McGowan & Associates

Attorneys at Law

  • Our People
    • Attorneys
      • Owen P. McGowan
      • Christopher J. Greeley
      • Christopher C. Nichols
      • Mathew P. Smith
      • Staff
  • Expertise
    • Personal Injury
    • Subrogation
    • Estate Planning
    • Real Estate
    • Business
    • Civil Litigation
    • Alternative Dispute Resolution
      • Mediation
      • Arbitration
  • Representative Cases
  • Representative Clients
  • Firm News
  • Contact Us
    • Map and Directions

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.

Read more.

Filed Under: Firm News Tagged With: Massachusetts Law, Trial Courts

Awards

$2.75 Million: Construction Accident
–
$2.5 Million: Medical Malpractice
–
$1.85 Million: Car Accident
–
$1.45 Million: Car Accident

Free Legal Consultation

Call 781-261-9977

Our Office

McGowan & Associates
80 Washington Street Ste C20
Norwell, MA 02061
Office: 781-261-9977
Fax: 781-261-9993

Practice Areas

  • Personal Injury
  • Subrogation
  • Business
  • Real Estate
  • Insurance Defense
  • Litigation
  • Estate Planning

Personal Injury

  • Car Accidents
  • Truck Accidents
  • Catastrophic Injuries
  • Child Injuries
  • Burn Injuries
  • Dog Bite Claims
  • Wrongful Death
  • Burn Injuries
  • Premises Liability
  • Product Liability
  • Insurance Coverage Disputes
  • Medical Malpractice

Our Attorneys

Owen P. McGowan
Christopher J. Greeley
Christopher C. Nichols
Mathew P. Smith

Practice Areas

Personal Injury
Subrogation
Estate Planning
Real Estate
Business Law
Civil Litigation

Alternative Dispute Resolution

Mediation

Arbitration

McGowan & Associates | 80 Washington Street Ste C20 | Norwell, MA 02061 | Office: 781-261-9977 | Fax: 781-261-9993
Home | Sitemap | Privacy Policy | Disclaimer

McGowan & Associates serves clients across Massachusetts, including in the South Shore and Plymouth County: in Abington, Bridgewater, Brockton, Carver, Duxbury, East Bridgewater, Halifax, Hanover, Hanson, Hingham, Hull, Kingston, Lakeville, Marion, Marshfield, Mattapoisett, Middleborough, Norwell, Pembroke, Plymouth, Plympton, Rochester, Rockland, Scituate, Wareham, West Bridgewater and Whitman. In Norfolk County, serving clients in Quincy, Cohasset, Weymouth, Braintree, Randolph and Milton. Also serving Boston and Suffolk County, Cambridge and Middlesex County, Essex County, Bristol County and Barnstable County.