Erica M. Johanson

Erica M Johanson - Maine Attorney at Law

AREAS OF EXPERTISE:

Erica brings a nuanced and sophisticated understanding of the civil justice system to Jensen Baird’s Litigation Practice Group and Probate Litigation Practice Group.  An experienced civil litigator, Erica practices in state and federal trial and appeals courts in Maine and Massachusetts in a broad range of matters including trusts and estates, 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.  A skilled and thoughtful litigator, Erica is committed to listening to clients and finding a resolution that fits their needs whether through the blunt capabilities the law provides, or through more flexible avenues outside of litigation.  

“In my first interactions with clients, I ask a lot of questions and I listen.  I want to get the facts of the case, but I also want to build trust.  Litigation can be a bewildering process to people and it can seem like I’m asking clients to join me in an alternate universe.  I will always fight for my clients when the situation demands it, but as I search for the best resolution, I try to deescalate the situation when possible. My goal is to resolve conflict, not perpetuate it.”  

Following law school, Erica clerked at the Maine Superior Court for the Honorable Thomas Humphrey, Robert Crowley, and Thomas Warren.  Erica then gained experience as a civil litigator in private practice for several years before returning to clerk with the Honorable Nancy Torresen at the U.S. District Court, District of Maine, then rejoining civil practice. Erica has a deep appreciation for the process the civil justice system has created to get at the truth, and enjoys introducing others to its positive aspects.  Committed to supporting access to justice, Erica provides low fee and pro bono legal services.

EDUCATION

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

ADMITTED TO PRACTICE

  • 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

MEMBER

  • Chair, Advisory Committee on the Maine Rules of Civil Procedure
  • Second Vice-President, Portland Public Library Board of Trustees
  • Secretary, Cleaves Law Library Board of Directors
  • At-large Member, Maine Board of Bar Overseers Grievance Commission
  • Maine State Bar Association
  • Cumberland County Maine Bar Association
  • Maine Trial Lawyers Association
  • Gignoux Inn of Court

Notable Cases

  • Chavez v. Ouellette, No. PORSC-CV-19-389 (Me. Super. April 6, 2020) (first successful use of anti-SLAPP motion to dismiss in Maine in landlord-tenant case).
  • March 2020: achieved sizable settlements in two pharmacy negligence cases involving misfilled prescriptions of the drug methotrexate.
  • Bangor Savings Bank v. Funding Metrics, LLC d/b/a Lendini, No. CV-17-153 (Me. Super. April 16, 2018, Murphy, J.) (sustained conversion claims against merchant cash advance company).
  • Carter v. Pook & Pook, LLC et al., No. CV 14-5715, 2016 WL 337022 (E.D. Pa. Jan. 27, 2016) (achieved dismissal of defamation and false light claims made against client publisher of antiques magazine).
  • State Farm Mut. Auto. Ins. Co. v. Koshy, 995 A.2d 651 (Me. 2010) (lead case on enforceability of adhesion contracts, interpreting rental car agreement).
  • Garrison City Broadcasting, Inc. v. York Obstetrics & Gynecology, P.A., 985 A.2d 465 (Me. 2009) (upheld summary judgment clearing client of fraudulent transfer claims in dissolution of private medical practice).

AREAS OF PRACTICE