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· 10/17/2023

Gouch v. Rotunno

Syllabus

Rule 12(b)(6) Motion to dismiss Restrictive covenant Conveyance Constructive notice Real property Register of Deeds Chain of title Recorded deed Recorded instrument Public record Subdivisions Uniform plan of development.

How courts have described this case

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

  • stating that courts must apply an intermediate level of scrutiny to cases involving restrictions on commercial speech
  • describing the record provided by the Bar cataloguing citizen outrage at being solicited just after injury or family tragedy
  • crediting the state's interest as substantial on the basis of a two-year study containing statistical and anecdotal evidence
  • upholding 30 day ban on direct mail attorney solicitations based on the government’s substantial interest in protecting the privacy and tranquility of personal injury victims
  • upholding restriction on solicitation of accident victims within thirty days of accident, based on two-year study and written report analyzing statistically and anecdotally the impacts of such solicitation
  • subjecting a regulation prohibiting lawyers from engaging in certain forms of direct advertising to intermediate First Amendment scrutiny

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.