While Delaware’s Court of Chancery often garners national attention, Massachusetts offers a specialized forum for complex business disputes through its Business Litigation Session (BLS) within the Superior Court. Established in 1999, the BLS is dedicated to the efficient resolution of intricate commercial cases, providing a platform for issues such as shareholder derivative claims, intellectual property disputes, and business torts.
The BLS operates two full-time sessions, each managed by experienced judges who oversee cases from inception to resolution. This structure ensures consistency and depth in judicial decision-making. Judges are assigned in teams, with each judge serving a six-month term in the session. Notably, Judge Kenneth Salinger serves as the Administrative Justice of the BLS, working alongside Judge Debra Squires-Lee in BLS2, while Judges Peter Krupp and Christopher Barry-Smith share responsibilities in BLS1. This arrangement allows for continuous oversight, as judges may retain control over cases requiring close management, even when not actively sitting in the session. This approach fosters a well-defined body of business law at the trial court level, as BLS judges contribute their decisions to a publicly accessible database.
Case management is a cornerstone of the BLS. Shortly after a complaint is filed, a judge convenes a litigation control conference to establish a scheduling order covering discovery, dispositive motions, and pretrial conferences. Trial dates are set firmly, with a commitment to reaching cases as scheduled. To streamline proceedings and reduce litigation costs, the BLS has implemented automatic discovery protocols, minimizing the need for specific information requests. When disputes arise, they can often be resolved through teleconferences or immediate court appearances, circumventing traditional motion practice.
In 2024, the BLS introduced Superior Court Administrative Directive No. 24-1, replacing the previous directive from 2017. This update expanded the use of video conferencing at the judge’s discretion and mandated that the BLS Civil Action Cover Sheet specify the amount in controversy. These changes aim to enhance the efficiency and transparency of the session.
Beyond its procedural innovations, the BLS actively engages with the legal community. The Boston Bar Association’s Business & Commercial Litigation Section hosts an annual “BLS Year in Review,” where practitioners can interact with BLS judges and discuss significant case developments. Additionally, the Massachusetts Bar Association’s Complex Commercial Litigation Conference features panels with BLS judges, offering insights into recent trends and key cases.
For attorneys seeking to file a case in the BLS, the process involves submitting the complaint in the Suffolk Superior Court using the BLS Civil Action Cover Sheet. The Administrative Justice of the BLS reviews submissions and assigns accepted cases to either BLS1 or BLS2. Cases not accepted are directed to a Suffolk County time standards session. It’s important to note that venue must be in Suffolk County, or a waiver of venue is required.
In summary, Massachusetts’ Business Litigation Session provides a specialized, efficient, and consistent forum for resolving complex commercial disputes, contributing significantly to the state’s legal landscape.