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James H. McMackin, III

Partner

Overview

James H. McMackin, III is a partner in Morris James’ Employment Government Relations and Education Practice Group. In the group’s representation of seventeen of Delaware’s nineteen school districts, numerous municipalities, and private employers, he routinely functions as primary counsel in state and federal court and arbitrations concerning wage and hour claims, constitutional claims, discrimination claims, labor grievances, alleged unfair labor practice actions, and employment contract disputes. His clients frequently consult with him for advice and counseling, policy drafting, and compliance audits and reviews.

Jim’s peers recognize him as a leader in the field of employment litigation by nominating him to peer-reviewed recognition in Chambers USA – America’s Leading Lawyers for Business and Delaware Super Lawyers®, where he was acclaimed for his enforcement of post-employment restrictions and his defense of discrimination claims.

Experience

  • Representation of employers in all varieties of litigation and administrative proceedings, including employment discrimination, discharge, constitutional claims, wage and hour issues, unfair labor practice claims, and restrictive covenants
  • Arbitration involving employment related disputes, and the interpretation and application of collective bargaining agreements
  • Counseling aimed at avoiding employment claims
  • Counseling educational institutions on all legal issues, and representing such clients in litigation and administrative proceedings relating to discharge of employees, expulsion of students, students’ rights, Freedom of Information Act compliance, collective bargaining, and constitutional issues of due process, Freedom of Speech and the Establishment Clause

Professional Affiliations

Delaware State Bar Association

  • Labor and Employment Section, Chair, 2009-2010
  • Vice Chair, 2008-2009; Secretary, 2007-2008

American Bar Association, Labor and Employment Law Section
Board of Bar Examiners, Associate Member

Recent Matters

Garnett v. Bank of America 
Successfully obtained summary judgment with co-counsel in favor of Bank of America in a case alleging discrimination, retaliation and a hostile workplace.

Lowe v. Laurel Volunteer Fire Department
Secured summary judgment in a claim involving allegations of discrimination, retaliation and whistleblowing.

Williams v. Christina School District 
Secured a motion to dismiss in a case defining a public school employee's rights to pre-termination due process.

P.K. v. Caesar Rodney School District
Successfully dismissed Title IX claim asserted against school district alleging disparate treatment of female student in response to alleged bullying

Martin Meltzer v. City of Wilmington
Successfully dismissed many employment discrimination claims asserted against the City and numerous management employees

Diamond State Financial Services v. Newton One Advisors
Successfully argued in a Court of Chancery injunctive relief case that a former employee and his new employer did not violate post-employment restrictions in a matter brought by the former employer

City of Rehoboth Beach v. Glenn McCandless
Successfully obtained and collected a judgment against a former employee for embezzlement of the employer's resources for an amount in the six figures

Tropical Nursing, Inc. v. Ingleside Homes, Inc.
Represented the defendant by successfully arguing a motion for summary judgment on behalf of client Ingleside Homes which defeated the plaintiff’s claim to liquidated damages for a purported breach of contract to provide nursing services

NuFern Inc. v. Michael O’Connor
Working closely with out-of-state counsel in an injunctive action in the Court of Chancery, successfully proved that the plaintiff’s former employee did not breach the terms of his post-employment restrictions by working for another company in the high-tech defense laser industry

P.J. Fitzpatrick, Inc. v. Joseph Bailey
Represented the employer by successfully arguing a Motion for a Temporary Restraining Order to enforce post-employment restrictions against a former employee in an injunctive action in the Court of Chancery

Marguerite Johnson v. Delaware Technical and Community College
Successfully received an order granting case-dispositive summary judgment on behalf of client Delaware Tech in a case alleging First Amendment retaliation and Due Process Clause violations. The case was affirmed by the Court of Appeals for the Third Circuit. Plaintiff appealed to the U.S. Supreme Court. We successfully opposed certiorari

Kenneth Cole and Brigitte Brown v. Delaware Technical and Community College
Successfully received an order granting summary judgment on behalf of client Delaware Tech which defeated plaintiffs’ claims alleging a hostile work environment and retaliation

G.A. v. Indian River School District; J.G. v. Colonial School District; A.H. v. Colonial School District; J.M. v. Cape Henlopen School District; S.E. v. Brandywine School District; A.H. v. Laurel School District; N.X. v. Colonial School District
In Education Due Process hearings, successfully defended claims by parents of students identified as eligible to receive special education services alleging that the students were denied a free and appropriate public education.

L&W Insurance, Inc. v. Harrington
Represented Harrington in an action seeking to enforce a covenant not to compete. The Court denied the application for an injunction because Harrington established L&W Insurance, Inc. breached the agreement creating the covenant not to compete

Kenneth Mitchell v. Wachovia, Inc.
Working closely with out of state counsel, successfully received an order granting case-dispositive summary judgment on behalf of client Wachovia in a case alleging racial and gender discrimination and retaliation

Publications

Articles & Publications

News & Events

Community

Community

Children & Families First

  • Board Member, 2011-Present
  • Executive Committee
  • Chair of Personnel Committee

Ducks Unlimited - New Castle County

  • Committee Chair, Life Sponsor
  • 2016 State Chairman of the Year

Claymont Community Center, Director, 2006-2009
Archmere Academy Alumni Council, Former Member
Sigma Phi Epsilon
Chatham Homeowners Association, Representative
ALFA International, Labor & Employment Committee

Recognition

Honors

Best Lawyers® 2018

Delaware Today® Top Lawyers, 2014-2017

  • 2017 Top Vote-Getter for Employment/Labor

Chambers USA, Labor and Employment, 2016-2017 

  • 2012-2015, Up and Coming in Labor and Employment

Delaware Super Lawyers®, Rising Stars, 2012

Martindale-Hubbell®, AV Preeminent Rating

Moot Court Honor Society

Phi Delta Phi Society

Phi Kappa Phi Society

T 302.888.5849
F 302.571.1750

Clerkships

Intern for The Honorable Jane R. Roth, U.S. Court of Appeals, Third Circuit

Admissions

Delaware, 2002

U.S. District Court for the District of Delaware

U.S. Court of Appeals, Third Circuit

Education

Widener University Delaware Law School, J.D., cum laude, 2002

Muhlenberg College, B.A., 1996

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