Judge Davis’s recent denial of an anti-SLAPP motion to dismiss provides helpful guidance on how to distinguish between counterclaims used as solely as a “cudgel” and meritorious claims in breach of contract cases. The ruling also underscores the importance of drafting clear release language in a settlement agreement.
In the litigation between Equifax and Massachusetts Office of the Attorney General, Judge Sanders rejected certain provisions of Equifax’s proposed protective order for the production of sensitive discovery materials, including documents about Equifax’s network and cybersecurity program. Equifax moved for the protective order in Commonwealth of Massachusetts v. Equifax, a case arising from the 2017 Equifax data breach that affected roughly 143 million U.S. consumers. Judge Sanders’ ruling on the protective order follows Judge Salinger’s denial of Equifax’s motion to dismiss on April 2, 2018.
Michael Leard, a Nutter associate, recently interviewed Judge Brian A. Davis for a feature in the Massachusetts Bar Association’s Complex Commercial Litigation (ComCom) Quarterly. The article, Judge Brian A. Davis Discusses Business Litigation, highlights Judge Davis’s preferences and practices at various stages of litigation, including:
- circumstances where he may encourage the submission of courtesy copies;
- ways he may facilitate an expeditious and cost-effective discovery process;
- topics he may address at the final trial conference; and
- his voir dire process.
Judge Davis presides in BLS1 for the July – December rotation period. (Judge Kaplan presides in BLS1 for the January – June rotation period.)
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