Appeals court hears arguments in Perry v. Wellpath over indigency waivers and expert-fee requests

BOSTON — The Massachusetts Appeals Court heard oral argument on Dec. 18, 2025, in Perry v. Wellpath, a dispute over whether a jailed litigant’s indigency should have triggered automatic waivers of court fees and whether the statute that imposes a 20% canteen payment for certain inmate suits applies to a private contractor.

A three-judge panel led by Justice Henry (joined by Justices Sachs and Tan) allotted 15 minutes per side and asked counsel to focus on legal questions. The court’s docket lists this matter as 2024P0107. After hearing argument from the plaintiff and counsel for Wellpath, the court took the matter under advisement and recessed.

Why it matters: The parties debated whether the statutory framework governing costs and fee waivers for indigent litigants and the narrower inmate‑fee rule apply when the defendant is a private health‑care contractor that provided services to people in Department of Correction custody. The outcome could affect how…