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Keri L. Morris-Johnston

Portrait of Keri L. Morris-Johnston

Keri's practice is devoted to Delaware workers' compensation and employment law defense (including discrimination and whistleblower protection), in addition to federal employment law defense. Throughout her legal career, she has represented clients including automobile assembly plants, nursing homes, hospitals, security companies and retailers in matters pertaining to workers' compensation and employment law. She is also experienced in handling matters for non-profits and fast food franchises, and advising clients in relation to owner controlled insurance policies. Keri is especially adept at assisting and educating small employers on issues pertaining to workers' compensation.

In addition to managing the Workers' Compensation Department in the Wilmington office, Keri has also served as a member of the firm's Executive Committee Advisory Council, a distinguished group of firm leaders whose purpose is to enhance the communication between the Executive Committee and younger members of the firm's professional ranks.

While attending Widener University School of Law, Keri worked for the Delaware Department of Labor, where she handled a wide variety of employment, labor and civil rights issues. Keri investigated allegations of employment discrimination and wage and hour violations, including alleged prevailing wage violations and child labor violations. 

Keri is a graduate of the University of Delaware, where she received a Bachelor of Arts degree in Criminal Justice. She remains involved with her alma mater, serving as an advisor for the Alpha Sigma Alpha sorority.

    • Widener University Delaware Law School (J.D., 2003)
    • University of Delaware (B.A., 1998)
    • Delaware, 2005
    • U.S. District Court for the District of Delaware, 2005
    • U.S. Court of Appeals 3rd Circuit, 2005
    • Top Lawyer, Workers' Compensation for Employers, Delaware Today (November 2026)
    • The Best Lawyers in America®, Workers' Compensation Law - Employers (2023-2027)
    • Top Lawyer, Workers' Compensation Employer Defense, Delaware Today (November 2024)
    • Top Lawyer, Workers' Compensation Employer Defense, Delaware Today (November 2022)
    • Top Lawyer, Workers' Compensation for Employers, Delaware Today (November 2020)
    • Associated Builders and Contractors, associate member, Legislative and Legal Rights Committee
    • Delaware State Bar Association; member, Workers' Compensation Section
    • Randy J. Holland Delaware Workers' Compensation Inn of Court
    • Whoops I Did It Again - The Legal Implications of Successive Injuries, panelist, Delaware State Bar Association and the Industrial Accident Board Workers' Compensation Seminar 2023, Wilmington, Delaware, May 2, 2023
    • Considerations Surrounding a Discharge, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • A State-By-State Guide to Avoiding Attorneys' Fees and Sanctions, Marshall Dennehey Workers' Compensation Seminar, October 27, 2022
    • Ethics and the Practice of Workers’ Compensation, Delaware State Bar Association William D. Rimmer Workers’ Compensation Seminar 2022, Wilmington, Delaware, May 3, 2022
    • Workers' Compensation Winter Roundup, Graham Company webinar, December 15, 2020
    • Understanding the Debate with the ADA, FMLA and Workers’ Compensation, Marshall Dennehey webinar, October 27, 2020
    • Subsequent Injury and Successive Carrier Liability, Holland Inns of Court, October 13, 2020
    • Ethical Considerations During COVID-19, Delaware State Bar Association, September 15, 2020 
    • Pot For Pain, Marshall Dennehey Workers' Compensation Seminar, October 25, 2018
    • Ingredients for Successfully Defending Claims for Work Injuries at Home, Marshall Dennehey Workers' Compensation Seminar, October 19, 2017
    • Defense Counsel Wish List, Marshall Dennehey Workers' Compensation Seminar, October 27, 2016
    • Put Me In Coach: Top 10 Opportunities in Claims and Litigation Management, Marshall Dennehey Workers' Compensation Seminar, October 22, 2015
    • Employment Law Update and Workers' Compensation Basics, Delaware State Dental Society, Dover, Delaware, March 19, 2015
    • Case Law Update, Delaware State Bar Association Workers' Compensation Seminar, January 21, 2015
    • Navigating The Bermuda Triangle: The Intersection of Workers' Compensation, FMLA and ADA, Roadmap to Success - Understanding Workers' Compensation, Marshall Dennehey seminar, October 24, 2013
    • Prevailing Wage Law in Delaware, April 2005
    • "New EEOC Procedures for the Release of Position Statements" and "EEOC Lawsuits Challenge Sexual Orientation Discrimination as Sex Discrimination," Legal Updates for Employment Law, May 2016
    • "Workers’ Compensation Benefits and Unemployment Compensation Benefits … Are Injured Workers Entitled to Both?," Defense Digest, Vol. 20, No. 3, September 2014
    • "Delaware Whistleblowers' Act Applies to Constructively Discharged Employees?," Defense Digest, Vol. 18, No. 4, December 2012
    • Case Law Alerts, regular contributor, 2011-present
    • "Updates To Delaware's Workers' Compensation Statute," Defense Digest, Vol. 13, No. 4, December 2007

Results

Thought Leadership

Case Law Alerts

Court Finds Employee Was Not a Qualified Individual Under the ADA

November 3, 2026

In Williams v. Walmart, Inc., Cameron Williams, proceeding pro se, alleged wrongful discharge due to disability and failure to accommodate under the Americans with Disabilities Act (ADA), the Delaware Persons with Disabilities Employment Protections Act (DPDEPA) and retaliation under the Delaware workers' compensation law, against Walmart, after being terminated on September 17, 2022. Williams sustained a work-related low back injury on July 23, 2022, while working in a physically demanding role that required lifting up to 60 pounds, prolonged standing, and climbing. After his injury, he was given work restrictions and Walmart offered Williams several positions under its Temporary Alternate Duty (TAD) program to accommodate these medical restrictions. During the period June through September 2022, Williams accrued seven unauthorized absences. Under Walmart's Attendance Policy, accumulating five or more occurrences in a rolling six-month period subjects an employee to termination. Williams applied for a leave of absence through Walmart’s third-party administrator. The leave request was denied for lack of medical documentation. Williams was terminated for violating the attendance policy. The Court granted Walmart summary judgment on all claims. The disability and failure to accommodate claims failed because Williams admitted his medical restrictions prevented him from performing the essential functions of his prior position. The Court found that Williams was not a "qualified individual" under the ADA. Further, Walmart accommodated his restrictions by offering him several Alternate Duty positions. Williams workers' compensation retaliation claim failed because there was no evidence of a causal connection between Williams’ comp claim and his termination. The retaliation claims under the disability statutes also failed because filing a workers' compensation claim is not a protected activity. The Court also found that Williams’ leave of absence request was managed by a third-party administrator with no link to Walmart's personnel decisions. This is a positive case for Employers. Employers should: Maintain clear, written descriptions of the physically demanding requirements of each job (e.g., lifting limits, standing durations, and climbing requirements). This will assist the Court in evaluating whether a Plaintiff can perform the essential functions of the position. Offer temporary, modified roles that align with an employee's medical restrictions to show evidence of an employer's efforts to accommodate. Ongoing efforts to offer positions within any work restrictions will assist with insulating the Employer from failure-to-accommodate liability. Maintain neutral attendance policies and apply them consistently. This will provide evidence of a legitimate, nondiscriminatory reason for termination. When applied uniformly, this should prevent Plaintiffs from arguing that the policy was used as a pretext for discrimination. Use Third-Party Administrators for leave management. When a third party makes the leave decisions, this protects the Employer from retaliation claims. When a third party makes the decisions on whether to approve leave requests, it becomes difficult for an employee to establish a causal relationship between the request and subsequent disciplinary action. Require complete medical documentation. Ensure that any requests for medical leaves of absence are backed by sufficient, timely documentation. Failure of an employee to comply with a request for the required medical documentation by a deadline will provide a legally defensible practice.

What's Hot in Workers' Comp

Delaware Supreme Court Affirms Denial of Workers' Compensation Claim Based on Witness Credibility

September 22, 2026

The Delaware Supreme Court affirmed a Superior Court decision upholding the Industrial Accident Board's denial of a petition for workers' compensation benefits. The Court ruled that the Board's decision was supported by substantial evidence, deferring to the Board's findings regarding witness credibility and medical expert testimony. Prince Parker worked for The Borsello Companies, Inc., where his duties included operating a forklift and mixing mortar. He alleged a lumbar spine injury on February 19, 2024 and reported his injury immediately, although the company denied receiving any such report. It was not until ten days later, on February 29, 2024, Parker sent a text message to a project manager stating his work activities were "screwing [his] back up." Parker was advised to contact the company president. There was no evidence he did and continued his normal work activities. In mid-March 2024, Parker was terminated for insubordination. On March 21, 2024, over a month after the alleged work incident, Parker went to the emergency room for back pain.  Emergency room records reflected Parker reported his back pain had been ongoing for over a year, denied any recent trauma, and stated he had not followed up on a prior referral to see a specialist. After the employer denied the claim for benefits, Parker filed a petition with the Board seeking wage loss benefits and payment of outstanding medical bills. The Board heard conflicting medical expert testimony and testimony from the claimant and employer witnesses. The Board, after hearing the testimony, denied Parker's petition, finding that he failed to establish a compensable injury. They did not find Parker’s testimony credible that he suffered a work injury. The Superior Court subsequently affirmed the Board's decision. On appeal, the Delaware Supreme Court addressed and rejected several challenges raised by Parker. Most importantly, the court emphasized that under Delaware law, the Board has exclusive responsibility for weighing evidence, determining witness credibility, and resolving conflicts in testimony.  The court deferred to the Board's decision to find Parker’s testimony not credible due to his ten-day delay in reporting back pain, his failure to seek immediate medical treatment, and his emergency room statements denying recent trauma.  Since the claimant’s expert relied on the information from Parker, his opinion was discredited. The Board properly found the defense expert’s opinion more persuasive. It is extremely important to ascertain all information related to when the alleged injury occurred, how it occurred and determine if the injured worker is providing the same version of events to the medical providers and the claims handler. Cases turn on credibility and the Board is tasked with making those findings.

Firm Highlights

Thought Leadership

The Search-Incident-to-Arrest Doctrine Does Not License Strip Searches

In Beatty v. Gardner, No. 25-2860 (3d Cir. Sept. 16, 2026), Kyle Beatty sued police officers Clinton Gardner and Calvin Irvin under 42 U.S.C. § 1983 after they stopped, arrested, and searched him three times during a drug investigation in Williamsport, Pennsylvania. The officers initially smelled marijuana coming from the car in which Beatty was sitting and observed marijuana residue, giving them probable cause to arrest him. Beatty consented to the first pat-down, and the second search was conducted incident to his lawful arrest; neither search uncovered weapons or contraband. The officers then transported Beatty to the police station solely to strip-search him, but the strip search also revealed nothing. The District Court granted the officers summary judgment, concluding that the initial stop, arrest, and first two searches were reasonable and that qualified immunity protected the officers from liability for the strip search. The Third Circuit affirmed, but held that the strip search itself violated the Fourth Amendment. The court concluded that the search-incident-to-arrest doctrine does not automatically permit officers to strip-search an arrestee outside the jail or prison setting. Because strip searches are highly intrusive and the traditional justifications for searches incident to arrest (officer safety and preservation of evidence) did not justify the search of Beatty, the officers generally needed either the arrestee’s consent, exigent circumstances, or a warrant supported by probable cause to believe that a search beneath the clothing would reveal weapons, contraband, or evidence. Here, the officers had none of those justifications. Nevertheless, the court held that qualified immunity barred damages liability because, at the time of the search, the right against a warrantless strip search of an arrestee outside the institutional setting was not clearly established by Supreme Court or Third Circuit precedent. The court likewise upheld qualified immunity on Beatty’s First Amendment retaliation claim and affirmed summary judgment for the officers.

Thought Leadership

Two Tracks, No Preclusion: Ohio Supreme Court Preserves Separate Damages Claims After Chapter 2506 Appeals

The Supreme Court of Ohio has clarified that an administrative appeal under Ohio Revised Code Chapter 2506 does not bar a separate action for damages and declaratory relief that could not have been pursued in the administrative appeal. The Ohio Supreme Court considered Sheetz, Inc. v. Centerville (2026-Ohio-3531) as a result of a certified question from the Southern District of Ohio. The question was whether Sheetz, the gas station/convenience store brand, was barred from seeking damages in a separate action since damages were not sought in their administrative appeal. Ultimately, the Ohio Supreme Court ruled that res judicata does not bar a separate action for damages after ruling on an administrative appeal because R.C. Chapter 2506 is limited to judicial review and cannot grant affirmative relief. The case arose after Centerville’s city council rejected a site plan proposed by Sheetz, Inc. that had received unanimous approval from the City’s planning commission. Sheetz filed an administrative appeal pursuant to R.C. 2506 in the Montgomery County Court of Common Pleas, and two months later filed a complaint for damages and declaratory relief under 42 USC § 1983 as a takings action with the city, city council, and other objectors as improper takings and a violation of due process, as well as interference with business and contractual relationship. The city and city council removed the § 1983 action for damages to federal court. Montgomery County Court of Common Pleas reversed the city council’s denial, and allowed the Sheetz project to move forward. Upon that ruling, the federal court issued a show-cause order questioning whether the § 1983 action was barred by the doctrine of res judicata via claim preclusion (which includes all theories of recovery).  Sheetz argued that Ohio courts of common pleas do not have authority to award damages or declaratory relief as party of the R.C. Ch. 2506 appeal, therefore res judicata could not be triggered to apply to the § 1983 action. Additionally, Sheetz moved to certify the issue to the Ohio Supreme Court, citing differing results between the second and sixth districts on this same issue. Centerville approached the question, not from a claim preclusion standpoint, but from the holding in Grava v. Parkman, Twp which states that a final judgment rendered on the merits bars all subsequent action based on the same transaction or occurrence.  In yet another approach, an objector argued that claim preclusion was satisfied because Sheetz could have raised its damages claims in the administrative appeal – Sheetz disagrees. In their analysis, the Supreme Court of Ohio broke down the elements of a claim preclusion analysis: 1) a prior final, valid decision on the merits by a court of competent jurisdiction; (2) a second action involving the same parties, or their privies, as the first; (3) a second action raising claims that were or could have been litigated in the first action; and (4) a second action arising out of the transaction or occurrence that was the subject matter of the previous action. The Court held that R.C. Ch. 2506 does not permit a party to argue damages as R.C. Ch. 2506 limits the common pleas jurisdiction as if it were sitting on appeal, and therefore can only affirm, reverse, vacate, or modify the appealed order, or can remand the case to the administrative body. Further, the Court held that Grava’s conclusion that a final judgment precludes additional litigation for different relief is inapplicable under this fact pattern because it was meant only to apply to those matters in which the plaintiff brings the exact same case twice, but for new relief. The Court found Grava was inapplicable because Sheetz could have requested damages or declaratory relief in the R.C. 2506 appeal. Therefore, Grava would be nothing more than dicta if it even did apply. Going further, the Ohio Supreme Court disavowed Sixth Circuit precedent which, in reliance on Grava and other district court decisions, permitted an owner to seeking relief under 42 U.S.C. § 1983 alongside an administrative appeal. See Moore v Hiram Twp., 988 F.3d 353 (6th Cir.2021). The Ohio Supreme Court found that the Sixth Circuit had disregarded a critical decision in Community Concerned Citizens, Inc. v. Union Twp. Bd. of Zoning Appeals, 1993-Ohio-115, which clearly held that a R.C. Ch. 2506 appeal cannot be combined with a complaint seeking other claims for relief. Id. at ¶ 11. To that end, the Ohio Supreme Court has determined that the decisions Moore relied on (outside of Grava) are no longer good law, and that Moore was wrongly decided. The decision draws a clear procedural boundary: Chapter 2506 provides judicial review of an administrative decision, not a forum for independent claims seeking affirmative relief. Although Grava may place claims arising from a single transaction within the potential scope of claim preclusion, those claims are not barred unless the complete claim-preclusion test is satisfied. Because Sheetz could not have pursued damages or declaratory relief in its Chapter 2506 appeal, the separate action was not precluded. The remaining question for practitioners looking to apply or defend against this exception is when does the statute of limitations begin to run on damages and declaratory relief claims related to an administrative decision on appeal? A takings action in federal court has a 2-year statute of limitations, or as a state claim, 4 years (like the other tortious claims raised therein). Correlating this case with others, an administrative appeal will not likely toll the statute of limitations on claims based on a final decision by a municipal authority. Therefore, practitioners should look for these cases to be brought simultaneously.

Thought Leadership

Pennsylvania Supreme Court to Review Whether Legal Malpractice Claims May Be Recast as Breach of Contract Claims

The Pennsylvania Supreme Court recently granted allowance of appeal to consider whether a plaintiff may pursue a breach of contract claim against an attorney based on allegations that the attorney failed to provide competent legal services. The issue is significant in professional liability litigation because it concerns whether a plaintiff may avoid the statute of limitations applicable to professional negligence claims by characterizing the alleged misconduct as a breach of contract. Antoine Poteat retained attorneys Gary Asteak and Nino V. Tinari to represent him in a criminal matter. After his conviction was subsequently overturned through a Post Conviction Relief Act proceeding, Poteat filed suit against his former attorneys alleging that they breached their retainer agreements by failing to provide competent legal services. The attorneys argued that the claims sounded in professional negligence, rather than breach of contract, and were therefore time-barred. The trial court dismissed Poteat’s complaint, but the Superior Court, sitting en banc, reversed. The Superior Court held that the gist-of-the-action doctrine did not bar Poteat’s breach of contract claim because the alleged failure to provide competent legal services could constitute a breach of the parties’ agreement. The Court further held that a legal-services agreement contains an implied duty requiring an attorney to provide competent legal services, even where the agreement does not contain an express provision requiring such services. The Pennsylvania Supreme Court granted review in July 2026 and will consider whether the Superior Court’s decision conflicts with Pennsylvania precedent distinguishing contract and tort claims, including Bruno v. Erie Insurance Co. The Supreme Court will also address whether a plaintiff may maintain a breach of contract claim based on an implied duty to provide competent legal services without identifying a specific contractual provision that was breached. The Supreme Court’s decision could have significant implications for professional liability litigation in Pennsylvania, particularly where plaintiffs seek to characterize claims arising from alleged professional negligence as contractual claims.