Eric T. Berkman

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

Non-party to contract gets benefit of forum selection clause

A commercial tenant that allegedly suffered business losses from a faulty roof but continued to occupy the property after the landlord filed for Chapter 11 bankruptcy and rejected the lease may recoup any such damages against rent still coming due under the lease, a U.S. Bankruptcy Court judge has decided. The tenant, Middlesex Integrative Medicine, a cannabis company that operates an 80,000-square-foot marijuana “dispensary grow” facility on Leominster property owned by debtor-in-possession Mohawk Drive Corp., sought to evict MIM — which is currently in receivership — for non-payment of rent. Meanwhile, MIM sued Mohawk Drive for failing to keep the […]

A trial judge wrongly disposed the constitutional challenges of junkyard operators to the actions of municipal regulators by ruling sua sponte on an unlitigated issue without providing the operators a chance to present evidence or make arguments on the issue, the Rhode Island Supreme Court has determined. Plaintiffs William Ricci Jr. and Morris Maglioli, owners

The 1st U.S. Circuit Court of Appeals has found that a terminated state official made a sufficient showing of discriminatory animus to bring a Title VII gender bias claim against Rhode Island. In 2016, plaintiff Kimberly Ripoli was laid off from her at-will position as associate director of the state Office of Veterans Affairs. Ripoli,

The Supreme Judicial Court has found that a trial judge properly denied a medical malpractice defendant’s request to cross-examine a co-defendant about alleged bias arising from a “high-low” settlement agreement he entered.