26 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,014 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Greenberg v. Puerto Rico Maritime Shipping
835 F.2d 932 (1st Cir. 1987) Cited 521 times
Vacating grant of summary judgment despite "rather frail" evidence including testimony containing "flagrant contradictions"
Cianbro Corp. v. Curran-Lavoie, Inc.
814 F.2d 7 (1st Cir. 1987) Cited 139 times
Holding that proximity of the federal districts is a consideration in change-of-venue analysis
Federal Trade Commission v. Febre
128 F.3d 530 (7th Cir. 1997) Cited 99 times
Holding "ancillary equitable relief" under 13(b) includes "the power to order repayment of money for consumer redress as restitution" and affirming $16 million in disgorgement
Regan v. Vinick & Young
862 F.2d 896 (1st Cir. 1988) Cited 91 times
Applying Massachusetts law
Am. Elec. Power Co. v. Westinghouse Elec. Corp.
418 F. Supp. 435 (S.D.N.Y. 1976) Cited 110 times 1 Legal Analyses
Upholding virtually identical clause
Gemstones v. Union Carbide
47 N.Y.2d 250 (N.Y. 1979) Cited 73 times
Holding that once a buyer invokes § 2-717, its further liability for goods sold and delivered is "extinguished"
Atlantic Fish Spotters Ass'n v. Evans
321 F.3d 220 (1st Cir. 2003) Cited 24 times
Concluding that it was not unreasonable to read an appropriation act's prohibition of the use of “spotter planes” by tuna fishermen as lasting for only one year because “[p]olitics is, after all, the art of compromise”
Mahan v. Boston Water and Sewer Com'n
179 F.R.D. 49 (D. Mass. 1998) Cited 26 times
Rejecting the extension of the sham affidavit rule to post-deposition affidavits of non-deposed, non-party affiants in part because doing so would "turn summary judgment into a trial on the merits"
Hunter v. Youthstream Media Networks, Inc.
241 F. Supp. 2d 52 (D. Mass. 2002) Cited 18 times
Applying the traditional four-part preliminary injunction standard in analogous circumstances
Section 106:2-717 - Deduction of damages from price
Mass. Gen. Laws ch. 106 § 2-717 Cited 3 times
The buyer on notifying the seller of his intention so to do may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract. Mass. Gen. Laws ch. 106, § 2-717

ITV Direct, Inc. v. Healthy Solutions, LLC et al

26 Cited authorities

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Vacating grant of summary judgment despite "rather frail" evidence including testimony containing "flagrant contradictions"

Holding that proximity of the federal districts is a consideration in change-of-venue analysis

Holding "ancillary equitable relief" under 13(b) includes "the power to order repayment of money for consumer redress as restitution" and affirming $16 million in disgorgement

Applying Massachusetts law

Upholding virtually identical clause

Holding that once a buyer invokes § 2-717, its further liability for goods sold and delivered is "extinguished"

Concluding that it was not unreasonable to read an appropriation act's prohibition of the use of “spotter planes” by tuna fishermen as lasting for only one year because “[p]olitics is, after all, the art of compromise”

Rejecting the extension of the sham affidavit rule to post-deposition affidavits of non-deposed, non-party affiants in part because doing so would "turn summary judgment into a trial on the merits"

Applying the traditional four-part preliminary injunction standard in analogous circumstances