§Why CasetextPricing

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

MEMORANDUM in Support re MOTION for Summary Judgment

33 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,221 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"

  2. Vivid Technologies v. American Science

    200 F.3d 795 (Fed. Cir. 1999)   Cited 730 times   4 Legal Analyses
    Holding that party opposing summary judgment must show either that movant has not established its entitlement to judgment on the undisputed facts or that material issues of fact require resolution by trial

  3. Rosenblum v. Travelbyus.com Ltd.

    299 F.3d 657 (7th Cir. 2002)   Cited 382 times
    Holding that references to an Employment Agreement and clause stating, "This Agreement together with the other agreements and documents to be delivered pursuant to this Agreement constitute the entire agreement between the Parties" did not evince an intent to incorporate the "other agreements and documents"

  4. Smith v. F.W. Morse Co., Inc.

    76 F.3d 413 (1st Cir. 1996)   Cited 373 times
    Holding that "a mere scintilla of evidence is not enough to forestall a directed verdict"

  5. Kennedy v. Josephthal Co., Inc.

    814 F.2d 798 (1st Cir. 1987)   Cited 313 times   1 Legal Analyses
    Holding that discrepancy between oral misrepresentations and an offering memorandum constituted inquiry notice commencing limitations period

  6. Correllas v. Viveiros

    410 Mass. 314 (Mass. 1991)   Cited 266 times
    Holding that alleged defamatory statements made when police and prosecutors were contemplating criminal action or other judicial proceedings were absolutely privileged

  7. Kuwaiti Computer v. Digital Equip

    438 Mass. 459 (Mass. 2003)   Cited 187 times   1 Legal Analyses
    Holding plaintiffs reliance on defendant's representation regarding a deal's finality unreasonable because plaintiff should have been aware that a third-party had final approval authority

  8. Ward v. Massachusetts Health Research Institute

    209 F.3d 29 (1st Cir. 2000)   Cited 151 times
    Holding that an employer's failure to show that a scheduling accommodation for an arthritic employee was unreasonable precluded entry of summary judgment in favor of the employer

  9. Echo, Inc. v. Whitson Co.

    52 F.3d 702 (7th Cir. 1995)   Cited 123 times
    Holding under Illinois law that in applying UCC section 2-717, purchase orders cannot be setoff against damages buyer sustains as result of breach of related distributorship agreement

  10. McNally Wellman Co. v. New York Elec. Gas

    63 F.3d 1188 (2d Cir. 1995)   Cited 74 times   1 Legal Analyses
    Finding that UCC § 2–719 displaced New York common law

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,589 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,010 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  13. Section 214:3 - Special jurisdiction

    Mass. Gen. Laws ch. 214 § 3   Cited 101 times   2 Legal Analyses
    Granting jurisdiction in "[a]ctions by creditors to reach and apply, in payment of a debt, any ... interest, legal or equitable, of a debtor"