Erica M. Johanson

Shareholder

Portland Office
100 Middle Street
P.O. Box 15235
Portland, Maine 04112-5235
Phone: 207-430-8855
Fax: 207-274-5286

Erica Johanson is a litigator based in the firm’s Portland office. Prior to joining Eaton Peabody, Erica obtained broad civil litigation experience through several years in practice at another Portland, Maine firm and through clerkships in both federal and state trial courts. Erica regularly practices in state and federal trial and appeals courts in Maine and Massachusetts in a broad range of matters including corporate management and employment disputes, bankruptcy adversary proceedings, and cases involving commercial contract claims, statutory rights, and dignitary torts. Erica also regularly represents banking institutions in disputes under the uniform commercial code and has experience representing both private parties and municipalities in zoning, permitting, and property tax appeals.

Representative cases include the following:

  • 20 Thames Street, LLC et al. v. Ocean State Job Lot of Maine 2017, LLC, No. BCD-SA-2018-01 (Me. Bus. & Consumer Ct., Aug. 14, 2018, Mulhern, J.) (commercial forcible entry and detainer action based on claimed lease forfeiture).
  • Roy v. Feinstein et al., No. 1582-CV-00920 (Mass. Super. June 5, 2018) (breach of contract and indemnity claims against insurance agency).
  • Official Comm. of Unsecured Creditors v. Meltzer, No. 1:17-CV-256-NT, 2018 WL 2123558, at *1 (D. Me. May 8, 2018) (defense of manager breach of loyalty claim);
  • Bangor Savings Bank v. Funding Metrics, LLC d/b/a Lendini, No. CV-17-153 (Me. Super. April 16, 2018, Murphy, J.) (conversion claims against junior lender).
  • In re Meridian Med. Sys., LLC, No. 15-20640, 2017 WL 3503357, at *1 (Bankr. D. Me. Aug. 11, 2017) (bankruptcy adversary proceeding).
  • O’Connor Constructors, Inc. v. HVAC Comp. Corp., No. SUCV20150205BLS1, 2017 WL 4518753, at *1 (Mass. Super. Aug. 1, 2017) (breach of contract and breach of fiduciary duty claims against workers compensation trust).
  • Cerulli v. Banks, 91 Mass. App. Ct. 1132, 87 N.E.3d 115, review denied, 477 Mass. 1111, 94 N.E.3d 394 (2017) (post-divorce tort claims against ex-husband for assault, battery, and intentional infliction of emotional distress).
  • Carter v. Pook & Pook, LLC et al., No. CV 14-5715, 2016 WL 337022 (E.D. Pa. Jan. 27, 2016) (defamation and false light claims).
  • Dickey v. Goldblatt, Dkt. No. CUMSC-CV-13,310 (Me. Super. June 29, 2015) (anti-SLAPP special motion to dismiss against former employee).
  • Falls Development Associates, L.P. v. City of Saco, No. 2008-025 (Me. Bd. of Prop. Tax Review Aug. 24, 2011) (property tax appraisal of low-income housing tax-credit development).
  • State Farm Mut. Auto. Ins. Co. v. Koshy, 995 A.2d 651 (Me. 2010) (enforceability of rental car agreement indemnity provisions).
  • Hall v. Home Depot U.S.A., Inc., 752 F. Supp. 2d 58 (D. Me. 2010) (products liability, viability of expert witness testimony).
  • Garrison City Broadcasting, Inc. v. York Obstetrics & Gynecology, P.A., 985 A.2d 465 (Me. 2009) (application of Maine’s Fraudulent Transfers Act to dissolution of private medical practice.)
  • Pinchbeck v. Town of Windham, No. AP-08-032, 2009 Me. Super. LEXIS 109 (Me. Super. Sept. 8, 2009) (defense of mineral extraction permit).
  • Represented, pro bono, wife of armed services member in a residential forcible entry and detainer hearing before the Maine District Court; obtained relief from eviction under the Soldiers and Sailors Relief Act.
  • Represented, pro bono, modest-income Maine resident before Maine District Court, defending against domestication of a $10,000 Louisiana judgment for alleged trade school debt; investigated Louisiana proceedings and successfully argued that my client was denied due process in the Louisiana case, resulting in Maine court’s refusal to enforce the foreign judgment.

Areas of Practice for Erica M. Johanson

Bar Admissions

State of Maine
Commonwealth of Massachusetts
United States District Court for the District of Maine
United States Bankruptcy Court for the District of Maine
United States District Court for the District of Massachusetts
United States Bankruptcy Court for the District of Massachusetts
First Circuit Court of Appeals

Education

Boston College Law School, J.D., cum laude, 2005
Swarthmore College, B.A., with honors, 1998

Memberships and Affiliations

Cleaves Law Library, Board of Directors (since 2018)
Advisory Committee on the Maine Rules of Civil Procedure, Member (since 2016)
Portland Public Library, Board Member (since 2015)
Maine State Bar Association
Cumberland County Maine Bar Association
Maine Trial Lawyers Association

Honors

SuperLawyers Rising Star (2015)
Maine State Bar Association Leadership Academy (2014-2015)
Uniform Commercial Code Digest Writer (2003-04); Senior Editor (2004-05)
BCLS Craven Constitutional Law Moot Court Team Manager (2004-05)