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Posts from September 2017.
First Circuit Finds a Right to a Jury Trial for Chapter 93A Claims

Although this blog focuses on BLS cases, a recent decision from the First Circuit merits attention here. The case highlights a key difference between federal and state practice on Chapter 93A claims, which are as commonly asserted in Massachusetts civil litigation as streets are jammed with traffic in Boston. In Full Spectrum Software, Inc. v. Forte Automation Systems, Inc., the First Circuit ruled that there is a right to a jury trial for Chapter 93A claims pending in federal court, at least in certain circumstances. The Supreme Judicial Court decided years ago in Nei v. Burley, in contrast, that no such right exists in connection with Chapter 93A claims pending in Massachusetts state courts.

The BLS’ new Administrative Directive 17-1, effective March 1, 2017, gives the litigation bar new guidance on venue in the BLS—and practical instruction on how to effect transfers either into or out of that court. While all these procedures were already embedded in the various statutes, rules, and cases, this new administrative directive consolidates this procedure in one place.

Posted in Courts

This summer, the Boston Bar Association hosted its annual “Business Litigation Session Year in Review.” The current BLS bench—Judges Sanders, Salinger, Kaplan, and Liebensperger—shared tips for attorneys practicing in the BLS. Here are four takeaways from that event:

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