Business Litigation Session Bench Notes: Acceptance Into BLS

Business Litigation Session Practice Guide

(1) What factors are relevant to your decision whether to accept a case into the BLS? Are there types of cases you generally do not accept in the BLS?

Salinger, J.: The BLS Administrative Justice (currently me) decides whether to accept a case into the BLS. The process and standards for accepting a case are governed by Superior Court Administrative Directive No. 17-1.¹

When considering a requested for a case to be filed in or moved to the BLS, I rely on the BLS cover sheet (when a plaintiff seeks to have a case accepted into the BLS) or motion to transfer (when another party asks that a case by moved to the BLS), and also look at the complaint and docket.

I will accept a case if the party or parties asking to be in the BLS show that the action falls within one of the categories listed in AD 17-1, raises complex issues with something substantial at stake, and either will benefit from the case management and attention that BLS judges are able to provide or will raise issues that are often addressed in the BLS but arise much less frequently in other sessions.

I will reject a request for a case to be assigned to the BLS if the matter appears to be a relatively simple dispute that does not require unusual attention from the session judge, or primarily concerns issues that are not related to the sorts of business disputes that this session handles.

Cases that were originally assigned to other Suffolk County civil sessions or were originally filed in other counties may be transferred to the BLS. For transfers, either venue must be proper in Suffolk County or any venue objection must be waived. AD-17 provides that parties may waive a venue objection either expressly or by not objecting on venue grounds when a transfer is sought.

(2) What factors do you consider when transferring a case from a general session to the BLS sua sponte?

Salinger, J.: I apply the same factors in considering whether a sua sponte transfer to the BLS is appropriate. In addition, if a case in the BLS is closely related to one pending in another session, it may make a lot of sense to transfer the other case to the BLS so that they can be managed in the same session.

¹ https://www.mass.gov/superior-court-rules/superior-court-administrative-directiveno-17-1-superior-court-business-litigation-sessions#acceptance-into-the-bls

Date published:	April 1, 2022