Hon. Judith Fabricant (Ret.) was appointed to the Massachusetts Superior Court in 1996 and served as its chief justice from 2014 until her retirement in 2021. During her years on the bench, Judge Fabricant heard many types of civil and criminal cases, presiding over jury and non-jury trials, ruling on motions of almost every type, conducting case settlement conferences, and managing the litigation process at every stage. 

For five years, she presided over the Business Litigation Session of the Superior Court, the preferred statewide forum for the resolution of complex business litigation and commercial disputes. As chief justice of the Superior Court, she managed statewide operations for the Commonwealth’s trial court of general jurisdiction, composed of eighty-two judges and fifteen elected clerks. 

Judge Fabricant’s long tenure on the bench and deep-seated experience in a wide variety of civil litigation uniquely qualify her to assist parties in resolving the most difficult disputes. She is a thoughtful and patient listener who is receptive to input while getting right to the heart of a matter. 

Judge Fabricant joined JAMS in 2022, serving as a mediator, arbitrator, special master, and neutral analyst.  As a seasoned jurist and ADR professional with an exemplary work ethic, she skillfully manages the thorniest of disputes with consummate wisdom, fairness, and common sense. 

Experience and Qualifications:

Representative Matters

• Business Commercial
• Neutral Analysis: Complex regulatory dispute between public official and technology-based business. 
• Neutral Analysis: Contract and business tort matter among co-venturers in biotechnology industry. 
• Arbitration: Relating to cryptocurrency.  
• Arbitration: Contract dispute in solar energy industry.  
• Arbitration: Contract dispute in health care industry. 
• Arbitration: Contract dispute in investment banking industry.  
• Mediation: Contract dispute regarding home renovations. 
• Mediation: Relating to dissolution of joint venture in environmental remediation industry.  
• Mediation: Contract and business tort claims relating to dissolution of joint venture in a consumer product industry.  
• Mediation: Claims of lender liability relating to mortgage loan. 
• Mediation: Contract and business tort claims in packaging industry.
• Mediation: Issues of liability for toxic tort claims relating to consumer products.
• Mediation: Dispute over non-solicitation/non-disclosure agreement in recruiting business. 
• As a judge presided over governance and dissolution disputes involving closely held businesses, including partnerships and LLCs, presenting issues of ownership of intellectual property and goodwill.
• As a judge presided over five-week jury-waived trial of accounting malpractice claims in connection with audits of business borrower alleged to have defrauded lending bank in documents supporting credit lines during long-term financing relationship.
• Class Action & Mass Tort
• As a judge presided over multiple cases raising claims for enforcement of noncompetition and nondisclosure agreements in various industries, including technology, insurance brokerage and financial services.
• As a judge presided over shareholder class actions raising issues of adequacy of disclosures in connection with mergers and acquisitions.
• As a judge presided over class actions alleging violations of Massachusetts Wage Act.
• As a judge presided over class action under Massachusetts Antitrust Act relating to well-known consumer product.
• Employment Law
• Neutral Analysis: Involving issues of application of state and federal labor statutes in health care industry. 
• Arbitration: Allegation of retaliation for opposition to discrimination in consulting firm. 
• Mediation: Claim of discrimination based on sexual orientation, and related tort claims, in management of religious institution. 
• Mediation: Allegation of termination of employment based on sexual orientation in public sector. 
• Mediation: Claim of sexual harassment in food service industry.  
• Mediation: Claim of sex-discrimination and related tort claims in C-suite setting of technology business.  
• Mediation: Claim under Massachusetts Wage Act in biotechnology industry. 
• Mediation: Claim under Massachusetts Wage Act in public sector agency. 
• Mediation: Class action under Massachusetts Wage Act in health care industry.  
• Mediation: Regulatory claims brought by public official against large technology business.  
• As a judge presided over jury trial of claim of constructive discharge of high-level executive in pharmaceutical industry, with issues under executive compensation agreement; after mistrial resulting from hung jury, mediated at parties’ request, achieving settlement.
• As a judge presided over multiple cases, including jury trials, of claims of employment discrimination, constructive discharge and violation of noncompetition and nondisclosure agreements in various industries, including technology, biotech, insurance and real estate.
• Estate/Probate/Trusts
• Mediation: Claims relating to management of large family trusts.  
• Mediation: Dispute regarding management of family trusts.  
• Mediations: Multiple disputes regarding dissolution of family businesses, management of family trusts, and related real estate issues. 
• Insurance
• Mediation: Allegations of false insurance claims in biohazard industry. 
• Mediation: Claim for insurance coverage for fire damage from defective product.  
• As a judge presided over disputes involving insurance coverage and duty to defend claims for liability for environmental damage occurring over decades.
• Life Sciences
• As a judge presided over multi-party, multi-prong dispute arising from acquisition agreement in biotechnology industry; ruled on multiple complex motions and conducted jury-waived trial of claims including nondisclosure of potential liability for patent infringement.
• Personal Injury & Tort
• Mediation: Claim of lead paint injury to child.  
• Mediation: Claim of injury from fall in public building.  
• As a judge presided over defamation claim against major news media outlet arising from coverage of Boston Marathon bombing; ruling on summary judgment led to settlement.
• As a judge presided over multi-party jury trial arising from catastrophic personal injury to pedestrian at site of major public construction project, with cross-claims among multiple project participants, including complex indemnification and insurance coverage issues; assisted parties in reaching comprehensive settlement after several weeks of trial.
• As a judge presided over numerous jury trials of serious personal injury cases, including medical malpractice and wrongful death.
• As a judge presided over jury trial of wrongful death case against common carrier, raising issues of gross negligence based on failure to maintain rescue equipment.
• Real Estate & Real Property
• Mediation: Neighbor dispute involving multiple land-use and maintenance issues.  
• As a judge presided over matters involving issues of zoning, land use, wetlands protection and historic preservation.
• As a judge presided over jury-waived trial of claims of lender liability and counterclaims of misrepresentation arising from failed large-scale real estate development project.
• As a judge presided over disputes arising from leases and insurance coverage issues for large-scale commercial buildings.

Honors, Memberships, and Professional Activities

Memberships and Affiliations

• Supreme Judicial Court Committees
• Jury Management Advisory Committee, Chair, 2020–2021
• Judicial Performance Evaluation Committee, 2015–2021
• Juror Voir Dire Committee, 2014–2016
• Committee to Study the Massachusetts Code of Judicial Conduct, 2012–2015
• Committee on Plain English Jury Instructions (Joint with MBA), 2007–2010
• Commission on Judicial Conduct, 2010–2014; Vice-Chair, 2012–2014
• Standing Advisory Committee on Rules of Civil Procedure, Attorney General Designee, 1992–1996
• Trial Court Strategic Planning, 2012–2019: Process Steering Committee, 2012-2013;
  Strategy Leadership Team, 2013–2019; Moderator, 2013–2016
• Trial Court Working Group on Employment Discrimination Policy and Procedures, 2018–2019
• Superior Court New Justices Training and Mentoring Committee, 2005–2014; Chair, 2007–2009
• Judicial Mentor, Trial Court Judge-to-Judge Mentor Program, 2011–2014
• Superior Court Education Committee, 2005–2014; Chair, 2009–2014
• American College of Business Court Judges, 2007–2014
• Fellow, Massachusetts Bar Foundation, 2009–2021; Grant Review Committee, 2011–2012, 2022
• Boston Bar Association Administration of Justice Section, Workgroup on Cost and Time Efficiencies in Massachusetts Courts, 2004–2005
• Boston Inn of Court, 2002–2015; Judicial Co-President, 2004–2005, 2011–2012
• Editorial Board, Boston Bar Journal, 2004–2010
• Editorial Board, Massachusetts Law Review, 2000–2010
• Boston Bar Association Task Force on Civil Litigation Standards, 1993–1996
• Hearing Committee, Massachusetts Board of Bar Overseers, 1994–1996
• Trial Court Standing Committee on Alternative Dispute Resolution, Taskforce on Early Court Intervention, 1995
• Supreme Judicial Court Standing Advisory Committee on Rules of Civil Procedure, Attorney General Designee, 1992–1996

Selected Awards and Honors

• Haskell Cohn Distinguished Judicial Service Award, Boston Bar Association, 2020
• President’s Award, Massachusetts Judges Conference, 2016
• Judicial Excellence Award, Massachusetts Judges Conference, 2013
• Trial Court Excellence Award, 2013
• Judge of the Year, Frank J. Murray Inn of Court, 2007

Selected Publications

• “Ralph Gants, Superior Among Supremes,” Massachusetts Law Review, 102, No. 2, April 2021 (with Alex P. Philipson, Esq.)
• “Reflections After (Nearly) 25 Years on the Superior Court,” Massachusetts Law Review, Vol. 102, No. 3, July 2021
• Interview, Boston Bar Journal, July 2021
• “Superior Court Judge Ralph Gants,” Boston Bar Journal, December 2020
• “The Superior Court Looks Ahead,” Boston Bar Journal, Spring 2015
• “Just the Facts: Practical Tips on Summary Judgment,” Boston Bar Journal, Summer 2011
• “Continuity and Change in the Business Litigation Session,” Boston Bar Journal, September/October 2008 (with Hon. Ralph D. Gants and Hon. Stephen E. Neel)
• “The Jury Waived Civil Trial,” Boston Bar Journal, September/October 2006
• “The Superior Court Is Open for (Civil) Business,” Massachusetts Lawyers Weekly, July 2020
• “Civil Business Continues in the Superior Court,” Massachusetts Lawyers Weekly, April 2021 (with Hon. Mark Mason)
• Massachusetts Evidence: A Courtroom Reference, 6th Ed., 2011, 2012 Supp., 2013 Supp., 7th Ed., 2014, Massachusetts Continuing Legal Education, Judicial Commentator
• Massachusetts Discovery Practice, 2002, 2004, 2009, 2011, 2014, Massachusetts Continuing Legal Education, Judicial Commentator

Background and Education

• Massachusetts Superior Court, 1996–2021
• Chief Justice, 2014–2021
• Associate Justice, 1996–2014
• Business Litigation Session, 2007–2011
• Regional Administrative Justice, Norfolk County, 2005–2007
• Assistant Attorney General, Commonwealth of Massachusetts, 1988–1996
• Chief, Government Bureau, 1992–1996
• Chief, Administrative Law Division, 1991–1992
• Managing Attorney, Government Bureau, 1989–1991
• Harvard Law School
• Teaching Team Member, Trial Advocacy Workshop, 1991–2002
• Wasserstein Public Interest Fellow, 1995–1996
• Clinical Instructor, Consumer Protection, 1991
• Assistant District Attorney, Appeals Division, Essex County, Massachusetts, 1987–1988
• Assistant District Attorney, Wake County, North Carolina, 1984–1986
• Associate, Hill & Barlow, Boston, 1981–1984
• Lecturer in Legal Writing, Boston University School of Law, 1983–1984
• Law Clerk to Hon. Levin H. Campbell, United States Court of Appeals for the First Circuit, 1980–1981
• J.D., Yale Law School, 1980
• Yale Moot Court of Appeals, 1979
• Finalist, Harlan Fiske Stone Prize Competition and Benjamin N. Cardozo Brief-Writing Competition
• New Haven Legal Assistance Association, 1978–1979
• B.A., summa cum laude, Yale College, 1976
• Distinction in History
• Phi Beta Kappa