Gibbs v. Perdue Farms, Inc.

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IN THE SUPREME COURT OF THE STATE OF DELAWARE TYRONE F. GIBBS, Plaintiff Below, Appellant, v. PERDUE FARMS, INC., Defendant Below, Appellee. § § § § § § § § § § § No. 661, 2012 Court Below Superior Court of the State of Delaware, in and for Sussex County C.A. No. S12A-04-003 Submitted: February 7, 2013 Decided: April 22, 2013 Before BERGER, JACOBS, and RIDGELY, Justices. ORDER This 22nd day of April 2013, the Court has considered the appellant s opening brief, Perdue Farms motion to affirm, and the record below. We conclude that the judgment below should be affirmed on the basis of the Superior Court=s well-reasoned decision dated November 28, 2012. The UIAB s conclusion that the appellant s undisputed dishonesty was just cause for his discharge is supported by substantial evidence and free from legal error.1 NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED. BY THE COURT: /s/ Jack B. Jacobs Justice 1 See Sweeney v. Del. Dep t of Transp., 55 A.3d 337, 341 (Del. 2012) (citation omitted).

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