§Why CasetextPricing

Simmons v. Charter Communications, Inc.

Memorandum in Opposition

13 Cited authorities

  1. Bryant v. Maffucci

    923 F.2d 979 (2d Cir. 1991)   Cited 1,983 times
    Holding that mere negligence in denying inmate access to an abortion does not state a claim for a constitutional violation

  2. Meyer v. Portfolio Recovery Assocs., LLC

    707 F.3d 1036 (9th Cir. 2012)   Cited 357 times   4 Legal Analyses
    Holding that a defendant violates the TCPA by calling a plaintiff's cellphone using an autodialing system without the plaintiff's consent

  3. National Market Share, v. Sterling Nat. Bank

    392 F.3d 520 (2d Cir. 2004)   Cited 257 times
    Holding that intervening cause in underlying case was not an affirmative defense because intervening cause was integral part of proximate cause analysis in breach of contract/breach of duty of good faith and fair dealing action

  4. Travellers Int'l A.G. v. Trans World Airlines

    41 F.3d 1570 (2d Cir. 1994)   Cited 270 times   1 Legal Analyses
    Holding that implied covenant was breached when defendant attempted to maximize its profits by eliminating plaintiff from joint venture

  5. Roylance v. Alg Real Estate Services, Inc.

    Case No. 5:14-cv-02445-PSG (N.D. Cal. Mar. 16, 2015)   Cited 13 times
    Holding defendants jointly and severally liable for prerecorded message offering cheap loans

  6. Odyssey Reinsurance Co. v. Cal-Regent Ins. Servs. Corp.

    123 F. Supp. 3d 343 (D. Conn. 2015)   Cited 12 times   1 Legal Analyses
    Dismissing Connecticut counterclaims after determining that Texas law applied

  7. Gauba v. Travelers Rental Co.

    No. 3:12-cv-1713 (SRU) (D. Conn. Mar. 5, 2015)   Cited 2 times
    Looking to "federal law for guidance on the interpretation of state law" in applying the continuing violation doctrine to a CFEPA claim brought before the district court under diversity jurisdiction

  8. Presti v. C.O. Dellacamera

    CASE NO. 3:08cv427 (AVC) (D. Conn. Feb. 2, 2010)   Cited 2 times

    CASE NO. 3:08cv427 (AVC). February 2, 2010 RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ALFRED COVELLO, District Judge The plaintiff, Francisco Presti, currently confined at the Osborn Correctional Institution in Somers, Connecticut, commenced this civil rights action pro se pursuant to 28 U.S.C. § 1915. The plaintiff alleges that, following an altercation on July 26, 2005, Correctional Officers Dellacamera, Laone and Vaughn used excessive force against him after he had been subdued and secured

  9. Reichenbach v. Chung Holdings, LLC

    2004 Ohio 5899 (Ohio Ct. App. 2004)   Cited 3 times

    No. L-04-1049. Decided November 5, 2004. Appeal from the Municipal Court, Toledo County, No. CVF-03-03900. Gregory S. Reichenbach, pro se. Philip J. Charvat, pro se amicus curiae. PIETRYKOWSKI, Judge. {¶ 1} This case is before the court on appeal from the Toledo Municipal Court, which denied a motion for partial summary judgment filed by appellant Gregory Reichenbach and granted a motion for summary judgment filed by appellee Chung Holdings LLC. Because we find that the trial court erred, we reverse

  10. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 337,251 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,814 times   744 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  13. Section 310.4 - Abusive telemarketing acts or practices

    16 C.F.R. § 310.4   Cited 176 times   17 Legal Analyses
    Prohibiting deceptive or abusive telemarketing acts or practices