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  • Fasano v. Delaware

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Kate Butler, Kate Butler Law LLC, Wilmington, DE; David M. Koller, Koller Law, LLC, Philadelphia, PA for plaintiff.
    for defendant: Sawyer M. Traver, Devera B. Scott, Zi-Xiang Shen, State of Delaware Department of Justice, Wilmington, DE for defendant.
    Case Number: 22-1329-SRF

    Court dismissed state employee's disability discrimination claim for failure to serve process on the agency and officials he worked for, where service upon the attorney general or state solicitor was in addition to rather than in lieu of service on the named defendants.

  • Traub v. Stardust389, Inc.

    Publication Date: 2024-04-15
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Fallon
    Attorneys: For plaintiff: Thomas S. Neuberger, Stephen J. Neuberger, The Neuberger Firm, P.A., Wilmington, DE; Timothy P. Rumberger, Law Offices of Timothy P. Rumberger, Alameda, CA for plaintiffs.
    for defendant: Samuel L. Moultrie, Renee Mosley Delcollo, Greenberg Traurig, LLP, Wilmington, DE; Justin K. Victor, Greenberg Traurig, LLP, Atlanta, GA for defendants.
    Case Number: 22-1582-SRF

    Court dismissed Fair Labor Standards Act claims to the extent they sought overtime "gap time" pay where the statute did not expressly provide relief for such pay.

  • Irfan v. Unemployment Ins. Appeal Bd.

    Publication Date: 2024-04-08
    Practice Area: Labor Law
    Industry: Consulting
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Muhammad Irfan, Middleton, DE, pro se appellant
    for defendant: Matthew B. Frawley, Department of Justice, Wilmington, DE; Victoria W. Counihan, Department of Justice, Wilmington, DE for appellees.
    Case Number: N23A-05-009 MMJ

    Claimant was ineligible for unemployment benefits where he was the sole owner of a business and his main priority was to secure new clients for the company.

  • Preister v. Tesla BioHealing, Inc.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Biotechnology
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Ronald G. Poliquin, The Poliquin Firm, Dover, DE for plaintiff.
    for defendant: David B. Anthony, Zachary J. Schnapp, Berger McDermott LLP, Wilmington, DE for defendant.
    Case Number: 23-00575-CFC

    Claims were time-barred under applicable one-year limitations period to the extent they sought to recover unpaid wages, although promissory estoppel claim seeking reimbursement of relocation costs was timely under the general three-year limitations period.

  • Hagans v. The Bd. of Educ. of Red Clay Consol. Sch. Dist.

    Publication Date: 2024-04-01
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Raeann Warner, Collins Price & Warner, Wilmington, DE for plaintiff.
    for defendant: Michael P. Stafford, Elise K. Wolpert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for defendant.
    Case Number: 22-1452-RGA

    Evidentiary record could support an inference that race played a role in defendant employer's failure to promote plaintiff sufficient to submit plaintiff's racial discrimination claim to the jury, as the promoted individual lacked the minimum qualifications and the reasons for not promoting plaintiff were plausibly inconsistent with his performance evaluations.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Trincia v. Dick's Sporting Goods

    Publication Date: 2024-03-26
    Practice Area: Labor Law
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Emily Laursen Raisis, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
    for defendant: Maria Paris Newill, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: N23A-03-006 MMJ

    Industrial Accident Board did not err in denying claimant's motion to strike portions of employer's expert's testimony based on newly obtained medical records where claimant knew about her prior medical records and thus employer was not at fault for the fact that claimant's expert did not possess those records to offer testimony.

  • Umuhoza v. Pinnacle Rehab. Heath Ctr.

    Publication Date: 2024-03-26
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Placide Umuhoza, Smyrna, DE, pro se plaintiff.
    for defendant: Jennifer C. Bebko Jauffert, Puja Upadhyay, Richards, Layton & Finger, P.A. for defendants.
    Case Number: 23-552 (MN)

    Court dismissed employment discrimination action for lack of sufficient allegations supporting an inference of national origin discrimination.

  • McDaniel-Wesche v. Sun Behavioral Health

    Publication Date: 2024-03-18
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Karsnitz
    Attorneys: For plaintiff: Jonathan B. O’Neill, Kimmel, Carter, Roman, Peltz & O’Neill, P.A., Christiana, DE for appellant.
    for defendant: Nicholas E. Bittner, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: S23A-03-002 CAK

    Industrial Accident Board properly denied claim of permanent impairment based on credibility determination, as claimant failed to seek prompt diagnostic testing or treatment following a work incident and did not disclose an intervening motor vehicle accident to her medical providers and evaluators, and employer's medical expert credibly testified as to the lack of permanent impairment.

  • Mid-Sussex Rescue Squad v. Hearne

    Publication Date: 2024-02-26
    Practice Area: Labor Law
    Industry:
    Court: Delaware Superior Court
    Judge: Judge Robinson
    Attorneys: For plaintiff: Kimberly A. Harrison, Tybout, Redfearn & Pell, Wilmington, DE for appellant.
    for defendant: Ross C. Karsnitz, Morris James, LLP, Georgetown, DE for appellee.
    Case Number: S23A-06-002 RHR

    Industrial Accident Board correctly calculated divisor for determining average weekly wage by excluding a claimant's paid time off taken during weeks that they worked, as workers' compensation laws required exclusion of benefit time, including sick and vacation leave, from the calculation of a claimant's AWW.

  • Javice v. JPMorgan Chase Bank. N.A.

    Publication Date: 2024-02-26
    Practice Area: Labor Law
    Industry: Financial Services and Banking | Legal Services
    Court: Court of Chancery
    Judge: Chancellor McCormick
    Attorneys: For plaintiff: Peter J. Walsh, Jr., Michael A. Pittenger, Hayden J. Driscoll, Potter Anderson & Corroon LLP, Wilmington, DE; Michael A. Barlow, Quinn Emanuel Urquhart & Sullivan, LLP, Wilmington, DE for plaintiff.
    for defendant: Samuel D. Cordle, Peter C. Cirka, Abrams & Bayliss LLP, Wilmington, DE for defendant.
    Case Number: 2022-1179-KSJM

    Court sustained objection to request for advancement of two categories of fees where plaintiff failed to seek advancement of those fees in her original complaint and could not raise them in a subsequent motion for payment.