Legal Opinion

Ruiz v. Bally Total Fitness Holding Corp.

Court of Appeals for the First Circuit

Decided July 30, 2007No. 06-2254PublishedCited by 370 opinions

1Opinion of the Court

SELYA, Senior Circuit Judge.

This appeal requires us to determine whether a health-club services contract conforms with various Massachusetts consumer protection statutes. After studying the pertinent contractual and statutory provisions, we find no nonconformity. Accordingly, we affirm the district court’s dismissal of the action.

I. BACKGROUND

Because this appeal follows the granting of a motion to dismiss, see Fed. R.Civ.P. 12(b)(6), we rehearse the facts as elaborated in the operative pleading (here, the plaintiffs amended complaint). See Palmer v. Champion Mortg., 465 F.3d 24, 25 (1st…

2Cases cited35 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  4. Snowden v. HughesSupreme Court of the United States · 1944
  5. Barnhart v. Sigmon Coal Co.Supreme Court of the United States · 2002

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3Cited by370 opinions

  1. Gagliardi v. SullivanCourt of Appeals for the First Circuit · 2008
  2. Foley v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2014
  3. Katz v. Pershing, LLCCourt of Appeals for the First Circuit · 2012
  4. Ocasio-Hernandez v. Fortuno-BursetCourt of Appeals for the First Circuit · 2015
  5. Wilson v. HSBC Mortgage Services, Inc.Court of Appeals for the First Circuit · 2014

365 more not listed; retrieve them via the Exa API.

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