35 Mass. App. Ct. 57 - Carlson v. Giacchetti’s Empirical Analysis
1993
Citation profile
2 district · 8 state decisions
How this case has been cited
Cited by 20 later decisions — most recently April 2010
2 district · 8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Dwyer v. Globe Newspaper Co. · Hervey v. Rhode Island Locomotive Works · Mahaney v. John Hancock Mutual Life Insurance · In Re Loop Hospital Partnership · 11 Mass. App. Ct. 857 - Patriot General Life Insurance v. CFC Investment Co.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(A) the present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into; (B) the lessee assumes risk of loss of the goods, or agrees to pay taxes, insurance, filing, recording or registration fees, or service or maintenance costs with respect to the goods; (C) the lessee has an option to renew the lease or to become the owner of the goods; (D) the lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or (E)the lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.”
3 later decisions quote this exact passage“[Reference to the intent of the parties to create a security interest has led to unfortunate results. In discovering intent, courts have relied upon factors that were thought to be more consistent with sales or loans than leases. Most of these criteria however, are as applicable to true leases as to security interests .... Accordingly, amended Section 1-201(37) deletes all reference to the parties’ intent.”
2 later decisions quote this exact passage“(6) DETERMINATION OF LEASE OR SECURITY INTEREST. Whether a transaction creates a lease or security interest is determined by the facts of each case; however: (i) A transaction creates a security interest if the consideration the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease not subject to termination by the lessee and: (A) the original term of the lease is equal to or greater than the remaining economic life of the goods; (B) the lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods; (C) the lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement; or (D) the lessee has an option to become the owner of the goods for no additional consideration or nominal additional consideration upon compliance with the lease agreement.”
1 later decision quote this exact passagee.g. In Re Murray
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.