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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.
Publication Date: 2024-02-19
Practice Area: Labor Law
Industry: Financial Services and Banking
Court: Delaware Superior Court
Judge: Judge Butler
Attorneys: For plaintiff: Joseph J. Rhoades, Stephen T. Morrow, Rhoades & Morrow LLC, Wilmington, DE for appellant.
for defendant: H. Garrett Baker, Elzufon, Austin & Mondell, P.A., Wilmington, DE for appellee.
Case Number: N23A-04-004 CEB
Volunteer work performed on behalf of employer did not fall within course and scope of employment where employer derived no substantial benefit as employees were not required to volunteer nor promote employer during their volunteer work.
Publication Date: 2024-01-29
Practice Area: Labor Law
Industry: Construction | Energy | Recruitment and Staffing
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Daniel F. McAllister, McAllister Firm, LLC, Wilmington, DE for plaintiff.
for defendant: Thaddeus J. Weaver, Dilworth Paxson LLP, Wilmington, DE; Cecily L. Kaffer, The Kullman Firm, Mobile, AL; Setara C. Ozan, The Kullman Firm, Birmingham, AL for defendants.
Case Number: 22-1224 (MN)
Age discrimination/failure-to-hire claim failed under a theory of cat's paw liability where employer relied on more information than the feedback of a potentially biased supervisor to determine that plaintiff lacked the necessary skills and recent work experience.
Publication Date: 2024-01-01
Practice Area: Labor Law
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Lance M. Geren, Ashley E. Macaysa, Paul D. Starr, O’Donoghue & O’Donoghue, New Castle, DE for plaintiffs.
for defendant: Laurence V. Cronin Smith, Katzenstein & Jenkins LLP, Wilmington, DE; Donald D. Gamburg, Immon Shafiei, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Philadelphia, PA for defendant.
Case Number: 21-1563-GBW
Court upheld union grievance arbitration award where there was sufficient record evidence to support finding that employer's discovery of employee's on-the-job alcohol intoxication after terminating the employee for other reasons constituted after-acquired evidence.
Publication Date: 2023-12-04
Practice Area: Labor Law
Industry: Agriculture | Food and Beverage
Court: U.S. District Court of Delaware
Judge: District Judge Hughes
Attorneys: For plaintiff: William D. Sullivan, Sullivan Hazeltine Allison LLC, Wilmington, DE; Andrew J. Henrik, Sullivan Hazeltine Allison LLC, Rosemont, IL for plaintiffs.
for defendant: Rudolf Koch, Jason J. Rawnsley, Richards, Layton & Finger, P.A., Wilmington, DE; James L. Bromley, Andrew J. Finn, Zachary R. Ingber, Sullivan & Cromwell LLP, New York, NY for defendants.
Case Number: 22-1135-TMH
Multiemployer pension plan lacked statutory cause of action under the Multi-employer Pension Plan Amendments Act to enforce private settlement over withdrawal liability where settlement did not qualify as revised assessment.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2023-11-27
Practice Area: Labor Law
Industry: E-Commerce | Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 22-3043
Discrimination and hostile work environment claims failed where plaintiff failed to plead sufficient facts supporting an inference that purportedly adverse employment actions were had a discriminatory or retaliatory motivation or that offensive behavior from a supervisor was severe or pervasive.
Publication Date: 2023-10-30
Practice Area: Labor Law
Industry: Distribution and Wholesale | Food and Beverage
Court: Delaware Superior Court
Judge: Judge Rennie
Attorneys: For plaintiff: Richard P. Rollo, Travis S. Hunter, Jordan L. Cramer, Richards, Layton & Finger, P.A, Wilmington, DE for plaintiff.
for defendant: John A. Sensing, Hannah L. Paxton, Potter Anderson & Corroon LLP, Wilmington, DE for defendant.
Case Number: N23C-03-047 SKR CCLD
Court lacked personal jurisdiction over former employee in non-compete breach action where forum selection clause was expressly limited to jurisdiction in the chancery court, rather than any state or federal court sitting in and for Delaware.
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.
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.
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.
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