Counsel, Tort Litigation

At the MBTA, we envision a thriving region enabled by a best-in-class transit system. Our mission is to serve the public by providing safe, reliable, and accessible transportation. MBTA’s core values are built around safety, service, equity, and sustainability and each employee that works for the MBTA performs their roles based on our vision, mission, and values. This includes attendance, participation, and contribution in local safety committee meetings as needed.
Job Summary
The Counsel, Tort Litigation will provide advice, counsel, and representation to the MBTA and MassDOT on behalf of the MassDOT/MBTA General Counsel. The Counsel, Tort Litigation acts under the supervision of the Senior Counsel for Tort Litigation, Senior Lead Counsel for Litigation, and the Managing Counsel for Litigation.
Duties & Responsibilities

  • Litigates tort matters on behalf of the MBTA in the state and federal courts.
  • Reviews and responds to complaints; including drafting of answers, motions to dismiss or other responsive pleadings.
  • Conducts and responds to discovery in a thorough and timely manner.
  • Research, drafts, and files dispositive motions.
  • Resolves matters through negotiation, mediation, and other forms of alternative dispute resolution.
  • Conducts jury trials and handles all aspects of appeals.
  • Maintains accurate records of work conducted in matter management software.
  • Perform all other duties and projects that may be assigned.

Additional responsibilities may include focus on one or more departments or locations. See applicable addendum for department or location specific functions.

Minimum Requirements & Qualifications

  • Juris Doctorate Degree is required.
  • Member in good standing of the Massachusetts Bar, or ability to obtain bar admission within six (6) months of hire, with annual certification and registration by the Board of Bar Overseers.
  • Five (5) years of litigation experience.
  • Ability to manage and prioritize a high-volume workload.
  • Ability to manage multiple stakeholders in a fast-paced work environment.
  • Experience in government or with highly regulated industry or client
  • Excellent verbal and written communication skills.
  • Proven problem-solving skills and sound judgment.

Substitutions Include

  • None

Preferred Experience and Skills

  • A significant portion of the required work experience should be in the area of insurance defense or personal injury litigation in a law firm or in-house setting.
  • Experience representing public employers subject to the Massachusetts Tort Claims Act.
  • Significant first-chair trial experience is highly preferred.

Job Conditions:

  • Ability to effectively comprehend, communicate, and respond to instructions, orders, signs, notices, inquiries, etc. in English
  • Ability to provide internal and external customers with courteous and professional experiences
  • Ability to work effectively independently and as part of a team (or supervise, if required)
  • Ability to uphold the rights and interests of the MBTA while building and maintaining effective relationships with employees and co-workers
  • Ability to adhere to rules, regulations, collective bargaining agreements (if applicable), and policies of the MBTA, including the EEO, anti-discrimination, anti-harassment, and anti-retaliation policies
  • Have a satisfactory work record for the two (2) years immediately prior to the closing date of this posting, including overall employment, job performance, discipline, and safety records (infractions and/or offenses occurring after the closing of the posting and before the filling of a vacancy may preclude a candidate from consideration for selection)
  • Ability to pass a Criminal Offender Record Information (CORI) check, comprehensive background screening, and medical Clinic screening, potentially including a physical examination and drug and alcohol screenings
  • Ability to work all shifts and / or locations assigned, directed, or necessary for this position, including (for some transit / operations roles) up to twenty-four (24) hours per day, seven (7) days per week as necessary to accommodate severe weather conditions, emergencies, or any other circumstances that may potentially impact service or the safety of service

Disclaimers and Definitions:

  • General Disclaimer: The statements contained in this job description are intended to describe a summary, general nature, and complexity of typical job functions and do not represent an exhaustive list of all duties, tasks, and responsibilities required of staff assigned to this position.
  • Work Environment: The physical demands and work environment characteristics described here-in are representative of those an employee may encounter while performing the essential functions of this job. Reasonable accommodations can be made to enable individuals with disabilities to perform essential functions. See job description for role-specific requirements.
  • Work Eligibility: Although the MBTA is an Equal Opportunity Employer, all employees must be legally authorized to work in the United States on an unrestricted basis (the MBTA does not sponsor non-US citizens). However, if you have an unrestricted work authorization, or sponsored by a separate entity, you are welcome to apply for open positions. International students taking part in CPT / STEM / OPT programs through a university are eligible for internships and co-ops with the MBTA. In compliance with federal law, all persons hired will be required to complete a Form I-9 to verify their identity and eligibility to work in the U.S.
  • Safety Sensitive Positions: Employees working in this classification will be subject to periodic physical examinations plus random drug and alcohol testing.
  • On-call or 24/7 Positions: Employees working in this classification must be available to respond to page / text / call and report to work as determined by assigned department or the Authority.
  • Essential / Emergency Staff: During declared “states of emergency,” employees working in this classification are required to report to work for their assigned work hours or as directed by management.
  • Employment Benefits at the MBTA

    The MBTA offers comprehensive benefits packages to employees. Types of benefits offered at the MBTA are subject to the union affiliation / Collective Bargaining Agreement (CBA) of the position to which you apply. Benefits that may apply to your position include the following:

    • Insurance: Health, Dental, Vision, Life (basic and supplemental), Long-Term Disability
    • Paid Time Off (PTO): Vacation, Personal Days, Sick Leave, Paid Holidays
    • Retirement: pension or deferred compensation 401(a), plus MBTA contributions
    • Tuition Reimbursement (up to $10,000 per year)
    • Public Service Loan Forgiveness (PSLF) for student loans
    • Commuter Choice Parking Program: pre-tax benefits for parking
    • Flexible Spending Account (FSA): pre-tax benefits for healthcare-related expenses
    • Discounted tickets for concerts, movies, travel / vacation, etc. via TicketsAtWork.com
    • Shopping discounts via GovX.com
    • Verizon and AT&T service discounts
    • And more…

    The above information is meant to be a general overview of the benefit programs offered by the MBTA. This summary is not a contract andis not meant to change the provisions of union contracts or Authority policy and does not establish a binding past practice.

    The MBTA is an Affirmative Action/Equal Opportunity Employer

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