green
Positive treatment
5.6 score
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 12 distinct citers.
discussed
Cited "but see"
United States v. Robert W. Ritchie, Personally and in His Capacity as a Partner/officer of Ritchie, Fels & Dillard, P.C.
But see United States v. Brigham Young Univ., 679 F.2d 1345 (10th Cir.1982) (holding that the summoned party may, in an enforcement proceeding, challenge the § 7609(f)(2) determination that there is a "reasonable basis for believing” there may be a violation of a revenue law), vacated and remanded (for consideration of possible mootness), 459 U.S. 1095 , 103 S.Ct. 713 , 74 L.Ed.2d 944 (1983). 10 .The other two criteria under § 7609(f) — (f)(1) and (f)(3) — are easily satisfied. 11 .Ritchie relies on Fisher v. United States, 425 U.S. 391 , 96 S.Ct. 1569 , 48 L.Ed.2d 39 (1976), for the p…
cited
Cited "see"
Harper v. Internal Revenue Service, Commissioner
See Brigham Young Univ. v. United States, 459 U.S. 1095 (1983). avenue to argue that Judge Corley’s findings under § 7609(f) and Powell were incorrect.
cited
Cited "see"
James Harper v. Charles P. Rettig, in his official capacity as Commissioner, Internal Revenue Service, et al.
See Brigham Young Univ. v. United States, 459 U.S. 1095 (1983). 30 avenue to argue that Judge Corley’s findings under § 7609(f) and Powell were incorrect.
discussed
Cited "see"
Save Sunnyvale Parks & Schools v. City of Sunnyvale CA6
The right of access to the 17 The First Amendment to the United States Constitution provides: “Congress shall make no law . . . abridging . . . the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” In addition, under California Constitution, Article I, section 3, “[t]he people have the right to . . . petition government for redress of grievances . . . .” 36 courts is indeed but one aspect of the right of petition. [Citations.]” (California Motor Transport Co. v. Trucking Unlimited (1972) 404 U.S. 508, 510 (California Motor Transpo…
discussed
Cited "see"
Kobzoff v. Los Angeles County Harbor/UCLA Medical Center
(Curtis, supra, 172 Cal.App.3d at p. 1247; see City of Long Beach v. Bozek (1982) 31 Cal.3d 527 [ 183 Cal.Rptr. 86 , 645 P.2d 137 ], judg. vacated and cause remanded (1983) 459 U.S. 1095 [ 103 S.Ct. 712 , 74 L.Ed.2d 943 ], reiterated (1983) 33 Cal.3d 727 [ 190 Cal.Rptr. 918 , 661 P.2d 1072 ] [public entity action for malicious prosecution is proscribed by the state and federal constitutional right to petition governments for redress].) The meaning of “reasonable cause” has been the subject of some debate, but most courts do agree on its general interpretation.
discussed
Cited "see"
DeVaney v. Thriftway Marketing Corp.
See City of Long Beach v. Bozek, 31 Cal.3d 527 , 183 Cal.Rptr. 86, 88-93 , 645 P.2d 137, 138-43 (1982), vacated, 459 U.S. 1095 , 103 S.Ct. 712 , 74 L.Ed.2d 943 , reiterated on independent state constitutional grounds, 33 Cal.3d 727 , 190 Cal.Rptr. 918, 919 , 661 P.2d 1072, 1073 (1983) (holding that the right to petition insulates private litigants from retaliatory malicious prosecution actions by the government); Protect Our Mountain Env’t, 677 P.2d at 1366-69 (abuse of process); Cove Road Dev. v. Western Cranston Indus.
cited
Cited "see"
Gary Bryant v. Ford Motor Co.
See 459 U.S. 1095 , 103 S.Ct. 712 , 74 L.Ed.2d 943 (1983).
discussed
Cited "see"
Dorothy Blitz v. Raymond J. Donovan, Secretary of Labor
(2×)
See Blitz v. Donovan, 538 F.Supp. 1119 , 1122-23 n. 5 (D.D.C.1982), vacated, 459 U.S. 1095 , 103 S.Ct. 711 , 74 L.Ed.2d 943 (1983). .
discussed
Cited "see, e.g."
Freedman v. Kittle
Co., 218 NY 140, 147 ; see also, Matter of Cowger v Mongin, 87 AD2d 932, 933 , lv denied 57 NY2d 601 , appeal dismissed, cert denied 459 US 1095 ; Stewart v Welsh, 142 Tex 314, 319, 178 SW2d 506, 509 ; Kimball v Carter, 95 Va 77, 27 SE 823 ; compare, Melrose Waterway v Peacock, 229 AD2d 1000, 1001 ).
discussed
Cited "see, e.g."
David A. Clarke v. United States
(2×)
Compare, e.g., Tulare Lake Canal Co. v. United States, 459 U.S. 1095 , 103 S.Ct. 712 , 74 L.Ed.2d 943 (1983) (summarily vacating under Munsingwear) and Board of Governors v. Security Bancorp, 454 U.S. 1118 , 102 S.Ct. 962 , 71 L.Ed.2d 105 (1981) (same) with Velsicol Chem.
discussed
Cited "see, e.g."
Cypher v. Segal
See also City of Long Beach v. Bozek, 31 Cal.3d 527 , 183 Cal. Rptr. 86 , 645 P.2d 137 (1982), vacated, 459 U.S. 1095 , 103 S.Ct. 712 , 74 L.Ed.2d 943 (1983), on remand, 33 Cal.3d 727 , 190 Cal. Rptr. 918 , 661 P.2d 1072 (1983) (government entities may not maintain actions for malicious prosecution against those who have sued them unsuccessfully).
discussed
Cited "see, e.g."
Doe v. Alaska Superior Court, Third Judicial District
See, e.g., City of Long Beach v. Bozek, 31 Cal.3d 527 , 183 Cal.Rptr. 86 , 645 P.2d 137 (1982), vacated mem., 459 U.S. 1095 , 103 S.Ct. 712 , 74 *628 L.Ed.2d 943 (1988), affd, 33 Cal.3d 727 , 190 Cal.Rptr. 918 , 661 P.2d 1072 (1983) (filing suit against the government is absolutely privileged form of petitioning and therefore government may not bring malicious prosecution action against unsuccessful plaintiff). 14 However, given the facts of this case and the type of petitioning activity involved, we find the McDonald reasoning persuasive.
Cowger
v.
Mongin
v.
Mongin
No. 82-744.
Supreme Court of the United States.
Jan 10, 1983.
Published
Appeal from App. Div., Sup. Ct. N. Y., 3d Jud. Dept., dismissed for want of jurisdiction. Treating the papers whereon the appeal was taken as a petition for writ of certiorari, certiorari denied.