Archives for November 2019

SJC Raises Jurisdictional Threshold for Civil Actions for Money Damages Filed in the Superior Court and District Court Departments of the Trial Court

November 19, 2019

CHANGES COMING ON JANUARY 1, 2020

With respect to claims for money damages, the Massachusetts Supreme Judicial Court (“SJC”) agreed by way of a July 17, 2019 Order to implement a change (increase) in the amount-in-controversy requirement for civil cases in Massachusetts, which has not been changed in Massachusetts since 1986. For Superior Court actions, General Laws c. 212, § 3, as amended by St. 2004, c. 252, § 2, has provided in pertinent part: “Except as otherwise provided by law, the court shall have original jurisdiction of civil actions for money damages. The actions may proceed in the court only if there is no reasonable likelihood that recovery by the plaintiff will be less than or equal to $25,000, or an amount ordered from time to time by the supreme judicial court. Where multiple damages are allowed by law, the amount of single damages claimed shall control.”

As a result of the impending change, as of January 1, 2020 the Superior Courts of Massachusetts now will only accept case with damages likely to be over $50,000. The maximum procedural amount for civil actions in the District Courts and Boston Municipal Court will correspondingly increase to $50,000.

Note that with respect to claims seeking equitable remedies, General Laws c. 214, § 1, grants the Superior Court “original and concurrent jurisdiction (with the SJC) of all cases and matters of equity cognizable under the general principles of equity jurisprudence”. This remains unchanged.

IMPLICATIONS

If you are contemplating bringing a lawsuit that seeks money damages in the Superior Court, and the amount in controversy does not exceed $50,000, this may be a good time to confer with an attorney to determine whether you should file suit sooner rather than later.

The short-term effect of this Order is likely to dramatically increase the number of civil cases that are heard in the District Court Department. It remains to be seen how the District Court Department will administratively handle such an influx of new cases, given that the jurisdictional limit for cases involving claims seeking money damages is about to double.

Single Vehicle Accident Case Settles After Claim of Sudden Medical Emergency is Debunked

November 19, 2019

Christopher Greeley recently settled a subrogation claim for a client in relation to a North Shore accident where a motor vehicle left the roadway and struck a historic home. The adverse driver’s insurer refused to settle the property damage claim, insisting that a “sudden medical emergency” resulted in the driver losing control of the vehicle. However, the adverse driver’s insurer refused to turn over the medical record that it claimed justified a denial of the claim, due to HIPAA privacy concerns. To obtain and review the medical records, Chris immediately filed suit on behalf of his client, and secured a court order. The Adverse Driver’s records revealed that a relevant pre-existing medical condition had been concealed. The matter promptly concluded via settlement upon verification of the adverse driver’s pre-existing medical condition, which undermined the suggestion of the accident having resulted from a “sudden medical emergency”.

Jury Finds Landlord Was Not Negligent in Tenant’s Slip and Fall Following Snowstorm

November 19, 2019

In August of 2019, Jake Lavin obtained a verdict in favor of a landlord who was accused of failing to properly remove ice from its property in Dorchester, Massachusetts, allegedly causing the plaintiff to sustain a fractured ankle. The defense presented the testimony of the landlord and two employees of the snow removal contractor who were present at the property the morning of the alleged accident. After listening to the testimony regarding the process followed by the landlord and the contractors for removal of snow and ice at the property following snowstorms, the jury found that the landlord was not negligent and, therefore, not liable to the plaintiff for her alleged injuries.

Archives for November 2019

SJC Raises Jurisdictional Threshold for Civil Actions for Money Damages Filed in the Superior Court and District Court Departments of the Trial Court

Single Vehicle Accident Case Settles After Claim of Sudden Medical Emergency is Debunked

Jury Finds Landlord Was Not Negligent in Tenant’s Slip and Fall Following Snowstorm

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