Massachusetts Appeals Court

Isn’t discovery fun?

You sometimes hear Biglaw litigators complain about courts not publishing enough opinions about discovery issues. Discovery (especially e-discovery) is such a major — and majorly expensive — part of the complex litigation in which large firms specialize, but there aren’t that many decisions on the books over such nuts-and-bolts issues as responsiveness, privilege, and work-product doctrines.

So it’s noteworthy that the Massachusetts Appeals Court just issued an opinion featuring extended discussion of the work-product doctrine. Some Boston Biglaw litigators will surely welcome the additional guidance on this subject.

But not all of Boston Biglaw will be pleased by this decision. Certainly not the major firm that could wind up getting hit with sanctions as a result….

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Judge Christina Harms

Being a judge is not like being a contestant on “American Idol.” You are not looking for votes.

– Former Judge Christina Harms, commenting on the need for judicial independence in the court system. Harms recently came under fire after ordering that a schizophrenic woman have an abortion and be sterilized.

Controversy arose when the Massachusetts Appeals Court overturned the decision, and now Harms claims that Boston University School of Law has reneged on a job offer due to her “unpopular” ruling.