Lawver v. Christiana Care Health Sys., Inc.

5 Citing cases

  1. Diaz-Roa v. Hermes Law, P.C.

    24-cv-2105 (LJL) (S.D.N.Y. Nov. 21, 2024)   Cited 1 times

    “[S]ubsequent applications of Pressman have clarified that actual falsification of documents to justify a termination decision is not required to sustain a claim that the employer breached the [implied] [c]ovenant by manufacturing a basis to terminate for cause.” Smith, 2021 WL 1592463, at *7 n.80 (citing Lawver v. Christiana Care Health Sys., Inc., 2017 WL 1167321, at *4 (Del. Super. Ct. Feb. 21, 2017)). Plaintiff cites three cases in support of her argument that she need only plead that her termination was prompted by Defendants' desire to prevent her from exercising her right to purchase her options to state a claim for breach of the implied covenant of good faith and fair dealing.

  2. Lidya Holdings Inc. v. Eksin

    C. A. 2021-0110-JRS (Del. Ch. Mar. 23, 2022)

    ("Even if defendant gave plaintiff a false reasons for his layoff, plaintiff may not recover if defendant did not actually falsify or manipulate employment records."); Addison v. East Side Charter School of Wilm., Inc., 2014 WL 4724895, at *7 (Del. Super. Ct. Sept. 19, 2014) ("Even if an employer gives a false reason for an employee's layoff, an employee may not recover under Pressman unless the employer actually falsifies or manipulates employment records."); Layfield v. Beebe Med. Ctr., Inc., 1997 WL 716900, at *5 (Del. Super. Ct. July 18, 1997) (noting that the plaintiff must show that the employer "falsified or manipulated her record to create fictitious grounds for termination").Pressman, 679 A.2d at 437; see also Lawver v. Christiana Care Health Sys., Inc., 2017 WL 1167321, at *4 (Del. Super. Ct. Feb. 21, 2017) (holding that "[m]anufacturing materially false grounds includes the falsification or manipulation of employment records to create fictitious grounds for termination") (emphasis added); Smith, 2021 WL 1592463, at *7 n.80 ("I note that subsequent applications of Pressman have clarified that actual falsification of documents to justify a termination decision is not required to sustain a claim that the employer breached the Covenant by manufacturing a basis to terminate for cause.")

  3. Smith v. Scott

    C.A. No. 2020-0263-JRS (Del. Ch. Apr. 23, 2021)   Cited 19 times   1 Legal Analyses
    Finding that allegations defendants "violated the [implied c]ovenant by purporting to fire [the plaintiff] for cause when, in fact, their sole motivation was to take his [v]ested [i]nterests without compensation" were well-pled

    I note that subsequent applications of Pressman have clarified that actual falsification of documents to justify a termination decision is not required to sustain a claim that the employer breached the Covenant by manufacturing a basis to terminate for cause. See, e.g., Lawver v. Christiana Care Health Sys., Inc., 2017 WL 1167321, at *4 (Del. Super. Ct. Feb. 21, 2017) (holding that "[m]anufacturing materially false grounds includes the falsification or manipulation of employment records to create fictitious grounds for termination" (emphasis added)). Pressman, 679 A.2d at 444.

  4. Harner v. Westfield Ins. Co.

    C.A. No. N18C-05-015 JRJ (Del. Super. Ct. Dec. 12, 2018)   Cited 4 times

    However, there are two exceptions to this general rule: (1) when the document is integral to the plaintiff's claim and is incorporated into the complaint by reference and (2) where the document is not being relied upon to prove the truth of its contents. Lawver v. Christiana Care Health Sys., Inc., 2017 WL 1167321, at *3 n.42 (Del. Super. 2017). In evaluating Westfield's 12(b)(6) motion, the Court considers the operative insurance policy because it is integral to Harner's claim and is incorporated by reference in the Complaint.

  5. Knightek, LLC v. Jive Commc'ns, Inc.

    197 A.3d 493 (Del. Super. Ct. 2018)

    However, there are two exceptions to this general rule: (1) when the document is integral to the plaintiff's claim and is incorporated into the complaint by reference; and (2) where the document is not being relied upon to prove the truth of its contents. Lawver v. Christiana Care Health Sys., Inc. , 2017 WL 1167321, at *3 n.42 (Del. Super. 2017). In evaluating Jive's 12(b)(6) motion, the Court considers the email chain because the emails between Simmons and Knight are integral to KnighTek's claims and are quoted numerous times in the Complaint.