No. 21-1591

Bardstown Capital Corporation, et al. v. Seiller Waterman, LLC, et al.

Lower Court: Kentucky
Docketed: 2022-06-27
Status: Denied
Type: Paid
Relisted (2)
Tags: antitrust-laws civil-proceedings first-amendment noerr-pennington-doctrine petition-clause sham-lawsuit sham-lawsuits standing wrongful-use-of-process
Key Terms:
Antitrust FirstAmendment CriminalProcedure JusticiabilityDoctri
Latest Conference: 2022-12-02 (distributed 2 times)
Question Presented (AI Summary)

Does this same precedent exempt all but sham lawsuits from the reach of state common-law torts, like wrongful use of civil proceedings?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. This Court’s precedent “finds all but sham law suits exempt from the reach of the antitrust laws.” BE & K Const. Co. v. N.L.R.B., 536 U.S. 516, 540 (2002) (Breyer, J., concurring in part) (emphasis added; citing Professional Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49, 60-61 (1993); E. R.R. Presidents Conf. v. Noerr Motor Freight, Inc., 365 U.S. 127, 144 (1961)). Does this same precedent exempt all but sham lawsuits from the reach of state common-law torts, like wrongful use of civil proceedings? 2. For a lawsuit to be labeled a “sham” under this Court’s Noerr-Pennington doctrine, the lawsuit must first be “objectively baseless” such that “no reasonable litigant could realistically expect success on the merits.” Professional Real Estate Investors, 508 U.S. at 60. Does the mere fact that a litigant has standing, the statutory right, or ability to bring a legal challenge provide “probable cause” to file the lawsuit and alone prove the lawsuit is not “objectively baseless?” 3. This Court has not directly held that “a lawsuit is a constitutionally protected ‘Petition,” under the First Amendment’s Petition Clause. Borough of Duryea, Pa. v. Guarnieri, 564 U.S. 379, 402 (2011) (Scalia, J., concurring in part, dissenting in part). Yet the Supreme Court of Kentucky held that a lawsuit for wrongful use of civil proceedings was prohibited because the targeted civil proceeding—a lawsuit challenging a zoning decision—was constitutionally protected. Was this in error?

Docket Entries

2022-12-05
Rehearing DENIED.
2022-11-09
DISTRIBUTED for Conference of 12/2/2022.
2022-10-28
2022-10-03
Petition DENIED.
2022-08-10
DISTRIBUTED for Conference of 9/28/2022.
2022-08-08
Waiver of the 14-day waiting period for the distribution of the petition under 15.5 filed by petitioners.
2022-07-26
Brief of respondents Seiller Waterman, LLC, et al. in opposition filed.
2022-06-22
Petition for a writ of certiorari filed. (Response due July 27, 2022)

Attorneys

Bardstown Capital Corporation, et al.
Chad Owens PropstThompson Miller & Simpson PLC, Petitioner
Chad Owens PropstThompson Miller & Simpson PLC, Petitioner
Seiller Waterman, LLC, et al.
Donald Kenneth Brown Jr.O'Bryan, Brown & Toner, PLLC, Respondent
Donald Kenneth Brown Jr.O'Bryan, Brown & Toner, PLLC, Respondent