§Why CasetextPricing

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

MEMORANDUM in Support re MOTION for Summary Judgment Partial Summary Judgment on Certain of Its Claims in Counts VII, XII, and XIII of Its Counterclaim

59 Cited authorities

  1. Aspinall v. Philip Morris Companies, Inc.

    442 Mass. 381 (Mass. 2004)   Cited 264 times   5 Legal Analyses
    Holding that conduct is actionably “deceptive when it has the capacity to mislead consumers, acting reasonably under the circumstances, to act differently from the way they otherwise would have acted (i.e., to entice a reasonable consumer to purchase the product)”

  2. Hershenow v. Enterprise Rent-A-Car Company of Boston

    445 Mass. 790 (Mass. 2006)   Cited 170 times   1 Legal Analyses
    Holding that Chapter 93A plaintiff must prove an "invasion" of a "legally protected interest" and that the "invasion causes the consumer a loss," either "economic or non-economic"

  3. International Fidelity Ins. Co. v. Wilson

    387 Mass. 841 (Mass. 1983)   Cited 327 times
    Holding defendants independently liable

  4. PMP Associates, Inc. v. Globe Newspaper Co.

    366 Mass. 593 (Mass. 1975)   Cited 398 times   1 Legal Analyses
    Upholding dismissal of complaint, stating that refusing to do business “is not within any recognized conception of unfairness, is neither immoral, unethical, oppressive nor unscrupulous, and would not cause substantial injury to consumers, competitors or other businessmen.”

  5. Zimmerman v. Kent

    31 Mass. App. Ct. 72 (Mass. App. Ct. 1991)   Cited 195 times
    Upholding the determination that the plaintiff reasonably relied on the false statement, even though its falsity would have been uncovered merely by obtaining an independent estimate

  6. Massachusetts Employee Ins. Exch. v. Propac-Mass, Inc.

    420 Mass. 39 (Mass. 1995)   Cited 175 times
    Holding that "conduct undertaken as leverage to destroy the rights of another party to [an] agreement while the agreement is still in effect" constituted not only a breach of contract, but "warranted a finding of unfair acts or practices" under Mass. Gen. Laws c. 93A

  7. Barnes v. Fleet Nat. Bank, N.A.

    370 F.3d 164 (1st Cir. 2004)   Cited 120 times
    Holding that a violation of the Truth in Savings Act, a federal consumer protection statute, constitutes a per se violation of Chapter 93A

  8. USM Corp. v. Arthur D. Little Systems, Inc.

    28 Mass. App. Ct. 108 (Mass. App. Ct. 1989)   Cited 175 times
    Holding that contract for "turnkey" computer system was "good" under Mass. G.L. c. 106, § 2-102

  9. Purity Supreme, Inc. v. Attorney General

    380 Mass. 762 (Mass. 1980)   Cited 196 times   1 Legal Analyses
    Holding that such regulations are "valid exercise of the Attorney General's power under G.L. c. 93A, § 2(c), with the force of law normally accorded to an agency's regulation"

  10. Schott Motorcycle Supply v. Am. Honda Motor Co.

    976 F.2d 58 (1st Cir. 1992)   Cited 134 times
    Holding party bound by "clear and express statement" in its original and amended complaints

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

    Mass. Gen. Laws ch. 93A § 2   Cited 1,305 times   18 Legal Analyses
    Granting Massachusetts attorney general the authority to make rules and regulations interpreting section 2

  12. Section 93A:11 - Persons engaged in business; actions for unfair trade practices; class actions; damages; injunction; costs

    Mass. Gen. Laws ch. 93A § 11   Cited 1,164 times   8 Legal Analyses
    Requiring proof of willful conduct as a predicate to trebling

  13. Section 400.1-201 - General definitions

    Mo. Rev. Stat. § 400.1-201   Cited 58 times
    Defining "bearer"