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Recent Articles from Eric T. Berkman
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.
Judge nixes extension of ‘anti-raiding’ provision
A software company could not enforce language in a former executive’s employment agreement that purported to extend the duration of an anti-raiding provision based on his alleged violation of a non-disparagement clause, a Superior Court judge has decided.
Antitrust plaintiff denied 60(b) relief from prior judgment
The 1st U.S. Circuit Court of Appeals has ruled that a tech company asserting it was fraudulently induced into settling a claim it had brought against a company for allegedly anticompetitive behavior was not entitled to Rule 60(b)(6) relief enabling it to bring a new action in light of the alleged fraud.
Abutters lack standing to challenge cell tower
A Superior Court judge has determined that abutters to a proposed cell tower site lacked standing to challenge the Essex Zoning Board of Appeals’ granting of variances to enable the project to proceed.
Bar divided on fairness of pro-landlord decision
A Supreme Judicial Court decision enforcing a commercial lease provision that entitled a landlord to nearly five years of rent payments after a tenant’s breach, even though the landlord quickly re-rented the premises, drew mixed reactions from the bar with some lawyers fearing it paves the way for unfair windfalls and others claiming it simply reinforces freedom-of-contract principles.
Victims’ rights advocates hail ruling on counseling records
The Supreme Judicial Court has ruled that the Superior Court could not order a Massachusetts rape crisis center to turn over, at the behest of a Rhode Island court, counseling records of the alleged victim of a sexual assault in Rhode Island without adhering to the so-called Lampron-Dwyer protocol.
Appeals Court revives legal-mal claim vs. closing attorney
The Appeals Court has ruled that purchasers of residential property could bring a legal malpractice claim against their lender’s closing counsel for failing to detect an encumbrance on the property when conducting a title search.
Arbitration agreement enforceable in med-mal case vs. eye surgeon
The Appeals Court has ruled that a mandatory arbitration agreement printed in English but signed by a Spanish-speaking patient before he underwent Lasik surgery was enforceable in his subsequent medical malpractice claim against his eye surgeon.
Equipment that sat ‘idle’ doesn’t reduce mechanic’s lien
The Appeals Court has found that a mechanic’s lien stemming from a contractor’s failure to pay fees for heavy equipment it rented from a subcontractor could not be reduced for time the equipment sat unused during idle periods at the jobsite.
