Eric T. Berkman

A public school district violated the Massachusetts Parental Leave Act by requiring a teacher to teach a full fourth year to earn tenure after she took several weeks of maternity leave during her second year on the job, the Appeals Court has held. Under G.L.c. 71, §41, the teacher tenure statute, an educator who has completed “three previous consecutive school years” of teaching is entitled to professional teacher status, or tenure, unless notified otherwise by June 15 of the third year. Meanwhile, the Massachusetts Parental Leave Act, G.L.c. 149, §105D, states that parental leave “shall not affect” a teacher’s “seniority, […]

The 1st U.S. Circuit Court of Appeals has ruled that the defendant in a securities fraud case should have been permitted to impeach the credibility of the plaintiff by cross-examining him about conduct that led a state medical board to determine that he misrepresented his credentials. Plaintiff Boris Bergus sued defendant Agustin Florian, a fellow

A seller of real estate who allegedly sought to exercise an option to repurchase the property by sending a handwritten letter to the purchaser could bring an action for specific performance to enforce the agreement, the Rhode Island Supreme Court has decided. Plaintiff Francesco Scotti sold property at 300 Benefit St. in Providence to defendant

The 1st U.S. Circuit Court of Appeals has ruled that a commercial general liability insurer had no duty to defend a general contractor against an apartment developer’s lawsuit over subcontractors’ allegedly faulty work that damaged other parts of the project.

The town of Cumberland’s failure to issue a building permit to an affordable housing developer following a judgment reversing the town’s denial of the developer’s comprehensive permit application did not constitute contempt, a Superior Court judge has found. The State Housing Appeals Board initially vacated the Cumberland Planning Board’s decision to deny the permit application

RI employee forced to arbitrate employment claim in Texas

A 77-year-old Trader Joe’s employee who was fired after purchasing beer for her 19-year-old grandson from the store where they worked could not sue the grocery chain for age discrimination, the 1st U.S. Circuit Court of Appeals has determined.

A Superior Court judge has ruled that a class action can proceed against a condominium association for imposing resale fees against unit sellers, allegedly to build up cash reserves to defray future common expenses.

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A 77-year-old Trader Joe’s employee who was fired after purchasing beer for her 19-year-old grandson from the store where they worked could not sue the grocery chain for age discrimination, the 1st U.S. Circuit Court of Appeals has determined. A U.S. District Court judge had granted summary judgment for defendant Trader Joe’s East Inc., ruling