Online Compendium of Federal and State Regulations for U.S. Nonprofit Organizations

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American Target Advertising v. Giani (for the state of Utah)

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The site administrator would like to thank Jeffrey Gray for providing copies of the case documents for Utah. Mark Fitzgibbons for American Target Advertising has sent paper copies of ATA case documents, which the site maintainer is slowly processing into Web/HTML format as time permits. Note that the documents listed below are not the complete set submitted to the courts, but only selected ones chosen by the two parties.

• U.S. appellate court
• U.S. district court
• Related materials
• Related cases

U.S. Appellate Court

American Target Advertising v. Giani, Case No. 98-4158 (1999) [U.S. 10th Circuit Court of Appeals]

Appellant (American Target Advertising)

• Brief of appellant (filed 06Nov98)
• Appellant's reply brief (filed 22Jan99)
• Motion to strike brief of amicus curiae or for leave to respond (filed 02Feb99)
• Appellant's brief in response to Minnesota brief (filed 02Feb99)

Appellee (Giani, for the State of Utah)

• Brief of appellee (filed 08Jan99)
• Brief of Amici Curiae, Mike Hatch, Minnesota Attorney General, et al in support of appellee (filed ?)

Court

• Not yet issued.

U.S. District Court

American Target Advertising v. Giani, Civil Case No. 2:97-CV-610B (1998) [U.S. District Court, Utah]

Plaintiff (American Target Advertising)

• Memorandum amicus curiae urging the granting of plaintiff's motion for summary judgment (filed ?)
• Note: No other plaintiff's documents have been received for posting online at this time.

Defendant (Giani, for the State of Utah)

• Memorandum of points and authorities in opposition to plaintiff's motion for summary judgment and in support of defendant's motion for summary judgment (filed 22Oct97)
• Reply memorandum to plaintiff's memorandum in opposition to defendant's motion for summary judgment (filed 08Dec97)
• Memorandum of Amici Curiae, Hubert H. Humphrey III, Minnesota Attorney General, in support of defendant (filed 06Jan98)
• Defendant's supplemental memorandum (filed 18May98)

Court

• Memorandum of opinion and order [another copy is online from the Utah AG office] (issued 18Aug98)

Related Materials

• United States Constitution
  • Article I. The Legislative Branch (annotation)
    • Section 8. Scope of Legislative Power
      • Clause 3. Commerce Clause (annotation)
  • Article IV. The States (annotation)
    • Section 1. Full Faith and Credit (annotation)
  • Amendment I. Religion, Speech, Press, Assembly, Petition (annotation)
• United States Code (U.S.C.)
  • Title 42. Section 1983. Civil action for deprivation of rights
• Utah Code
  • Title 13. Chapter 22. Utah Charitable Solicitations Act
    • Section 13-22-2. Definitions
    • Section 13-22-5. Registration required
    • Section 13-22-6. Application for registration
  • Title 16. Chapter 10a. Utah Revised Business Corporation Act
    • Section 16-10a-1501. Authority to transact business required
• Utah Administrative Code
  • Title R152. Rule R152-22. Charitable Solicitations Act
    • R152-22-3. Application for charitable organization permit

Related Cases

American Charities for Reasonable Fundraising Regulation, et al. v. Pinellas County, Florida

Civil Case No. 97-2058-CIV-T-17B. (1998) [U.S. District Court, Florida, Middle District]

American Charities for Reasonable Fundraising Regulation, et al. v. Shiffrin

Civil Action No. 3:98-CV-01050 (JBA). (1999) [U.S. District Court, Connecticut]

Other related cases are described in the text, "Current Controversies: Out-of-State Solicitation and Regulation."