§Why CasetextPricing

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

REPLY to Response to Motion re MOTION for Summary Judgment ITV's Opposition to Cappseal's Motion for Summary Judgment

23 Cited authorities

  1. Rosenblum v. Travelbyus.com Ltd.

    299 F.3d 657 (7th Cir. 2002)   Cited 390 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"

  2. Coll v. PB Diagnostic Systems, Inc.

    50 F.3d 1115 (1st Cir. 1995)   Cited 275 times
    Holding that employer's failure to "firm up" oral promise of long-term compensation rendered any reliance on an oral promise unreasonable

  3. Schwanbeck v. Federal-Mogul Corp.

    412 Mass. 703 (Mass. 1992)   Cited 187 times   1 Legal Analyses
    Holding that "any promise involving real property is enforceable only if that promise meets the requirements of the statute"

  4. Echo, Inc. v. Whitson Co.

    52 F.3d 702 (7th Cir. 1995)   Cited 127 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

  5. In re Cambridge Biotech Corp.

    186 F.3d 1356 (Fed. Cir. 1999)   Cited 100 times
    Noting that the inquiry under Rule 19 is “whether the party should be joined if feasible, i.e., is the party ‘necessary’ ”

  6. 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

  7. Travenol Laboratories, Inc. v. Zotal, Ltd.

    394 Mass. 95 (Mass. 1985)   Cited 54 times
    Recognizing that in an F.O.B. contract, the place of delivery is ordinarily where the seller places the goods into the hands of the carrier at the seller's place of business

  8. Donoghue v. IBC USA (Publications), Inc.

    70 F.3d 206 (1st Cir. 1995)   Cited 33 times
    Applying Massachusetts law

  9. ER Holdings, Inc. v. Norton Co.

    735 F. Supp. 1094 (D. Mass. 1990)   Cited 39 times
    Holding that damages cannot compensate for loss of contractual right to vote as shareholder

  10. In re Woodman

    379 F.3d 1 (1st Cir. 2004)   Cited 12 times
    Refusing to review a party's argument in light of its “failure to advance [it] before the bankruptcy court in the first instance”

  11. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 42,485 times   144 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

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

    Fed. R. Civ. P. 5   Cited 23,068 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system