While litigants often invoke Rule 45 to discover documents from third parties during the course of litigation, courts have rarely ordered payment of the fees incurred by the third party to comply with the subpoena. Judge Leibensperger, however, recently ordered one of the parties in Medical Source, Inc. et al. v. Perkinelmer Health Sciences, Inc. who had issued a subpoena in the case to do just that.
In July 2018, Judge Brian Davis will replace Judge Edward Leibensperger as the judge for the July-December rotation period of BLS1. Governor Deval Patrick appointed Judge Davis to the Superior Court in 2013. Before his appointment, Judge Davis spent his legal career in private practice where he focused on complex commercial disputes, torts, product-liability defense, fraud and insurance, and corporate governance. More information on Judge Davis’s background can be found here and at Massachusetts Lawyers Weekly.
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