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Recent Articles from Eric T. Berkman
Truckers entitled to ‘sleeper berth’ time under FLSA
In a case of first impression, the 1st U.S. Circuit Court of Appeals has ruled that long-haul truckers driving as a team are entitled to be paid for “sleeper berth time” in excess of eight hours in a 24-hour period.
Illinois resident can’t sue Massachusetts employer under Wage Act
A Superior Court judge has ruled that an Illinois resident could not sue his Massachusetts-based employer under the state Wage Act, G.L.c. 149, §148, for allegedly failing to pay him commissions on time following his termination.
Suit over Liberace’s piano reinstated
The 1st U.S. Circuit Court of Appeals has reinstated a bailment complaint brought by the alleged owner of a piano that the late entertainer Liberace had used during performances, ruling that the six-year statute of limitations for certain contract claims applied to the dispute.
Buyer can enforce five-year-old P&S agreement
A Land Court judge has determined that a buyer could enforce a purchase and sale agreement entered into five years earlier as the parties’ subsequent conduct amounted to a waiver of the agreement’s “time is of the essence” clause.
Agreement to settle partition case severs joint tenancy
An agreement to settle a partition proceeding was sufficient to sever a joint tenancy, the Supreme Judicial Court has held.
Bankruptcy Court refuses to confirm Chapter 11 plan
A U.S. Bankruptcy Court judge has rejected a Chapter 11 plan that contemplated a sale of real property while a dispute was pending in Land Court between the debtor and a creditor over whether the debtor actually owned any of the property in question.
$225K injury verdict doesn’t make insurer’s $15K offer ‘unfair’
An Appeals Court panel has found that an auto insurer did not engage in unfair settlement practices by offering only $15,000 to settle an injured plaintiff’s claim that ultimately resulted in a $225,000 jury award.
1st Circuit tosses $8.3M award in officers’ suit over detail pay
The 1st U.S. Circuit Court of Appeals reversed an $8.3 million judgment that Malden police officers obtained in a Wage Act suit they brought over a 10-percent “administrative fee” deducted from the pay they received for detail work.
1st Circuit revives securities fraud claims against Biogen
Investors could bring a securities fraud class action alleging that statements a biotech executive made about the results of an Alzheimer’s drug’s clinical trials were misleading, the 1st U.S. Circuit Court of Appeals has found.
Judge sets aside $500K verdict in commercial fraud case
A U.S. District Court judge has found that the litigation privilege barred a commercial fraud suit brought by the manufacturer of food-packaging equipment over a buyer’s false statement that the equipment it purchased was contaminated with listeria.
Tort claim not barred by ‘sudden medical emergency’ rule
The “sudden emergency doctrine” did not preclude a negligence claim against a driver with undiagnosed sleep apnea who lost consciousness before rear-ending an MBTA bus, the Appeals Court has decided.
Debtor’s slipshod recordkeeping provides lesson for bankruptcy practitioners
The 1st U.S. Circuit Court of Appeals has ruled that a Chapter 7 debtor could be denied discharge of a judgment debt because of his failure to keep adequate records regarding rental properties he owned.
