David I. Brody quoted in Massachusetts Lawyers Weekly on whether attorneys’ fees should be included in calculating amount-in-controversy threshold

August 7, 2020

David I. Brody, partner in the firm’s Employment Department, was quoted in a Massachusetts Lawyers Weekly (MLW) article on August 6, 2020. The article, “Attorneys’ fees counted against procedural limit,” examines a recent Wage Act case in which a single judge of the Appeals Court ruled that statutory awards of attorneys’ fees should be considered in determining whether the amount-in-controversy threshold to establish Superior Court jurisdiction has been met.

Read the full article in Massachusetts Lawyers Weekly (subscriber content).

From the article:

“Boston employment attorney David I. Brody said Shin’s decision would also help lower-wage workers obtain legal assistance.

‘Including attorneys’ fees in the definition of ‘recovery’ is consistent with the purpose of fee-shifting provisions in employment statutes like the Wage Act, which is to ensure that all workers have access to skilled counsel in pursuing damages that — while significant to the worker — might not otherwise justify incurring legal fees,’ he said.

… ‘The practice tip from this decision is that attorneys’ fees should not only be mentioned in your prayer for relief; it should be pleaded in your jurisdictional requirements, just like where each party lives,’ Brody said.”