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

MEMORANDUM in Support re MOTION to Dismiss Defendant's Counterclaim

41 Cited authorities

  1. Nedlloyd Lines B.V. v. Superior Court

    3 Cal.4th 459 (Cal. 1992)   Cited 566 times   14 Legal Analyses
    Holding that the phrase "governed by" in a choice of law clause compels the "logical conclusion" that the parties "intended that law to apply to all disputes arising out of the transaction or relationship"

  2. Kennedy v. Josephthal Co., Inc.

    814 F.2d 798 (1st Cir. 1987)   Cited 312 times   1 Legal Analyses
    Holding that discrepancy between oral misrepresentations and an offering memorandum constituted inquiry notice commencing limitations period

  3. Danca v. Taunton Savings Bank

    385 Mass. 1 (Mass. 1982)   Cited 189 times
    Holding a bank liable for "creating the impression that all was in order when, in fact, it was not."

  4. In re Lupron Marketing Sales Practices Litigation

    295 F. Supp. 2d 148 (D. Mass. 2003)   Cited 88 times
    Permitting plaintiffs in fraud action to remedy deficiencies in amended complaint after completion of discovery

  5. Sound Techniques v. Hoffman

    50 Mass. App. Ct. 425 (Mass. App. Ct. 2000)   Cited 80 times
    Holding that a merger clause providing that the plaintiff had not "relied upon any warranties or representations not set forth in this instrument" barred the plaintiff's negligent misrepresentation claim because there was "no reasonable basis for ignoring the plain language" of the contract in the absence of fraud, illegality, duress, or unconscionability

  6. Druker v. Roland Wm. Jutras Associates, Inc.

    370 Mass. 383 (Mass. 1976)   Cited 149 times

    March 4, 1976. June 4, 1976. Present: HENNESSEY, C.J., REARDON, QUIRICO, BRAUCHER, WILKINS, JJ. Pleading, Civil, Complaint. Practice, Civil, Motion to dismiss. A complaint alleging that the defendants under a written agreement performed interior design services for the plaintiff's restaurant, became privy to the plaintiff's unique concept, design, logotype, legend and theme for the restaurant, and later improperly used these items, including the name of the restaurant, in rendering interior design

  7. Turner v. Johnson Johnson

    809 F.2d 90 (1st Cir. 1986)   Cited 93 times   1 Legal Analyses
    Holding that reliance on untrue statements that were "flatly" contradicted by contract term could not give rise to fraud action since any reliance could not be reasonable

  8. Knapp Shoes, Inc. v. Sylvania Shoe Manufacturing Corp.

    418 Mass. 737 (Mass. 1994)   Cited 69 times
    Holding that 940 C.M.R. § 3.08 does not apply to business-to-business transactions

  9. Sheehy v. Lipton Industries, Inc.

    24 Mass. App. Ct. 188 (Mass. App. Ct. 1987)   Cited 84 times
    Holding that the implied covenant of good faith "pertains to bad faith in the performance of a contract, not in its execution."

  10. Comprehensive Care Corp. v. Rehabcare Corp.

    98 F.3d 1063 (8th Cir. 1996)   Cited 59 times
    Applying Missouri law

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,855 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. 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