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New Mass. Top Court Favors Tough Queries, Long Arguments

Publisher: Law360
March 20, 2019

Boston partner Jonathan Handler was quoted in an article, "New Mass. Top Court Favors Tough Queries, Long Arguments," published by Law360. The article discusses the effects of recent appointments to the Massachusetts Supreme Judicial Court (SJC) on that court's approach to oral arguments and cases generally. As the article notes, the SJC recently issued a unanimous decision declining to carve out an exception for asbestos exposure in the state's six-year statute of repose for improvements to real property. The Court recognized the potentially "regrettable effect" of this decision but emphasized that the statute is clear on its face and any change must come from the legislature. "I think they are a pretty cautious bunch and they are mindful that people are sensitive to judges going beyond what they think judges are supposed to do," Handler told Law360. "It's not their job to right every wrong or fix everything," he added. "If all you're doing is going around trying to right wrongs, it's a recipe for a chaotic judiciary."

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