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Recent Articles from Eric T. Berkman
SJC sends bid for solar farm permit back to zoning board
The Supreme Judicial Court ruled the town of Petersham improperly denied a solar farm permit, requiring site-specific reasons under the Dover Amendment.
Work product privilege doesn’t protect AI docs created by girlfriend
A Superior Court judge ruled ChatGPT materials created by a litigant's romantic partner are not protected by the work product doctrine absent counsel's direction.
Appeals Court orders new trial over diary as ‘first complaint’ evidence
The Appeals Court ordered a new trial after ruling a victim's private diary was improperly admitted as first complaint evidence in a rape case.
Ex-presidential candidate to face individual liability in Massachusetts
A federal judge ruled a Massachusetts worker may pursue breach of contract claims against former presidential candidate Michael Bloomberg over an alleged pay guarantee through November 2020.
Judge revives FCRA claim over false tenant screening report
A federal judge ruled a Fair Credit Reporting Act reinvestigation claim can proceed after an inaccurate tenant screening report led to Section 8 housing denials.
Data breach class action fails for lack of standing
The 1st Circuit ruled a patient lacked standing to sue over a hospital data breach because she failed to trace alleged fraud to the cyberattack.
1st Circuit revives iRobot merger securities fraud suit
The 1st Circuit revived a securities fraud lawsuit alleging iRobot misled investors about regulatory approval prospects for its Amazon merger.
Bodycam footage of OUI suspect admissible
State Police did not violate the wiretap statute, G.L.c. 272, §99, by taking body camera footage of an OUI suspect without telling him he was being recorded, the Supreme Judicial Court has ruled.
Regional commission deemed ‘local board’ under 40B
Housing Appeals Commission rules Martha's Vineyard Commission is a “local board” under Chapter 40B, granting affordable housing permit relief.
Unsigned settlement enforceable in legal-mal case
The Appeals Court ruled that an unsigned legal malpractice settlement was enforceable after parties agreed on material terms.
Employer’s right to arbitrate waived by litigation conduct
A Superior Court judge has ruled an employer waived arbitration rights by filing counterclaims and engaging in discovery in a retaliation lawsuit.
Initiation of arbitration protected under anti-SLAPP law
A Superior Court judge ruled private arbitration may constitute protected petitioning activity under the state anti-SLAPP statute.
