Massachusetts State House.
Policy Library

Paul Sperounes v. Alfred P. Farese Jr.

August 01, 2007

The BBA filed an amicus brief in the case of Paul Sperounes v. Alfred P. Farese, Jr., Trustree of ALPHFA Realty Trust, a Malden District Court case concerning whether a District Court had discretion to retain civil cases in excess of the statutory damages limit of $25,000.  The brief took the position that the conflict between different portions of the statute, and between the statute and the District Court’s own interpretation of the amendments, should be resolved so as to provide clarity to litigants. Finding the limit to be jurisdictional, as opposed to procedural, provides greater clarity. However, whether the SJC found that the $25,000 limit is jurisdictional or procedural, the SJC should provide guidance so that the District Court judges could determine which cases should be retained.