• Clark v. State

    Publication Date: 2019-03-20
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Streett
    Attorneys: For plaintiff: Heather A. Long for appellant.
    for defendant: William D. Rimmer for appellee.

    Case Number: D68495

    Claimant could assert promissory estoppel claim, though not included in her initial petition with the IAB, where the elements of promissory estoppel were presented to the board and the board considered the issue in rendering its decision.

  • Gutierrez v. Jamestown Painting

    Publication Date: 2019-03-13
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Cooch
    Attorneys: For plaintiff: Heather A. Long, Kimmel, Carter, Roman, Peltz & O'Neill P.A., Newark, DE for appellant.
    for defendant: Nathan V. Gin, Elzufon Austin & Mondell, P.A., Wilmington, DE for appellee.

    Case Number: D68487

    Denial of additional compensation and termination of workers' compensation benefits affirmed where the IAB credited the testimony of an independent medical examiner over employee's own treating physicians where the examiner demonstrated a more comprehensive understanding of employee's prior medical history in support of the examiner's opinion on the lack of causation between employee's reported pain and his work accident.

  • Brown v. City of Wilmington

    Publication Date: 2019-01-23
    Practice Area: Health Care Law | Labor Law
    Industry: Health Care | Insurance
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Gary S. Nitsche and Rachel D. Allen, Weik, Nitsche & Dougherty, LLC, Wilmington, DE, for plaintiffs.
    for defendant: Lauren A. Cirrinicione and Kelley M. Huff, Murphy & Landon, Wilmington, DE for defendant.

    Case Number: D68431

    Retired firefighters' claims for denial of health insurance benefits pursuant to municipal personnel policy denied where employer had not made specific determination that their disabilities arose from hot pursuit or emergency situation and where policy could not apply retroactively to firefighters who retired prior to policy adoption.

  • Gardoski v. Pats Aircraft, LLC

    Publication Date: 2018-12-19
    Practice Area: Labor Law
    Industry: Aerospace | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: William D. Fletcher, Jr. and Gary E. Junge, Schmittinger & Rodriguez, P.A., Dover, DE for plaintiff.
    for defendant: Margaret M. DiBianca, Smith Katzenstein Jenkins LLP, Wilmington, DE for defendant.

    Case Number: D68392

    FMLA retaliation claim was not dismissed where plaintiff employee pled a plausible claim of fraudulent inducement with respect to a general release plaintiff executed in favor of defendant employer and where it was unsettled whether FMLA claims could be subject to a general release.

  • Grabowski v. J.J. White, Inc.

    Publication Date: 2018-12-12
    Practice Area: Labor Law
    Industry: Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: Gary S. Nitsche and Katherine L. Hemming, Gary S. Nitsche, P.A., Wilmington, DE for appellant.
    for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE for appellee.

    Case Number: D68384

    The Industrial Accident Board was justified in finding a course of opioid prescription treatment was not reasonable or necessary where it failed to resolve claimant's pain and instead resulted in drug dependency.

  • Lampkins v. Mitra QSR, LLC

    Publication Date: 2018-12-12
    Practice Area: Employment Litigation | Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Patrick C. Gallagher and Raeann Warner, Jacobs & Crumplar, P.A., Wilmington, DE for plaintiff.
    for defendant: Richard A. Barkasy and Daniel M. Pereira, Schnader, Harrison, Segal & Lewis LLP, Wilmington, DE; Jo Bennett and Samantha Banks of Schnader, Harrison, Segal & Lewis LLP, Philadelphia, PA for defend-ants.

    Case Number: D68389

    Genuine issues of material fact existed as to a former employee's claims involving constructive discharge and a hostile working environment, but she was not entitled to recovery under the Fair Labor Standards Act.

  • State of Delaware v. Gates

    Publication Date: 2018-11-28
    Practice Area: Administrative Law | Labor Law
    Industry: Recruitment and Staffing | State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Clark
    Attorneys: For plaintiff: Walt F. Schmittinger of Schmittinger and Rodriquez, Dover, DE for claimant
    for defendant: John J. Klusman, Jr. of Tybout, Redfearn and Pell, Wilmington, DE for the state.

    Case Number: D68370

    An employee was acting within the scope of his employment when he responded to the employer's instruction to return to work, so he was entitled to recovery under the Worker's Compensation Act for injuries sustained in an automobile accident.

  • Drummond v. Amazon.com

    Publication Date: 2018-11-14
    Practice Area: Civil Rights | 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: Justin K. Victor of Morgan Lewis & Bockius LLP, Wilmington, DE, attorney for defendant.

    Case Number: D68350

    Hostile work environment claim dismissed where plaintiff failed to establish how two alleged incidents were connected to her gender or race, where those incidents were not severe or pervasive, and where employer provided plaintiff with means to report such incidents and took remedial action in response to plaintiff's reports.

  • Cabela's LLC v. Wellman

    Publication Date: 2018-11-07
    Practice Area: Labor Law
    Industry: Entertainment and Leisure | Retail
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Kevin M. Coen, Alexandra M. Cumings, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Sean M. Berkowitz, Matthew W. Walch, Reuben J. Stob, Latham & Watkins LLP, Chicago, IL, attorneys for plaintiff
    for defendant: Henry E. Gallagher, Timothy M. Holly, Mary I. Akhimien, Shaun Michael Kelly, Connolly Gallagher LLP, Wilmington, DE; Patrick J. Barrett, Rhianna A. Kittrell, Fraser Stryker PC LLO, Omaha, NE, attorneys for defendants.

    Case Number: D68343

    Non-compete provision unenforceable against employees under applicable Nebraska law where state's public policy precluded employers' restriction on employees' post-employment use of general skill, but confidentiality and non-solicitation agreements enforceable to protect employer from improper and unfair competition.

  • Acosta v. DeVilbiss Landscape Architects, Inc.

    Publication Date: 2018-10-31
    Practice Area: Employment Compliance | Labor Law
    Industry: Distribution and Wholesale | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Matthew R. Epstein, U.S. Dep't of Labor, Office of the Solicitor, Philadelphia, PA, attorneys for plaintiff
    for defendant: Frank E. Noyes, II Offit Kurman P.A., Wilmington, DE, and Wendel V. Hall, Hall Law Office, PLLC, Washington, DC, attorneys for defendants.

    Case Number: D68337

    Plaintiff alleged sufficient facts regarding overtime and recordkeeping violations under the Fair Labor Standards Act, so the court denied defendants' motion to dismiss.