Potter Anderson & Corroon Secures Victory for DuPont in Employment Suit

WILMINGTON, Del. (July 3, 2006) – Potter Anderson & Corroon LLP is pleased to announce a jury has found for its client, DuPont, in a workers compensation retaliation lawsuit, one of only a few such cases to be tried in Delaware.  The case, Robert E. Pekala v. E.I. Du Pont De Nemours and Company, Inc., was heard in the Superior Court of the State of Delaware in and for New Castle County.

In a verdict issued May 12, 2006, the jury found that the plaintiff had not proven that his on-going workers compensation claim was a factor in DuPont’s decision to eliminate his position in  a 2001 reduction in force in DuPont’s Crop Protection business.  The jury also found that DuPont did not breach the implied covenant of good faith and fair dealing in terminating the plaintiff’s employment.  The plaintiff had alleged that he was targeted for termination because he had a workers compensation claim relating to his sensitivity to mold.

“This is a complete vindication for our client and we are pleased by the result,” said Kathleen Furey McDonough and Jennifer Gimler Brady, partners with Potter Anderson and lead trial counsel to DuPont in the case.  “We consistently maintained that our client acted appropriately in its dealings with the plaintiff and are gratified to see that was recognized by the jury.”

McDonough and Brady are available for interviews.

Potter Anderson & Corroon LLP is a general practice law firm based in Wilmington, Del., that has been providing legal advice to local businesses, governmental and non-profit entities and individuals, as well as some of the largest national and multinational corporations, for more than 180 years.