Jury Awards $1.5 Million in Breastfeeding Discrimination Case
Attorney Patrick C. Gallagher of Jacobs & Crumplar, P.A. successfully represented the Plaintiff in a nationally-recognized breastfeeding discrimination case. A Delaware woman was awarded $1.5 million in damages for the gender discrimination and hostile work environment she endured while working for the KFC chain in Camden and Dover, Delaware.
Case Background
After giving birth to her son in 2014, the female employee was told that she would be able to pump breast milk during her breaks. However, her colleagues and supervisors made it considerably difficult for her to take breaks for this purpose. Doctors recommend breastfeeding mothers pump every two hours, those she was often provided only one break during her 10-hour shifts.
The woman initially pumped in a bathroom stall before being asked to use her manager’s office. There, she had very little privacy due to the windows and surveillance cameras positioned throughout the office. She was later demoted and moved to another restaurant location. There, her new coworkers complained about the “breaks” she received for pumping. All these factors ultimately led the woman to give up nursing her child.
A Win for Equality in the Workplace
Aided by attorney Patrick C. Gallagher, the woman filed a lawsuit in the U.S. District Court against the KFC/Taco Bell franchise. The jury found in favor of the plaintiff and ordered KFC to pay her $25,000 in compensatory damages and $1.5 million in punitive damages.
If you have experienced workplace discrimination or another employment law issue, the Dover employment lawyers at Jacobs & Crumplar, P.A. will zealously advocate for your rights. For more information or to schedule a confidential consultation, contact us online or call 302-656-5445. We represent clients throughout Delaware from our offices in Wilmington and Georgetown.
To read more about this case, please see this article published on Delaware Online.
Jacobs & Crumplar, P.A. Representing Plaintiff in Abuse Suit Against Cape Henlopen High School
Jacobs & Crumplar, P.A. is representing the plaintiff in a sexual misconduct and harassment suit against the Cape Henlopen High School district in Lewes, Delaware, the former and current principals, the former theater director, and the school board. The lawsuit, filed on Wednesday in the Sussex County Superior Court, alleged that the former theater director made incendiary and racist comments to several students and touched the plaintiff in an inappropriate manner. Students accused the director of assaulting a student by throwing a power drill at another student’s head.
Although the plaintiff and another student filed incident reports about the director’s misconduct in 2015, no action was taken by the school after promises that the matter would be investigated and that the director would be banned from interacting with students on campus. In 2017, the director remained at his job. The State Police reported that they did not receive any notification about the director or any sexual misconduct allegations. Compensatory and punitive damages will be sought by the student and her family for the trauma experienced after the director’s misconduct against the student and the lack of action taken by the school despite their promises to do so. Both the theater director and former principal who dismissed the severity of the accusations were discharged from their jobs.
If you or someone you love became a victim of sexual misconduct, harassment, or discrimination, the Dover sexual abuse lawyers at Jacobs & Crumplar, P.A. will handle your case with discretion and compassion. For more information or to schedule a confidential consultation, contact us online or call 302-656-5445. We represent clients throughout Delaware including Dover and Georgetown.
To read more about this case, please see the article in Delaware Online.
Medical Marijuana Patient Allowed to Proceed Against Kraft Heinz Foods Co for Discrimination
Today, in the Kent County Superior Court, Plaintiff Jeremiah Chance was allowed to proceed on his claim of discrimination under the Delaware Medical Marijuana Act (“DMMA”). The DMMA was passed by the General Assembly and signed by the Governor to allow for the medical use of marijuana by patients when certain requirements are met. The DMMA also prohibits discrimination against patients in certain situations who lawfully possess a medical marijuana card or who have a card and test positive for marijuana.
Mr. Chance was terminated after he tested positive for marijuana in a drug test despite the fact that he possessed a medical marijuana card issued pursuant to the DMMA. Mr. Chance filed a lawsuit alleging, among other things, discrimination for being a medical marijuana cardholder. Defendant Kraft Heinz Foods Company moved to dismiss Mr. Chance’s Complaint claiming, in part, the DMMA did not allow patients to sue for discrimination by their employers. Defendant also argued the DMMA was preempted by the federal Controlled Substances Act (“CSA”), which prohibits marijuana. The Superior Court denied Kraft Heinz Foods Company’s Motion to Dismiss the count of the Complaint based on the DMMA, finding that an employee did have a private right of action against his or her employer when the DMMA’s antidiscrimination provision was violated. Additionally, the federal CSA did not conflict with or preempt the DMMA’s anti-discrimination provision. Mr. Chance’s claim under the DMMA can now proceed to the discovery phase of litigation.
Plaintiff is represented by Patrick C. Gallagher, Esq., of Jacobs & Crumplar, P.A. According to Mr. Gallagher, “This is an important decision for medical marijuana cardholders in Delaware. The Superior Court upheld the clear intention of the General Assembly to protect medical marijuana cardholders from being victims of discrimination at work because of their medical needs and treatment. Delawareans who have medical marijuana cards cannot generally be fired for that reason.”
If you have questions about an employment law issue, contact the experienced Delaware employment lawyers at Jacobs & Crumplar, P.A. to schedule a consultation. Call 302-656-5445 today or contact us online. We have offices in Wilmington and Georgetown, Delaware to represent clients across the state.
Jacobs & Crumplar to Partner with The D’Onofrio Firm to Fight Clergy Abuse
The legal team at Jacobs & Crumplar, P.A. is pleased to announce that we will partner with Heather D’Onofrio at The D’Onofrio Firm to represent survivors of clergy abuse. This newly forged partnership was created to offer a powerful level of advocacy to those who have suffered the trauma of clergy abuse, and to better serve the increasing number of individuals who are courageously coming forward to seek justice. Jacobs & Crumplar attorneys have the distinction of securing the largest verdict in U.S. history against a church for clergy sex abuse. The team has successfully brought more civil clergy sex abuse cases to trial than any attorney in Pennsylvania.
Attorneys at Jacobs & Crumplar are devoted to this cause, and that dedication is reflected in their decision to open another office in Pennsylvania to handle these cases. That office, located at 10 Beatty Road, Suite 200, in Media, can be reached at 484-207-7585. Our attorneys and staff will treat you with compassion, understanding, and respect. We have extensive experience working with sexual abuse survivors and are trained on the unique aspects of these types of cases. All calls are confidential.
Clergy Abuse Lawyers at Jacobs & Crumplar, P.A. Advocate for Victims Across Pennsylvania and Delaware
If you have experienced sexual abuse, we understand the trauma you may be dealing with, as well as the courage it takes to step forward. We will provide powerful advocacy to hold the guilty accountable and recover compensation for the harm you have suffered. We understand that your attacker may have been a member of the clergy or someone else associated with a religious institution who occupied a role of trust. We also understand that your experience may have occurred many years ago – but we are here to fight on your behalf. Call a clergy abuse lawyer at Jacobs & Crumplar, P.A. at 800-355-1818, or contact us online. To reach us at one of our two Delaware offices in Wilmington and Georgetown.
Lawsuit Blames City of Wilmington for Firefighters’ Deaths
Attorneys at Jacobs & Crumplar, P.A. and the Neuberger Firm have filed a federal lawsuit against the City of Wilmington. The 75-page lawsuit claims the death of three firefighters and serious injuries to others in the 2016 Canby Park blaze could have been prevented. The issue at hand is the city’s rolling bypass policy, which takes engines out of service during shifts. The policy, which was put in place in 2009 under former Wilmington Mayor James Baker in effort to save on overtime costs, is still in use today. The lawsuit alleges city officials willfully ignored repeated warnings that the policy was ineffective in saving the city money, and worse, put lives at risk.
Click here to read more.
Delaware Civil Rights Lawyers at Jacobs & Crumplar, P.A. Advocate for Delaware Firefighters and Other First Responders
For more information on the services we provide, call Jacobs & Crumplar, P.A. today at 302-656-5445 to discuss your case with a dedicated Delaware civil rights lawyer. You can also contact us online.
Canby Park Fire Victims to File a Federal Lawsuit
Attorneys at Jacobs & Crumplar, in cooperation with The Neuberger Firm, will hold a press conference on Thursday, August 16 at 11 a.m. to announce the filing of a federal lawsuit stemming from the 2016 Canby Park blaze that took the lives of three firefighters and injured another. As we reported in an earlier post, the two firms are working together to bring justice for the victims and their families and hopefully prevent future tragedies.
The press conference will be live streamed on Delaware Online. For more information, click here.
The Delaware civil rights lawyers at Jacobs & Crumplar, P.A. are passionate about helping firefighters and first responders who have been injured in the line of duty. To learn more about what we can do for you, please call 302-656-5445 to arrange a free consultation or contact us online. From our Wilmington and Georgetown, Delaware offices, we represent clients in Delaware, Pennsylvania, New Jersey, and across the nation.
Mountaire Farms Focuses on PR “Clean-up” Rather than Agricultural Cleanup
As lawsuits loom, Mountaire Farms is embarking on a public relations campaign to clean up its image rather than deal with the real fallout from the company’s dirty waste disposal practices and violations at its poultry processing plant. The Millsboro-area poultry giant is now using television, radio, and newspaper ads to soften its image, and to deflect attention away from substantiated claims that the company has created dangerous toxic conditions in area groundwater.
Mountaire Farms processes approximately two million chickens every week. The plant has been cited for dozens of violations by Delaware environmental regulators. Those violations include spraying highly contaminated effluent on the surrounding countryside. That waste contained more than 5,500 times the legal limit of fecal coliform and more than 41 times the legal limit for nitrogen.
Naturally, area residents are outraged that their water has been polluted, and that their health has been and will continue to be at risk. Attorney Thomas Crumplar, a member of the legal team representing dozens of the residential neighbors of Mountaire Farms, has filed suit on local residents’ behalf based on years of repeated violations by the poultry processer.
In recent years many area residents have experienced a variety of health problems that are believed to be connected to the groundwater pollution. The elevated nitrate levels caused by the plant’s dissemination of waste pose a threat to the local population, and an even more dangerous threat to children under six months old. When ingested, as it has been in the area for many years through the drinking water, nitrate is completely and quickly absorbed from the upper small intestine, and then distributed throughout the body. High rates of nitrates can cause a sometimes-fatal blood disorder in infants under six months of age.
Other potential adverse health effects of nitrate contaminated water include thyroid malfunction, gastrointestinal malfunction, congenital malformations, cardiac disorders and malfunction, inflammatory reactions – including asthma, and more. One local resident died after suffering an acute asthma attack, having been subjected to odors and air pollution caused by the poultry plant. In addition to health complaints and the complete upheaval of their daily lives, residents are also suffering from diminished property values.
If you believe you have been affected by Mountaire Farms’ contamination, or if you wish to discuss an unrelated matter, please contact a Delaware toxic tort lawyer at Jacobs & Crumplar, P.A. by calling 302-656-5445 or contact us online. The firm represents clients in upstate and downstate Delaware from their offices in Wilmington and Georgetown, Delaware.
To read more about this case as reported by Delaware Online, click here.
Federal Judge Confirms Attorney Gallagher’s Client’s Softball Injury Case
A federal judge confirmed a softball injury case on Friday that Attorney Patrick C. Gallagher of Jacobs & Crumplar, P.A. is handling. Mr. Gallagher is representing a prisoner from Vaughn Correctional Center who sustained a serious arm injury after colliding with another player during a softball game in August 2014. He could not receive the appropriate surgical procedure to repair his arm since the window for post-injury surgery passed before he saw an orthopedist. The ruling states that the claims that he filed against the former warden and two deputy wardens at the prison will not be dismissed. After the injury occurred, Mr. Gallagher’s client has limited use of his arm and is considered permanently disabled.
The Dover personal injury lawyers at Jacobs & Crumplar, P.A. represent personal injury victims throughout Delaware including Wilmington and Georgetown. For more information, contact us online or call 302-656-5445.
Neighbors File Second Mountaire Lawsuit
Wrongful death alleged
http://www.milfordbeacon.com/news/20180718/neighbors-file-second-mountaire-lawsuit
Attorney Thomas C. Crumplar Featured on Mortification of Spin Podcast
Thomas C. Crumplar of Jacobs & Crumplar, P.A. was featured on the latest Mortification of Spin podcast. In the podcast titled “Defender of the Weak,” Mr. Crumplar discusses sexual abuse and what steps leaders of businesses and other institutions must take when it is reported. The podcast also highlighted his successful representation of sexual abuse victims in many cases including litigation against the Roman Catholic Dioceses in Delaware.
Visit this link to listen to the podcast: Mortification of Spin Defender of the Weak.
The Wilmington sexual abuse lawyers at Jacobs & Crumplar, P.A. represent victims of sexual abuse throughout Delaware including Dover and Georgetown. For more information contact us online or call 302-656-5445.