26 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 189,377 times   29 Legal Analyses
    Holding that there cannot be a genuine issue of material fact where the nonmoving party fails to make a sufficient showing to establish the existence of an essential element
  2. Greenberg v. Puerto Rico Maritime Shipping

    835 F.2d 932 (1st Cir. 1987)   Cited 493 times
    Vacating grant of summary judgment despite "rather frail" evidence including testimony containing "flagrant contradictions"
  3. Cianbro Corp. v. Curran-Lavoie, Inc.

    814 F.2d 7 (1st Cir. 1987)   Cited 135 times
    Holding that proximity of the federal districts is a consideration in change-of-venue analysis
  4. Federal Trade Commission v. Febre

    128 F.3d 530 (7th Cir. 1997)   Cited 94 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
  5. Regan v. Vinick & Young

    862 F.2d 896 (1st Cir. 1988)   Cited 82 times

    Nos. 88-1451, 88-1504. Heard October 4, 1988. Decided November 30, 1988. Sharon R. Burger, with whom Edward P. Leibensperger, Donald R. Peck and Nutter, McClennen Fish, Boston, Mass., were on brief, for Vinick Young, etc., et al. Jerome M. Leonard, with whom Ropes Gray, Boston, Mass., was on brief, for Intern. Surplus Lines Ins. Co. Lawrence G. Green, with whom Neill E. Silverman and Perkins, Smith, Arata Howard, Boston, Mass., were on brief, for John J. Regan. Appeal from the District of Massachusetts

  6. Am. Elec. Power Co. v. Westinghouse Elec. Corp.

    418 F. Supp. 435 (S.D.N.Y. 1976)   Cited 105 times   1 Legal Analyses
    Upholding virtually identical clause
  7. Gemstones v. Union Carbide

    47 N.Y.2d 250 (N.Y. 1979)   Cited 70 times
    Holding that once a buyer invokes § 2-717, its further liability for goods sold and delivered is "extinguished"
  8. Atlantic Fish Spotters Ass'n v. Evans

    321 F.3d 220 (1st Cir. 2003)   Cited 22 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”
  9. Mahan v. Boston Water and Sewer Com'n

    179 F.R.D. 49 (D. Mass. 1998)   Cited 21 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"
  10. Hunter v. Youthstream Media Networks, Inc.

    241 F. Supp. 2d 52 (D. Mass. 2002)   Cited 14 times
    Applying the traditional four-part preliminary injunction standard in analogous circumstances
  11. Section 106:2-717 - Deduction of damages from price

    Mass. Gen. Laws ch. 106 § 2-717   Cited 2 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