§Why CasetextPricing

Computer Sales International, Inc. v. Lycos Inc. et al

MEMORANDUM in Opposition re MOTION for Leave to File Second Amended Answer and Counterclaim

19 Cited authorities

  1. Watterson v. Page

    987 F.2d 1 (1st Cir. 1993)   Cited 1,385 times
    Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

  2. Glassman v. Computervision Corp.

    90 F.3d 617 (1st Cir. 1996)   Cited 642 times
    Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”

  3. Aponte-Torres v. University of Puerto Rico

    445 F.3d 50 (1st Cir. 2006)   Cited 426 times
    Holding that the plaintiffs "fail[ed] to articulate a cognizable federal claim"

  4. Steir v. Girl Scouts of the USA

    383 F.3d 7 (1st Cir. 2004)   Cited 399 times
    Holding that a party must demonstrate the prospect of future harm in order to maintain standing for equitable relief

  5. Resolution Trust Corp. v. Gold

    30 F.3d 251 (1st Cir. 1994)   Cited 160 times
    Affirming denial of motion for leave to amend "proffered at the eleventh hour to fend off summary judgment"

  6. Begelfer v. Najarian

    381 Mass. 177 (Mass. 1980)   Cited 172 times
    Holding that defendant private individuals participating in a real estate transaction were not "engaged in the conduct of any trade or commerce" and therefore could not be liable, and stating that one relevant factor is "whether the transaction is motivated by business or personal reasons" but not stating how that analysis is conducted

  7. Woods-Tucker Leasing Corp. v. Hutcheson-Ingram

    642 F.2d 744 (5th Cir. 1981)   Cited 101 times
    Holding that "whether, under applicable state law . . . the transaction is in fact a secured loan rather than a true sale-leaseback; and if a loan, whether it is usurious."

  8. Seeman v. Phila. Warehouse Co.

    274 U.S. 403 (1927)   Cited 87 times

    CERTIORARI TO THE CIRCUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. No. 198. Argued March 8, 1927. Decided May 16, 1927. 1. A corporation engaged in lending money or credit, may legitimately stipulate for repayment in the State in which it is organized and conducts its business, in accordance with its laws and at the interest rate there allowable, even though the agreement for the loan was entered into in another State where a different law and a lower rate of interest prevail. P. 407. 2. The bona

  9. Computer Sales International v. Lycos, Inc.

    Civil Action No. 05-10017-RWZ (D. Mass. Dec. 6, 2005)   Cited 4 times
    Holding that choice of law clause does not apply when analyzing the validity of the contracts formation

  10. Carlson v. Giacchetti

    35 Mass. App. Ct. 57 (Mass. App. Ct. 1993)   Cited 15 times

    No. 92-P-80. April 13, 1993. July 29, 1993. Present: SMITH, GILLERMAN, IRELAND, JJ. Uniform Commercial Code, Security interest. Contract, Equipment lease. Discussion of G.L.c. 106, §§ 9-102 and 1-201 (37), with respect to the factors relevant to a determination whether an equipment lease was intended by the parties to be treated under the Uniform Commercial Code as a true lease or as a security agreement. [60-65] An equipment lease was to be treated under the Uniform Commercial Code as a true lease

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,251 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,915 times   21 Legal Analyses
    Determining whether counterclaims are compulsory

  13. Section 93A:2 - Unfair practices; legislative intent; rules and regulations

    Mass. Gen. Laws ch. 93A § 2   Cited 1,304 times   18 Legal Analyses
    Granting Massachusetts attorney general the authority to make rules and regulations interpreting section 2

  14. Section 271:49 - Criminal usury

    Mass. Gen. Laws ch. 271 § 49   Cited 61 times   1 Legal Analyses

    (a) Whoever in exchange for either a loan of money or other property knowingly contracts for, charges, takes or receives, directly or indirectly, interest and expenses the aggregate of which exceeds an amount greater than twenty per centum per annum upon the sum loaned or the equivalent rate for a longer or shorter period, shall be guilty of criminal usury and shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than ten thousand dollars, or by

  15. Section 106:1-201 - General definitions

    Mass. Gen. Laws ch. 106 § 1-201   Cited 58 times
    Defining knowledge for organizations

  16. Section 106:9-406 - Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective

    Mass. Gen. Laws ch. 106 § 9-406   Cited 2 times

    (a) Discharge of account debtor; effect of notification. Subject to subsections (b) through (i), an account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge

  17. Section 271:29 - Representation that a thing other than subject of sale is to be delivered; stamps and other devices entitling purchaser to other property

    Mass. Gen. Laws ch. 271 § 29

    Whoever sells, exchanges or disposes of any property, or offers or attempts so to do, upon a representation, advertisement, notice or inducement that anything other than what is specifically stated to be the subject of the sale or exchange is or is to be delivered or received, or is in any way connected with or is a part of the transaction, or whoever gives a stamp, coupon or other device which entitles a purchaser to demand or receive from a person or company other than the merchant dealing in the