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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.

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    Pennsylvania Commonwealth Court Rules 2024

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  • Buzzfeed, Inc. v. Anderson

    Publication Date: 2022-11-15
    Practice Area: Labor Law
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Rolin P. Bissell, Elena C. Norman, Kevin P. Rickert, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Mary Eaton, Thomas Walsh, Nicholas Caselli, Freshfields Bruckhaus Deringer US LLP, New York, NY; Jonathan Kortmansky, Melissa Ginsberg, Braunhagey & Borden LLP, New York, NY for plaintiffs.
    for defendant: David A. Felice, Bailey & Glaser, LLP, Wilmington, DE; Kevin D. Galbraith, Taylor N. Perretti, The Galbraith Law Firm, New York, NY; Sean R. O’Brien, A.J. Monaco, O’Brien LLP, New York, NY; Yonaton Aronoff, Joseph Gallagher, Harris St. Laurent & Wechsler LLP, New York, NY for defendants.
    Case Number: 2022-0357-MTZ

    New corporate entity following SPAC transaction was not bound to employment agreements executed by prior corporate entity and thus new entity was not obligated to arbitrate employees' grievances.

  • Rider v. PPG Indus., Inc.

    Publication Date: 2022-11-01
    Practice Area: Labor Law
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Brian E. O'Neill, Elliott Greenleaf, P.C., Wilmington, DE for plaintiff.
    for defendant: Jared Thomas Green, Seitz, Van Ogtrop & Green, P.A., Wilmington, DE; Lindsay Neinast, Littler Mendelson, PC, Washington, D.C. for defendants.
    Case Number: 21-1819-GBW

    Breach of contract and promissory estoppel claims seeking retiree benefits were not preempted by ERISA where employee had allegedly negotiated for reinstatement of benefits as if there was no break in service upon resuming employment following termination, thereby creating an independent legal duty for employer.

  • Archer v. Defenders, Inc.

    Publication Date: 2022-10-25
    Practice Area: Labor Law
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Bibas
    Attorneys: For plaintiff: Seth Rigrodsky, Herbert W. Mondros, Rigrodsky Law P.A., Wilmington, DE; Eyal Dror, Shelly L. Friedland, Ted E. Trief, Trief & Olk, New York, NY; Macy D. Hanson, The Law Office of Macy D. Hanson PLLC, Madison, MS; Peter S. Pearlman, Cohn, Lifland, Pearlman, Herrman, & Knopf LLP, Saddle Brook, NJ for plaintiffs.
    for defendant: J. Cory Falgowski, H. Carlton Hilson, Kristin Bryance Metheny, Ronald W. Flowers, Burr & Forman LLP, Wilmington, DE for defendant.
    Case Number: 1:18-cv-00470-SB

    Court affirmed Fair Labor Standards Act settlement that provided significant legal fees where counsel recovered more than plaintiffs because the length and complexity of the litigation justified the legal fees.

  • Walley v. Amazon.com, Inc.

    Publication Date: 2022-10-04
    Practice Area: Labor Law
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Lynette M. Walley, New Castle, DE, pro se plaintiff.
    for defendant: Jody Barillare, Ann Marie Effingham, Emily C. DeSmedt, Morgan Lewis & Bockius, LLP, Wilmington, DE for defendant.
    Case Number: 21-1498-GBW

    Americans with Disabilities Act discrimination and failure to accommodate claims dismissed where plaintiff failed to allege sufficient facts to support a prima facie case and had improperly pled ADA claims against persons in their individual capacity.

  • Vermeer v. Univ. of Delaware

    Publication Date: 2022-09-20
    Practice Area: Labor Law
    Industry: Education
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Matthew F. Boyer, Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE; R. Scott Oswald, Adam Augustine Carter, The Employment Law Group, P.C., Washington, DC for plaintiff.
    for defendant: James D. Taylor, Jr., Jessica M. Jones, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE for defendant.
    Case Number: 21-1500-RGA

    Plaintiff plausibly alleged sex discrimination from denial of tenure where she alleged that university granted tenure to two male applicants while imposing higher qualification standards upon plaintiff than were articulated in the faculty handbook.