Rockland Trust Co. v. LangoneAnnotate this Case
A district court judge is not required, pursuant to Mass. Gen. Laws ch. 218, 19 and 19A, to grant a plaintiff’s motion to dismiss a compulsory counterclaim under Mass. R. Civ. P. 12(b)(10) because the counterclaim is reasonably likely to result in the recovery of more than $25,000.
After Plaintiff sued Defendant, Defendant brought a counterclaim, asserting damages of $110,000. Citing rule 12(b)(1) and Mass. Gen. Laws ch. 218, 19 and 19A(b), Plaintiff moved to dismiss the counterclaim, arguing that the district court could not proceed with a counterclaim in excess of $25,000. The judge denied the motion. A single justice denied Plaintiff’s petition filed under Mass. Get. Laws ch. 211, 3. The Supreme Judicial Court affirmed, holding that the district court may proceed with a case properly before it where a counterclaim exceeds the $25,000 procedural limit.