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  • 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.

  • Tyger v. Precision Drilling Corp.

    Publication Date: 2023-08-28
    Practice Area: Labor Law
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: Justin L. Swidler, Swartz Swidler, Haddonfield, NJ for appellants.
    for defendant: Kimberly Cheeseman, Michael C. Crow, Katherine D. Mackillop, Norton Rose Fulbright, Houston, TX for appellees.
    Case Number: 22-1613

    Court adopted test to determine whether employer required clothing or protective/safety gear was integral to an employee's job duties, which included factors such as the location of changing, whether government regulations required the clothing/gear, and the type of clothing or gear involved.

  • Util. Workers United Ass'n, Local 537 v. Util. Workers' Union of Am.

    Publication Date: 2023-08-21
    Practice Area: Labor Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Hardiman
    Attorneys: For plaintiff: Caitlin D. Kekacs, Andrew D. Roth, Bredhoff & Kaiser, Washington, DC; Michael J. Healey, Healey & Hornack, Pittsburgh, PA for appellant.
    for defendant: Samuel J. Pasquarelli, Sherrard German & Kelly, Pittsburgh, PA for appellee.
    Case Number: 22-2142

    Union local members who disaffiliated from parent union had standing as third-party beneficiaries of parent union's constitution/contract with the local to seek equitable distribution of the local's assets to a new independent local.

  • Henry v. Wilmington Trust NA

    Publication Date: 2023-07-24
    Practice Area: Labor Law
    Industry: Investments and Investment Advisory | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Chagares
    Attorneys: For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
    for defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
    Case Number: 21-2801

    Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.

  • Williams v Tech Mahindra (Americas) Inc.

    Publication Date: 2023-07-17
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
    for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
    Case Number: 21-1365

    Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Hunsucker v. Scott Paper Co.

    Publication Date: 2023-07-03
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: Delaware Superior Court
    Judge: Judge Green-Streett
    Attorneys: For plaintiff: Billy Hunsucker, pro se appellant.
    for defendant: John W. Morgan, Heckler & Frabizzio, Wilmington, DE for appellee.
    Case Number: K22A-11-001 RLG

    IAB did not abuse discretion in ordering reduction of claimant's opioid dosage where it credited the testimony of employer's medical expert that claimant's dosage was unsafe due to his treating physician's lack of documentation, and where his treating physician also conceded the dangers of high dosage.

  • VMware, Inc. v. Wood

    Publication Date: 2023-05-30
    Practice Area: Labor Law
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Fioravanti
    Attorneys: For plaintiff: Elena C. Norman, Elisabeth S. Bradley, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Arturo J. González, Shaelyn K. Dawson, Camille Framroze, Meredith L. Angueira, Morrison & Foerster LLP, San Francisco, CA for plaintiff.
    for defendant: Kasey H. DeSantis, Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE; Neil A. Capobianco, Fox Rothschild LLP, New York, NY for defendant.
    Case Number: 2022-0820-PAF

    Former employee lacked right to enforce repurchase option where his stock options and unvested stock were cancelled in connection with his employer's acquisition in exchange for the right to payments from the acquiring company that would terminate if the employee left the acquirer's employ.

  • Bianchi & B&G Machine, Inc.

    Publication Date: 2023-02-28
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-2172

    Age discrimination claim was properly dismissed for lack of clear direct evidence of discrimination and failure to prove that plaintiff was replaced by a younger employee.

  • In re: Start Man Furniture LLC

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Michael J. Joyce, Joyce, LLC, Wilmington, DE; Rene S. Roupinian, Jack A. Raisner, Gail C. Lin, Raisner Roupinian LLP, New York, NY for appellants and cross-appellees.
    for defendant: Bradford J. Sandler, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for cross-appellant and appellee.
    Case Number: 20-10553 (CTG)

    Court reversed in part Bankruptcy Court's decision holding that debtor employers were not required to provide notice under the Federal Worker Adjustment and Retraining Notification Act prior to laying off workers during the COVID-19 pandemic.

  • McLaughlin v. C&D Contractors

    Publication Date: 2022-12-27
    Practice Area: Labor Law
    Industry: Construction
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: Linda Wilson, Marshall, Dennehey, Warner, Coleman & Goggin, Wilmington, DE for appellant.
    for defendant: David Crumplar, Jacobs & Crumplar, Wilmington, DE for appellee.
    Case Number: N22A-04-002- FJJ

    Date of diagnosis of an occupational disease, rather than the date of last exposure to the cause of the disease, was the relevant date for determining a worker's average weekly wage and the controlling maximum weekly benefit.