Erica Johanson is a litigation shareholder 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 has practiced before all courts in the State of Maine including Maine’s Supreme Judicial Court, where she orally argued two cases on appeal, and won both. Erica has significant experience in commercial litigation including insurance coverage disputes and application of the Uniform Commercial Code, and she has represented banks in foreclosures before the Maine Superior Court and in creditors-side litigation before the Bankruptcy Court in the District of Maine. Erica is also versed in municipal and real estate litigation, including land use disputes, administrative appeals before town planning boards and zoning boards of appeal, and further appeals before the Maine state courts.
Representative cases include the following:
- 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).
- DeCambra v. Carson, 953 A.2d 1163 (Me. 2008) (liability for intentional tort committed by another person.)
- 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.