Forty One News, Inc. v. County of Lake

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “res judicata is an affirmative defense for the defendant” and generally “cannot be raised until a motion for judgment on the pleadings under Rule 12(c)”
• “Younger abstention is appropriate only when there is an action in state court against the federal plaintiff and the state is seeking to enforce the contested law in that proceeding.”
• court’s resolution of Rule 12(b)(6) motion did 6 No. 06-3214 not constitute a proceeding of substance on the merits
• “Younger abstention is appropriate only when there is an action in state court against the federal plaintiff.” (emphasis added)
• “There is no question that the quasi-criminal prosecution of the violation of an ordinance . . . is an adequate state proceeding for the purposes of Younger.”
• “Younger abstention is appropriate only when there is an action in state court against the federal plaintiff and the state is seeking to enforce the contested law in that proceeding.”

Source: CourtListener parenthetical corpus (CC0).