Eric T. Berkman

2 days 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...

1 week 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...

1 week 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.

1 week 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.

1 week 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.