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Hon. Judith Fabricant (Ret.)

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    Biography
    General Biography
    Practice Areas & Industries
    Business Commercial
    Class Action & Mass Tort
    Employment Law
    Estate/Probate/Trusts
    Insurance
    Life Sciences
    Personal Injury & Tort
    Real Estate & Real Property
    Smart Contracts & Blockchain
    Honors, Memberships, and Professional Activities
    Background and Education

    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:

    • During her eighteen years as a sitting judge (prior to her appointment as chief justice), Judge Fabricant presided over litigation in all areas of civil law, including contract, professional liability, employment, personal injury (including wrongful death), real estate, government regulation, and class action disputes.
    • While presiding in the Business Litigation Session, she resolved complex litigation, including matters involving trade secrets, intellectual property, non-competition agreements, executive employment contracts, commercial leases, antitrust issues, governance and dissolution of business entities, shareholder rights, insurance coverage, and legal and accounting malpractice. 

    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
    Counsel Comments
    • “I’ve had Judge Fabricant in her roles both as an arbitrator and a mediator, and as you’d expect, she’s terrific at both. To start with, she’s as smart as they come, and can untangle the most knotted and thorny legal issues seemingly with ease. She’s always polite but also firm and when she talks everyone in the room, including clients, listen. Picking Judge Fabricant makes us lawyers look good in front of our clients, which is not unimportant!”
      – Partner in a Large Law Firm
    • “I just wanted to say thank you yesterday for making the negotiation process less stressful. Your calm demeanor just made me feel more comfortable in a very uncomfortable situation. It was a long day for me but I'm glad it's over and everyone can move on.” 
      – Business Owner
    • “I really appreciated your creative and steady approach to helping us reach an agreement.”
      – High ranking official in government
    • “Thank you Judge Fabricant — we so appreciate your efforts and dedication to helping the parties reach a resolution.”
      – Partner in a leading international law firm
    • “Thank you so much for your excellent work today. I think we reached a very fair result and that is due to your efforts.”
      – Managing Partner
    • “A formidably intelligent and perceptive judge who was consistently well-prepared, skilled at listening carefully, able to get right to the heart of a matter, and wise in her approach to thorny problems."
      – Experienced Litigator & Former Bar President
    • "Judge Fabricant is the consummate example of civility in the profession in the way she treats counsel and colleagues on the bench.  She has shown herself to be thoughtful, a good listener, receptive to input, and a very fair and highly experienced jurist.  I think she will be a stellar mediator and arbitrator, and I look forward to having her available as a resource to me and my clients to help resolve disputes."
      - Experienced Trial Attorney
    • “Judge Fabricant’s intelligence, flawless preparation and energy, all of which I appreciated and enjoyed so much when she presided in the Business Litigation Session, will now be available to parties and counsel looking for help resolving disputes out of court.”
      – High Stakes Litigator
    • "As a Superior Court judge, Judge Fabricant enjoyed a well-deserved reputation as a formidably intelligent and perceptive judge who was consistently well-prepared, skilled at listening carefully, able to get right to the heart of a matter, and wise in her approach to thorny problems. These attributes are sure to make her a highly sought-after and very effective neutral at JAMS."
      – Experienced Litigator and Former Bar President
    • “I tried a jury case before Judge Fabricant over a two week period, with millions at stake. The jury deadlocked. Rather than re-try the case, both parties and their counsel were so impressed with Judge Fabricant, having seen her first hand on the bench, that all agreed she should mediate the dispute. Opposing counsel and I approached her and asked her to be the mediator. She agreed. Her skill, intelligence, and fairness were in great abundance as the mediator, as well as a trial judge. The parties resolved their differences. What a find for JAMS as she is brilliant. I have been before her on other matters too.”
      – Litigation Attorney and Managing Partner
    • "Judge Fabricant is fair, insightful pragmatic and principled. Her judicial experience and expertise in a wide variety of civil disputes uniquely qualify her to assist parties in resolving even the most difficult disputes."
      – Law Firm Co-Founder
    • “During her years on the bench, Judge Fabricant was patient, always prepared, listened carefully and cut to the heart of the issue. These are the qualities of a great mediator.”
      – Litigation Expert
    • “During her long and distinguished career on the Superior Court bench, Judge Fabricant brought an incredibly sharp legal mind, an unsurpassed work ethic and a genuine sense of fairness and pragmatism to helping litigants resolve the most complex disputes. She will be a fabulous addition to the JAMS team."
      – Chair employment Law Group
    • "Based on my experience appearing before her, Judge Fabricant is a fabulous addition to JAMS’ panel. She is whip-smart and has both the demeanor and patience that are so critical to—and effective in—resolving civil cases."
      – Complex Civil Litigation Partner
    • "Judge Fabricant has the intellect, temperament, and problem-solving skills to effectively mediate complex litigation. Her experience as an advocate and a Superior Court Judge (where among other assignments she presided over complicated lawsuits in the Business Litigation Session) will provide a great resource to litigants seeking to resolve their cases."
      – Complex Business Lawyer
    • “Judge Fabricant – you were fabulous, and our clients very much appreciated the time you took to truly understand the situation they find themselves in with their case.”
      – Leading Complex Business Litigator
    • “Judge Fabricant: Thank you very much for your successful work in mediating our most recent dispute. The parties were far apart at the beginning, as you well know. All of us appreciated your skillful work and patience as we worked through the issues.”
      – Managing Partner
    • “[Judge Fabricant,] Thank you for such a wonderful mediation experience. Your hard work and efforts were superb and certainly recognized by my client and me.”
      – Founding Partner
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