• 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.

  • Giles & Ransome v. Kalix

    Publication Date: 2018-10-31
    Practice Area: Labor Law
    Industry: Construction | Health Care
    Court: Delaware Superior Court
    Judge: Judge Butler
    Attorneys: For plaintiff: H. Garrett Baker, Elzufon Austin & Mondell, P.A., Wilmington, DE, attorney for appellant
    for defendant: Donald E. Marston and James R. Donovan, Doroshow Pasquale Krawitz & Bhaya, Bear, DE, attorneys for appellee.

    Case Number: D68334

    Industrial Accident Board's decision ordering employer to reimburse injured employee for full cost of medical marijuana supported by credible evidence where board credited employee's testimony that high initial consumption was due to experimentation to find correct dosage and active ingredients.

  • Lyons Ins. Agency, Inc. v. Wilson

    Publication Date: 2018-10-10
    Practice Area: Business Torts | Labor Law
    Industry: Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Michael P. Kelly, Andrew S. Dupre, and Janine L. Faben, attorneys for plaintiff
    for defendant: Herbert W. Mondros, Krista Reale Samis, Christopher A. Tinari and Michael R. Miller, attorneys for defendants.

    Case Number: D68311

    Former employee breached employment agreement by leaving plaintiff to work for competitor to service clients in employee's book of business, in which plaintiff had invested sums to ensure employee's ability to service, thereby granting plaintiff an interest in said book of business.

  • Daniels v. Delaware Psychiatric Ctr.

    Publication Date: 2018-10-03
    Practice Area: Evidence | Government | Labor Law
    Industry: State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Tomeka M. Daniels, Wilmington, DE, pro se plaintiff
    for defendant: Joseph Clement Handlon, Deputy Attorney General, and Lauren E. Maguire, Deputy Attorney General, Delaware Department of Justice, Wilmington, DE, attorneys for defendant.

    Case Number: D680304

    Race discrimination and hostile work environment claims failed where plaintiff failed to present evidence that adverse employment actions and hostile environment were motivated by plaintiff's race.

  • Dep't of Transp. v. Keeley

    Publication Date: 2018-09-26
    Practice Area: Administrative Law | Labor Law
    Industry: State and Local Government
    Court: Delaware Superior Court
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68296

    The date of mailing rather than the date of an order was decisive for appeal purposes, so defendant timely appealed an administrative order.