Delaware Labor Relation Law

Loren Chanderl v. Bayhealth Medical Center, Inc.

<h2> Wilmington, Delaware employment law lawyer represented the Plaintiff who sued on a employment discrimination theory. <hh2> On May 29, 2018, Defendant hired Plaintiff.[4] Defendant first allegedly discriminated against Plaintiff on the basis of race in January 2020, and Plaintiff first allegedly suffered retaliation in March 2020, when she was transferred to another role in Defend... More...

$0 (12-05-2024 - DE)

Helena Dupont Wright, et al. v. Elton Corporation, et al.

Wilmington, DE labor law lawyers represented the Plaintiffs who sued the Defendants on an E.R.I.S.A. law theory. "ERISA is a federal law enacted in 1974 that protects the interests of participants in private-sector employee benefit plans. These plans can include pension plans, health insurance plans, and life insurance plans. ERISA sets minimum standards for these plans and imposes certai... More...

$1 (05-12-2023 - DE)

Ebony Adams, et al. v. F&B Associates, Inc., et al.

Wilmington, Delaware employment law lawyer represented the Plaintiffs who sued the Defendants on Fair Labor Standards Act violation theories. "The Fair Labor Standards Act (FLSA): Setting the Floor for Worker Protections The Fair Labor Standards Act (FLSA) is a crucial piece of American legislation that establishes minimum wage, overtime pay, recordkeeping, and youth employment s... More...

$0 (12-19-2023 - DE)

United States of America v. Davine Boyce

<center> <img width="400" src="https://www.ded.uscourts.gov/sites/ded/files/images/BLD2.jpg"> </center> Wilmington, DE - The United States of America charged Davine Boyce, age 21, with carjacking, banishing a firearm and felony possession of a firearm. A federal grand jury returned an indictment charging a Wilmington man with carjacking and weapons offenses. Acco... More...

$0 (07-23-2020 - DE)

Weih Steve Chang v. Children's Advocacy Center of Delaware

<center> <img width="200" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Third_Circuit.svg/150px-Seal_of_the_United_States_Court_of_Appeals_for_the_Third_Circuit.svg.png"> </center> Weih Chang appeals the District Court’s orders dismissing his complaint under the False Claims Act (“FCA”) and its Delaware counterpa... More...

$0 (09-13-2019 - DE)

T Mobile Northeast, LLC v. City of Wilmington, Delaware

<center> <img width="300" src="https://upload.wikimedia.org/wikipedia/commons/thumb/1/1f/Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg/300px-Seal_of_the_United_States_Court_of_Appeals_for_the_Second_Circuit.svg.png"> <h2> <h2> </h2> </center> No one likes bad cell phone reception or slow streaming data on their smartphone, ... More...

$0 (01-10-2019 - DE)

UNITED STATES OF AMERICA v. AMY GONZALEZ UNITED STATES OF AMERICA v. DAVID MATUSIEWICZ <table> <td>

David Matusiewicz1 and Christine Belford were married from 2001 to 2006, during which time they had three children, L.M.1, L.M.2, and K.M.1 (the “children”). The couple and their children also lived with Belford’s one child from a previous marriage, K.M.2.2 After their divorce, Belford and David engaged in a bitter custody dispute, during which David accused Belford of being an unfit mothe... More...

$0 (09-09-2018 - DE)

Brinckerhoff v. Enbridge Energy Company, Inc

The facts are drawn from the Complaint, the operative limited partnership agreements, other documents that are integral to the Complaint and matters of which the Court may take judicial notice. a. The Parties Plaintiff Peter Brinckerhoff (“Brinckerhoff” or “Plaintiff”), individually and as trustee of the Peter R. Brinckerhoff Rev. Tr. U.A. DTD 10/17/97 (the “Trust”)... More...

$0 (04-29-2016 - DE)

In Re: Trump Entertainment Resorts

The facts giving rise to this appeal are undisputed. The Debtors own and operate the Trump Taj Mahal casino in Atlantic City, New Jersey. The casino employs 2,953 employees, 1,467 of whom are unionized. UNITE HERE Local 54 is the largest of the employee unions, representing 1,136 employees. The most recent CBA between the Union and Taj Mahal was negotiated in 2011 for a three-year term. It co... More...

$0 (04-03-2016 - DE)

STATE OF DELAWARE v. LUIS REYES

The bodies of Brandon Saunders and Vaughn Rowe were discovered in a wooded area of Rockford Park in Wilmington, Delaware, on January 21, 1996. Nearly four years later, on December 6, 1999, Luis Reyes ("Reyes") and Luis Cabrera ("Cabrera") were indicted as co-defendants for the murders of Saunders and Rowe ("Rockford Park Murders").1 The State sought the death penalty for both Reyes and Cabrera in ... More...

$0 (03-13-2016 - DE)

State of Delaware v. Hall

Defendant was charged in relation to two incidents that occurred two days apart. On November 6, 2010, it was alleged that Defendant attempted to rob Alex Bush (“Bush”) at gunpoint as Bush existed a residence he was visiting. Bust struggled with Defendant and Defendant’s gun was discharged. Bush was unharmed and then fled the scene. On November 8, 2010, Bush was walkin... More...

$0 (01-20-2016 - DE)

Gerald A. Lechliter v. Del. Department of Natural Resources & Environmental Control, et al.

The Plaintiff filed his Verified Complaint on October 11, 2012. The Complaint alleged seven counts against the Defendants: Count I alleges that DNREC violated numerous statutes to illegally build the Turbine; Count II alleges that the City violated statutes and zoning ordinances to illegally issue the Building Permit; Counts III and IV allege violations of the Delaware Freedom... More...

$0 (01-01-2016 - DE)

SIGA Technologies, Inc. v. PharmAthene

In 2004, SIGA acquired technology for ST-246, an antiviral drug for the treatment of smallpox. At that time, the viability, potential uses, safety, and efficacy of the drug, as well as the likelihood of SIGA obtaining regulatory approval or making sales to the government, were, as is typical in this industry, uncertain. By late 2005, SIGA was running out of money, its largest shareholder, MacAndr... More...

$0 (12-23-2015 - DE)

ESG Capital Partners II, LP, et al. v. Passport Special Opportunities Master Fund, LP, et al.

Non-party Timothy Burns formed ESG Capital Partners II, LP (the ―Partnership‖) for a limited purpose. After raising money from investors, the Partnership would purchase shares of stock of Facebook, Inc. before that company‘s then-anticipated initial public offering. Preferably once Facebook had completed a successful IPO, the Partnership would distribute to its in... More...

$0 (12-20-2015 - DE)

RBC Capital Markets, LLC v. Jervis

As a preliminary observation, we note that, at oral argument before this Court, counsel for RBC emphasized that RBC “intentionally made appellate arguments that do not require this Court to review findings of fact.” Although RBC has chosen to avoid any direct and specific challenge to the facts as found by the trial court, this Court, nevertheless, has examined the appel... More...

$0 (12-01-2015 - DE)

State of Delaware v. Sims

On November 23, 2011, Defendant Ronell Sims was arrested on charges of Attempted Carjacking, Attempted Theft, Criminal Impersonation, Resisting Arrest, Criminal Mischief, and two counts of Offensive Touching.1 Defendant was released on bail and arrested again on February 19, 2012 on charges of Robbery First Degree, three counts of Possession of a Deadly Weapon During the Commissio... More...

$0 (11-11-2015 - DE)

Revolution Retail Systems, LLC v. Sentinel Technologies, Inc.

In 2011, Vector proposed a term sheet to acquire Tidel and its subsidiary, Revolution. Tidel‟s majority stockholder, however, had high expectations for Revolution‟s business prospects, and Tidel‟s Board rejected Vector‟s offer. Vector later offered to acquire only Tidel, which Tidel accepted. Tidel and Revolution formally were separated into two indep... More...

$0 (11-01-2015 - DE)

Doberstein v. G-P Industries, Inc.

Plaintiff, Anne L. Doberstein, is an individual who primarily works and resides in Switzerland. Doberstein also owns a residence located at 103 East Pembrey Drive in Wilmington, Delaware. In October 2012, Doberstein entered into a contract with G-P (the “Agreement”), under which G-P agreed to serve as the general contractor on a significant home renovation project at Dober... More...

$0 (11-01-2015 - DE)

Ernesto Espinoza v. Mark Zuckerberg, et al

This case presents a question of first impression: Can a disinterested controlling stockholder ratify a transaction approved by an interested board of directors, so as to shift the standard of review from entire fairness to the business judgment presumption, by expressing assent to the transaction informally without using one of the methods the Delaware General Corporation Law... More...

$0 (10-28-2015 - DE)

Merion Capital LP and Merion Capital II LP v. BMC Software, Inc.

BMC is a software company—one of the largest in the world at the time of the Merger—specializing in software for information technology (―IT‖) management.3 Specifically, BMC sells and services a broad portfolio of software products designed to ―simplif[y] and automate[] the management of IT processes, mainframe, distributed, virtualized and cloud computin... More...

$0 (10-21-2015 - DE)

Quadrant Structured Products Company, Ltd. v. Vertin, et al.

A five-day trial took place on June 22-25 and 30, 2015. The parties submitted over 900 exhibits, called six fact witnesses and five expert witnesses, and lodged twenty-three depositions. The following facts were proven by a preponderance of the evidence. Quadrant principally challenged Athilon’s payments of allegedly excessive service and licensing fees to an affiliate of Merced, ... More...

$0 (10-20-2015 - DE)

In re TIBCO Software Inc. Stockholders Litigation

This decision is round two of an action in which a stockholder of TIBCO Software Inc. challenges the per-share consideration that a private equity fund (“Vista”) agreed to pay to acquire TIBCO in a merger that closed on December 5, 2014. The merger agreement provided for stockholders to receive $24 per share. Based on the number of fully diluted shares of TIBCO outstandin... More...

$0 (10-20-2015 - DE)

Carlyle Investment Management Group, LLC, et al. v. Moonmouth Company S.A., et al.

Non-party Carlyle Capital Corporation, Ltd. (“CCC”) was a limited company organized under the laws of the Island of Guernsey, Channel Islands in August 2006 The facts are drawn from the allegations in the plaintiffs‟ First Amended Verified Complaint (the “Complaint”), which are assumed true for purposes of the defendants‟ motion to dismiss, as well as documents integr... More...

$0 (09-14-2015 - DE)

Dov Charney v. American Apparel, Inc.

Plaintiff Dov Charney, a California resident, is the founder and former Chairman and Chief Executive Officer (CEO) of American Apparel, Inc. He is the beneficial owner of approximately 42.3% of the Company. Charney and the Company are parties to an Indemnification Agreement dated as of March 6, 2008 (the “Indemnification Agreement”), and an Employment Agreement effective ... More...

$0 (09-14-2015 - DE)

T&H Bail Bonds, Inc., et al. v. Preferred Investment Services, Inc., et al

Preferred Investment Services, Inc., (“PISI”) was a Delaware corporation involved in the financing of cash bails that were posted in various Delaware courts by T&H Bail Bonds, Inc. Edwin Swan was the owner and principal of PISI. Plaintiffs (in this action) are T&H and the other named individuals who were originally co-defendants in the Chancery Court case. The contract b... More...

$30700 (09-01-2015 - DE)

SHAUN ANDRIKOPOULOS and MICHAEL A. SANTER v. SILICON VALLEY INNOVATION COMPANY, LLC,

The main dispute between the parties is the narrow, but previously unanswered legal question of whether, in the context of a receivership estate under Delaware law, advancement claims are administrative expenses or unsecured creditor claims. If Plaintiffs’ claims are entitled to some sort of priority, there is an even narrower sub-issue of whether the Receiver’s salary and... More...

$0 (07-30-2015 - de)

Trinity Wall Street v. Wal-Mart Stores, Inc.

“[T]he secret of successful retailing is to give your customers what they want.” Sam Walton, SAM WALTON: MADE IN AMERICA 173 (1993). This case involves one shareholder’s attempt to affect how Wal-Mart goes about doing that. Appellant Wal-Mart Stores, Inc., the world’s largest retailer, and one of its shareholders, Appellee Trinity Wall Street—an Episcopal pari... More...

$0 (07-06-2015 - DE)

City of Wilmington v. Fraternal Order of Police Lodge 1

Employers and employees typically agree on terms before work commences. This common-sense custom did not prevail in the current dispute, which involves a small bargaining unit of police captains and inspectors (the â€•Bargaining Unitâ€–) employed by the City of Wilmington (the â€•Cityâ€–). Those individuals have been working since mid-2010 without a contract. Ne... More...

$0 (06-30-2015 - DE)

Longpath Capital, LLC v. Ramtron International Corporation

In this appraisal action, the petitioner asks the Court to determine the fair value of its shares in the respondent. On November 10, 2012, a third party acquired the respondent in a hostile cash merger for $3.10 per share. The deal had an equity value of approximately $110 million and paid a 71% premium over the respondent's unaffected stock price of $1.81. The petitioner acqui... More...

$0 (06-30-2015 - DE)

CMS Investment Holdings, LLC v. Lawrence E. Castle

The plaintiff in this action invested in a Delaware limited liability company (â€•LLCâ€–) whose business was providing non-legal administrative services to law firms and their mortgage lender clients in connection with mortgage foreclosures. That business was created by the principal defendants: five individuals who practiced law in Colorado and Arkansas. Seeking to monet... More...

$0 (06-23-2015 - DE)

American Mining Corporation v. Michael Theriault

This is an appeal from a post-trial decision and final judgment of the Court of Chancery awarding more than $2 billion in damages and more than $304 million in attorneys' fees. The Court of Chancery held that the defendants-appellants, Americas Mining Corporation ("AMCâ€), the subsidiary of Southern Copper Corporation's ("Southern Peruâ€) controlling shareholder, and affiliate directors ... More...

$0 (08-29-2012 - DE)

Doroshow, Pasquale, Krawitz & Bhaya v. Nanticoke Memorial Hospital, Inc.

Nanticoke Memorial Hospital filed a $160,958 hospital lien for the cost of Maria Acosta's medical treatment resulting from a car accident on July 11, 2003. The law firm of Doroshow, Pasquale, Krawitz, & Bhaya represented Acosta in a personal injury claim against the tortfeasor who caused her injuries. Nationwide Assurance Company paid $19,671.49 to settle her claim. Nanticoke argues that its hospi... More...

$0 (01-23-2012 - DE)

Sunovion Pharmaceuticals v. Mylan Pharmaceuticals Inc.

Mylan Inc. (MYL) announced Friday that a jury has rendered an unfavorable verdict in a patent infringement lawsuit filed by Sunovion Pharmaceuticals Inc., f/k/a Sepracor Inc., against Mylan Inc., Mylan Pharmaceuticals Inc., Dey Inc. and Dey Pharma, L.P. in relation to Dey's Abbreviated New Drug Application or ANDA for Levalbuterol Hydrochloride (HCl) Inhalation Solution, 0.31 mg/3 mL, 0.63 mg/3 mL... More...

$18000000 (02-11-2012 - DE)

Eugene Watson v. Wal-Mart Associates

In this appeal we consider the evidence required to prove and disprove that a claimant is a "displacedâ€ worker under the workers' compensation law. A displaced worker is a partially disabled claimant who is deemed to be totally disabled because he is unable to work in the competitive labor market as a result of a work-related injury. A claimant who is not prima facie displaced, has the burde... More...

$0 (11-21-2011 - DE)

Patricia Price v. E.I. Dupont De Nemours & Co.

Patricia Price appeals from a Superior Court order denying her Motion to Amend her household asbestos exposure complaint as futile. Because the allegations in Price's amended complaint amount to a claim against DuPont for nonfeasance, and the complaint does not allege any "special relationshipâ€ between Price and DuPont, her proposed amendments, if allowed, would be futile. Therefore, ... More...

$0 (07-11-2011 - DE)

Michelle Deuley v. Dyncorp Internationa Incorporate

In this appeal we consider whether a Superior Court judge erred by holding that under Delaware law the liability clause in civilian police officers' employment contracts released claims arising out of injuries suffered in Afghanistan. The complainants contend that the liability clause and relevant language purporting to release "any claimâ€ is insufficient to release their employer and its af... More...

$0 (12-08-2010 - DE)

Lt. Col. Keith Janowski, U.S. Army v. Division of State Police, Department of Safety and Homeland Security, State of Delaware

We address, on first impression in Delaware, whether the General Assembly explicitly waived sovereign immunity from suit by military reservists for reemployment rights. Former state trooper, Keith Janowski, asserts that the State1 violated state and federal statutes, by terminating his employment when he returned from active military duty. He urges us, in the face of state constitutional protectio... More...

$0 (10-05-2009 - DE)

King Construction, Inc. v. Plaza Four Realty, LLC

The plaintiff-appellant, King Construction, Inc. ("Kingâ€), appeals from the final judgment of the Superior Court dismissing King's statement of claim for a mechanics' lien against property owned by the defendantappellee, Plaza Four Realty, LLC ("PFRâ€). The Superior Court granted PFR's motion to dismiss because the statement of claim: first, failed to allege that PFR provided prior writ... More...

$0 (07-15-2009 - DE)

Joyce O'Neal, etc. v. State Farm Mutual Automobile Insurance Company, et al.

Joyce O'Neal, as Administrator of the Estate of Elizabeth Reader, appeals from a Superior Court order granting State Farm's motion for summary judgment. After drinking several beers and smoking crack cocaine, Reader embarked on a personal errand in a van owned by her employer and insured by State Farm. Around midnight on July 10, 2006, she pulled that van onto the shoulder of I-495. For reasons un... More...

$0 (07-23-2009 - DE)

Mark Levy v. Sterling Holding Company, LLC; National Semiconductor Corporation; Fairchild Semiconductor International, Inc.

Mark Levy filed a shareholder derivative suit on behalf of Fairchild Semiconductor International, Inc. ("Fairchildâ€) against Sterling Holding Company, LLC ("Sterlingâ€) and National Semiconductor Corporation ("Nationalâ€) for disgorgement of short-swing profits, pursuant to section 16(b) of the Exchange Act of 1934. National and Sterling contend that two separate SEC Rules, 16b-3 a... More...

$0 (10-01-2008 - DE)