§Why CasetextPricing

Limtiaco v Auctioncars.com, LLC

MOTION for Partial Summary Judgment

28 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,408 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. Adickes v. Kress Co.

    398 U.S. 144 (1970)   Cited 25,049 times   1 Legal Analyses
    Holding that a private person who conspires with government actors to deprive a plaintiff of her constitutional rights acts "under color of law" for purposes of § 1983

  3. First Nat. Bank v. Cities Service

    391 U.S. 253 (1968)   Cited 8,816 times   1 Legal Analyses
    Holding that a continuance of summary judgment need not be granted particularly when ample time and opportunities for discovery have already lapsed

  4. Mourning v. Family Publications Service, Inc.

    411 U.S. 356 (1973)   Cited 812 times   2 Legal Analyses
    Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"

  5. Commodity Futures Trading Com'n v. Savage

    611 F.2d 270 (9th Cir. 1980)   Cited 815 times
    Holding that "an action for injunctive relief by the [US]CFTC under section 40 requires only that the violator have acted intentionally. That is, he must have intended to employ the 'device, scheme, or artifice' but it is not necessary that he know that its result will be to defraud the client or prospective client."

  6. Zoslaw v. MCA Distributing Corp.

    693 F.2d 870 (9th Cir. 1982)   Cited 708 times
    Holding that the “flow of commerce ends when goods reach their intended destination”

  7. Ford Motor Credit Co. v. Cenance

    452 U.S. 155 (1981)   Cited 104 times
    Holding that an assignee was a creditor under the pre-1980 TILA because of a substantial involvement in the transaction

  8. Chemtex, LLC v. St. Anthony Enterprises, Inc.

    490 F. Supp. 2d 536 (S.D.N.Y. 2007)   Cited 57 times
    Aiding and abetting liability requires actual knowledge of the primary wrong

  9. Burnett v. Ala Moana Pawn Shop

    3 F.3d 1261 (9th Cir. 1993)   Cited 13 times
    Holding TILA applies to pawnbrokers

  10. Amn. Gen. Fin. v. Woods-Witcher

    669 S.E.2d 709 (Ga. Ct. App. 2008)

    No. A08A1282. DECIDED NOVEMBER 19, 2008. Uniform Commercial Code. Fulton State Court. Before Judge Newkirk. Hunton Williams, Amy A. Quakenboss, Brooke F. Voelzke, for appellant. Sidney L. Moore, Jr., for appellee. PHIPPS, Judge. This appeal involves the application of the Virginia Uniform Commercial Code to the sale of a repossessed vehicle that had served as collateral for a loan. American General Financial Services, Inc., the secured party, brought an action against Georgia resident Shirley Woods-Witcher

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,909 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 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,215 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  13. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,806 times   52 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

  14. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,914 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  15. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  16. Section 1638 - Transactions other than under an open end credit plan

    15 U.S.C. § 1638   Cited 1,182 times   4 Legal Analyses
    Describing TILA’s disclosure requirements for consumer credit transactions

  17. Section 1632 - Form of disclosure; additional information

    15 U.S.C. § 1632   Cited 242 times   2 Legal Analyses
    Listing finance charge as one of few items that must be "disclosed more conspicuously than other items, data, or information . . ."

  18. Section 226.1 - Authority, purpose, coverage, organization, enforcement, and liability

    12 C.F.R. § 226.1   Cited 825 times   5 Legal Analyses
    Recognizing that Regulation Z was issued by the Board of Governors to implement the TILA