United States First Circuit

Because Massachusetts law allows plaintiff to consider attorneys' fees as part of the damages award, an individual claim may count toward the amount in controversy requirement for diversity jurisdiction, but the putative class representative is not entitled to aggregate all class members' claims for attorneys' fees to meet the requirement.

Appellate Information

• Decided 05/24/2001
• Published 06/01/2001

Judges

• LIPEZ, Circuit Judge., Before BOUDIN, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John Peter Zavez, with whom Adkins, Kelson & Zavez, P.C. were on brief, for appellant.


• For Appellees:
  
• Michael T. Gass, with whom Paige Scott Reed and Palmer & Dodge LLP were on brief, for appellees.