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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It’s been a busy year at the BLS Blog. As we wrap up 2018, take a look at our top five most well-read posts:
- America’s Test Kitchen Faces Abuse of Process Claim: Judge Salinger denied
America’s Test Kitchen’s motion to dismiss an abuse-of-process claim asserted by William Thorndike, Jr. According to Thorndike, America’s Test Kitchen brought a baseless lawsuit to hinder Christopher Kimball’s efforts, supported by Thorndike, to compete against America’s Test Kitchen. That assertion, according to Judge Salinger, was sufficient to state an abuse-of-process claim.
America’s Test Kitchen (ATK) commenced suit against Christopher Kimball, who used to work for ATK. The lawsuit arises from Kimball’s development of a competing business. ATK also sued William Thorndike, Jr. According to ATK, Thorndike misappropriated confidential information and aided and abetted Kimball’s breach of fiduciary duty.
From footnote two of Massachusetts v. Equifax:
On June 11, the Boston Bar Association hosted its annual “Business Litigation Session Year in Review.” The BLS judges, including incoming Judge Brian Davis (who is taking over for Judge Leibensperger in BLS1), shared tips and other thoughts for attorneys practicing in the BLS to consider.
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.
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.
The Superior Court updated its Administrative Directive governing the BLS to broaden the scope of the types of cases that the BLS will preside over. This new directive signifies that the BLS is open to hearing almost any complex civil case—not just quintessential business cases.
- Senior Editor, Co-Chair, Business Litigation Practice Group