plaintiffs' work and plaintiffs had no opportunity for business profit or loss or to market their services to other companies.