Legal Opinion
State Ex Rel. Hanson v. Quill Corp.
North Dakota Supreme Court
Decided May 11, 1993No. Civ. 920283PublishedCited by 8 opinions
1Opinion of the Court
ON PETITION FOR REHEARING
MESCHKE, Justice.
Quill Corporation has filed a petition for rehearing of our decision after remand from the United States Supreme Court. Quill asserts that it is a prevailing plaintiff in its 42 U.S.C. § 1983 action and is entitled to an award of attorney’s fees under 42 U.S.C. § 1988. We hold that a § 1983 action seeking to enjoin the collection of state taxes is not cognizable in state court, and accordingly Quill is not entitled to recover its attorney’s fees under § 1988.
The factual and procedural history of this litigation is outlined in our original opinion in…
2Cases cited23 opinions
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Quern v. JordanSupreme Court of the United States · 1979
- Wilson v. GarciaSupreme Court of the United States · 1985
- Howlett Ex Rel. Howlett v. RoseSupreme Court of the United States · 1990
- Perez v. LedesmaSupreme Court of the United States · 1971
18 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bielski v. ZornIndiana Tax Court · 1994
- General Motors Corp. v. City of LindenSupreme Court of New Jersey · 1996
- Perini Corp v. Commissioner of RevenueMassachusetts Supreme Judicial Court · 1995
- Private Truck Council of America, Inc. v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1994
- General Motors v. City of LindenNew Jersey Superior Court Appellate Division · 1995
3 more not listed; retrieve them via the Exa API.