DODD, ADMINISTRATRIX OF THE ESTATE OF DODD
v.
CITY OF NORWICH ET AL.

U.S. | 1988-01-11
No. 87-722
484 U.S. 1007 Supreme Court of the United States (1988) Positive Treatment
Cited by 6 cases

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  • Messer v. City OF Douglasville, 975 F.2d 1505 (11th Cir. 1992)
    …ivity on the premises. For example, an auto mechanic’s garage would be able to put up a noncommercial message relating to the recycling of used motor oil. Accord Wheeler v. Commissioner of Highways, 822 F. 2d 586, 591 (6th Cir.1987), cert. denied, 484 U.S. 1007, 108 S.Ct. 702, 98 L.Ed.2d 653 (1988) (a distinction between onsite and offsite noncommercial signs is constitutionally permissible); National Advertising Co. v. Chicago, 788 F.Supp. 994, 997-98 (N.D.Ill.1991) (“the distinction between on-site and o…
  • Or. Natural Res. Council v. Mohla, 944 F.2d 531 (9th Cir. 1991)
    …attention to the narrow petitioning activity at issue. The fact finder must determine, as to the particular petition, whether the petitioner was engaged in a genuine attempt to influence governmental decisionmaking.”) (emphasis added), cert. denied, 484 U.S. 1007, 108 S.Ct. 701, 98 L.Ed.2d 652 (1988). Even though ONRC’s attempt to enjoin logging of the Resell was defeated on summary judgment, Noerr-Pennington protection is appropriate so long as ONRC was genuinely seeking governmental action. See Franchise…
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  • …attack, it cannot be held that the collateral attack was unfounded. A bankruptcy court, like any federal court, may entertain a collateral attack on a state court judgment. See Kelleran v. Andrijevic, 825 F. 2d 692, 694 (2d Cir.1987), cert. denied, 484 U.S. 1007, 108 S.Ct. 701, 98 L.Ed.2d 652 (1988). However, because bankruptcy filings must be made in good faith, an entity may not file a petition for reorganization which is solely designed to attack a judgment collaterally — the debtor must have some intent…

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