Eric T. Berkman

Reporter at Massachusetts Lawyers Weekly

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Articles

Plaintiff need not prove handicap to sustain retaliation verdict

2 weeks ago | masslawyersweekly.com | Eric T. Berkman

In brief1st Circuit affirms employee’s right to claim retaliation under Chapter 151B. Employer argued no termination occurred and employee could not sustain claim without proving he in fact suffered handicap. Jury found plaintiff was retaliated against for seeking accommodation. Damages were reduced due to prior NLRB settlement.
COA: Judge wrongly ignored prenup in divorce ruling

2 weeks ago | milawyersweekly.com | Eric T. Berkman

SUMMARY:Court of Appeals says trial court wrongly ignored a valid PNA. Prenup defined marital and separate property, barred spousal support. Judge awarded wife part of husband’s separate assets and support. COA vacated property division and support order for reconsideration.
Litigation privilege bars counterclaims in noncompete case

2 weeks ago | rilawyersweekly.com | Eric T. Berkman

Highlights: R.I. Supreme Court upholds dismissal of sales rep’s counterclaims Testimony in injunction hearing protected by litigation privilege Noncompete enforceable despite merger ambiguity Constructive discharge claim fails for lack of supporting facts A sales rep whose former employer sued him for allegedly violating his non-competition and non-solicitation agreement could not countersue over purportedly fraudulent statements made by one of the employer’s executives during a preliminary...
WCC rules it lacks authority to resolve fee spat between attorneys

2 weeks ago | rilawyersweekly.com | Eric T. Berkman

Highlights:WCC lacks jurisdiction to decide fee disputes between attorneys. Appellate Division cites G.L. §28-35-12(b)(3) directing mediation. Superior Court deemed proper venue for unresolved fee issues. Two similar cases consolidated with consistent rulings. The Workers’ Compensation Court lacked jurisdiction to apportion a counsel fee award between an injured employee’s original attorney and the subsequent lawyer who secured her settlement, the court’s Appellate Division has found.
‘Prior knowledge’ clause bars legal malpractice action

3 weeks ago | masslawyersweekly.com | Eric T. Berkman

In brief BLS judge finds malpractice claim excluded by “prior knowledge” clause Attorney disqualified for conflict of interest in noncompete case Appeals Court had suggested ethical breach by using confidential info Insurance coverage denied for foreseeable malpractice claim A professional liability insurance policy did not cover a malpractice claim brought against an attorney who drafted a company’s standard noncompete agreement before representing one of the company’s principals against...
Highly compensated employee misclassified as salaried

1 month ago | milawyersweekly.com | Eric T. Berkman

SUMMARY: Employee earned $270K+ annually through hourly-based structure Guaranteed $800/week for 8 hours; all other time paid hourly Lower court ruled he was exempt from overtime under FLSA 6th Circuit reversed, citing Helix decision from SCOTUS Ruling strengthens salary basis requirements for exemption The 6th U.S. Circuit Court of Appeals has ruled that an employee who was guaranteed $800 pay each week for the equivalent of eight hours work, with each subsequent hour paid hourly, was...
Business tort claims dismissed for lack of Massachusetts jurisdiction

1 month ago | masslawyersweekly.com | Eric T. Berkman

In briefSuperior Court dismisses claims against out-of-state defendantsJurisdiction upheld only for Texas-based former employeeClaims included breach of contract, fraud and tortious interferenceCase underscores limits of personal jurisdiction and forum clausesMassachusetts has no jurisdiction over out-of-state defendants that allegedly engaged in tortious behavior to steal clients of a Massachusetts company, a Superior Court judge has decided. Judge Peter B.
Actress-model’s Title VII harassment claims against resort fail

1 month ago | rilawyersweekly.com | Eric T. Berkman

Story highlights:Federal judge rules actress-model was not employee of resort and thus could not sue under Title VIICourt finds insufficient control by resort to establish employmentTitle VII claims dismissed, but state civil rights claims remainAn actress and model who was retained by a resort for assorted services could not bring Title VII claims against the resort owners for alleged sexual harassment by its primary executive, a U.S. District Court judge has ruled.
Smell, sight of pot justified prolonging traffic stop

1 month ago | rilawyersweekly.com | Eric T. Berkman

Story highlights:1st Circuit reverses ruling suppressing firearm seized during stopPanel says smell and presence of marijuana justified prolonged stopOfficer’s suspicion based on federal marijuana laws deemed reasonableThe odor and sight of marijuana gave a police officer reasonable suspicion to prolong a traffic stop that ultimately resulted in the seizure of an illegal firearm, the 1st U.S. Circuit Court of Appeals has determined.
Marijuana smell justified search, 1st Circuit rules

1 month ago | minnlawyer.com | Eric T. Berkman

IN BRIEFThe 1st Circuit upheld a firearm seizure during marijuana-related stop. The court ruled the smell of marijuana supports reasonable suspicion. The defendant challenged prolonged detention and pat-frisk as unconstitutional. Ruling highlights state vs. federal conflict in marijuana enforcement.