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Spielman v. Genzyme Corp.

Class action plaintiff could not aggregate state statutory attorney fees to meet federal district court's minimum amount-in-controversy requirement.

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APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. Edward F. Harrington, U.S. District Judge]

Michael Spielman, the named plaintiff in a putative class action, appeals the district court’s dismissal of his suit for lack of subject matter jurisdiction. The court found that the plaintiff’s individual damages claim failed to satisfy the amount-in- controversy minimum set by 28 U.S.C. � 1332 for entry into federal court. The court also rejected the plaintiff’s alternative argument that his claim for attorney’s fees under Chapter 93A of the Massachusetts Consumer Protection Statute fulfilled the amount-in- controversy requirement because Massachusetts law allowed him to aggregate all of the fees anticipated by the class. We agree that Spielman does not meet the amount-in-controversy minimum and affirm the district court’s dismissal of his suit.

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