United States Sixth Circuit
PETERSON NOVELTIES, INC. v. CITY OF BERKLEY, 00-2037
If a federal claim can succeed without calling into question the correctness of a state court judgment, the Rooker-Feldman does not apply, but claim preclusion bars consideration of First and Fifth Amendment claims that could have been brought in earlier state action.
Appellate Information
- Decided 10/01/2002
- Published 10/01/2002
Judges
- Before KENNEDY and BOGGS, Circuit Judges; and COFFMAN, District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Hugh M. Davis, Jr. (argued and briefed), Constitutional Litigation Associates, Detroit, MI, for Plaintiffs-Appellants.
- For Appellees:
- James E. Tamm, Julie McCann O'Connor (argued and briefed), O'Connor, DeGrazia & Tamm, Bloomfield Hills, MI, for Defendants-Appellees.