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:
- More Parties Should Seek Admission to the BLS – Judge Sanders encouraged attorneys to seek acceptance of cases into the BLS. Because venue can be waived, parties can apply to the BLS even if venue does not lie in Suffolk County. If a party objects on venue grounds and the BLS rules that venue is improper, “the case shall be transferred in accordance with G.L. c. 223,” according to Superior Court Administrative Directive No. 17-1.
- Attorneys Should Consider Case Specific Management – Superior Court Rule 20 (effective January 1, 2017) allows one or all parties to seek case-specific management. The BLS judges encouraged practitioners to take advantage of this procedural mechanism.
- Keep Statements of Material Fact Short – The BLS judges urged practitioners moving for summary judgment to tighten up their statements of material fact. Statements of material fact should be short and omit procedural facts. The response should state that the fact is admitted or cite evidence showing that the fact is disputed.
- The BLS Welcomes Oral Argument from Junior Associates – The BLS judges agreed that oral argument is helpful to them, especially when attorneys are well prepared. Judge Sanders recognized that associates often do extensive work preparing the motion papers. The BLS encouraged practitioners to allow junior lawyers to argue motions in the BLS.
Eric P. Magnuson co-chairs Nutter’s Business Litigation practice group. Blending practicality with tenacity and strategic thinking, Eric helps clients solve legal challenges so that his clients can focus on what they do ...
Melanie V. Woodward is an associate in Nutter’s Litigation Department and a member of the firm’s Product Liability and Business Litigation practice groups practice groups. Clients frequently engage Melanie for legal advice ...
- Senior Editor, Co-Chair, Business Litigation Practice Group