Eric T. Berkman

A divorcing couple’s home should be considered a marital asset even though the husband purchased it prior to their marriage, a Family Court judge has held. During the marriage of James and Samantha Florio, the home was encumbered by two home equity lines of credit that the husband had taken out. The husband, who was

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 physician and onetime colleague, under the Massachusetts Uniform Securities Act, alleging that Florian made material omissions and misrepresentations in inducing him to invest $375,000 in a Peruvian business endeavor run by Florian’s brother-in-law. Competing testimony of Bergus, Florian and Florian’s brother-in-law, Edgardo Baca, constituted nearly […]

A U.S. Bankruptcy Court judge has held that an insurance company could not invade a Chapter 13 debtor’s homestead to recoup a $290,000 overpayment that the debtor then spent on home repairs.

An applicant for a zoning variance was entitled to attorneys’ fees under the Equal Access to Justice Act after it successfully appealed the North Smithfield Zoning Board of Review’s denial of its application, a Superior Court judge has found. The applicant, Tech Realty, which planned to construct a light industrial building on the property in

A Superior Court judge has found that a memorandum of understanding signed by parties at the close of mediation in a medical malpractice case did not result in an enforceable settlement. Plaintiff Linda Phelan signed a handwritten MOU under which she agreed to accept $150,000 from her former physician, Marina Kuperman-Beade, to settle the case.

A federal judge has ruled that an insurance carrier violated Chapter 93A by denying coverage under a homeowner’s policy for fire damage that occurred after the policyholder purchased her home but before she moved in.

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.