§Why CasetextPricing

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

REPLY to Response to Motion re MOTION for Leave to File Second Amended Answer and Counterclaim

28 Cited authorities

  1. Alt. Energy v. St. Paul Fire Marine

    267 F.3d 30 (1st Cir. 2001)   Cited 754 times
    Holding that a contract is ambiguous only when it is "reasonably susceptible of different interpretations"

  2. Glassman v. Computervision Corp.

    90 F.3d 617 (1st Cir. 1996)   Cited 644 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. Hershenow v. Enterprise Rent-A-Car Company of Boston

    445 Mass. 790 (Mass. 2006)   Cited 171 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"

  4. Greenwood Trust Co. v. Com. of Mass

    971 F.2d 818 (1st Cir. 1992)   Cited 142 times   2 Legal Analyses
    Holding that Massachusetts usury law reflects a fundamental public policy of protecting the state's debtors

  5. State St. Bk. and Tr. Co. v. Denman Tire Corp.

    240 F.3d 83 (1st Cir. 2001)   Cited 106 times
    Holding that a provision that representations “shall expire on the second (2nd) anniversary of the Closing” shortened the period within which a claim could be filed

  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. Cosme v. Whitin Machine Works, Inc.

    417 Mass. 643 (Mass. 1994)   Cited 103 times
    Adopting rule found in Restatement

  8. Reicher v. Berkshire Life Ins. Co. of America

    360 F.3d 1 (1st Cir. 2004)   Cited 73 times
    Affirming dismissal of Maryland plaintiff's Chapter 93A claim under similar circumstances

  9. Northeast Data Sys. v. McDonnell Douglas

    986 F.2d 607 (1st Cir. 1993)   Cited 99 times
    Holding that chapter 93A claims "amount[ed] to embroidered 'breach of contract claims' " where the supporting allegations were based on actions that broke or were forbidden by the contract

  10. Kitner v. CTW Transport, Inc.

    53 Mass. App. Ct. 741 (Mass. App. Ct. 2002)   Cited 69 times
    Concluding that plaintiff's Chapter 93A claim for negligent misrepresentation sounded in tort and, therefore, fell outside the scope of the parties' choice of law provision

  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 345,981 times   922 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 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