sham-litigation

7 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
23A1107 Abbott Laboratories, et al. v. United States District Court for the Eastern District of Pennsylvania Third Circuit 2024-06-12 Presumed Complete attorney-client-privilege crime-fraud-exception mandamus patent-litigation sham-litigation work-product-privilege Whether the crime-fraud exception to attorney-client privilege can be applied to sham litigation or other non-criminal conduct beyond traditional frau…
22-296 Willow Grande, LLC v. Cherokee Triangle Association, et al. Kentucky 2022-09-28 Denied Response Waived abuse-of-process antitrust-immunity antitrust-liability civil-procedure noerr-pennington-doctrine noncompetitors sham-litigation standing wrongful-use-of-civil-proceedings Does the sham exception to the Noerr-Pennington Doctrine also apply to common law torts between noncompetitors, such as state law claims for abuse of …
20-1293 AbbVie Inc., et al. v. Federal Trade Commission Third Circuit 2021-03-18 Denied Amici (3) antitrust antitrust-law civil-procedure due-process litigation-exception noerr-pennington noerr-pennington-immunity objective-baselessness sham-litigation standing subjective-element Whether the subjective element of the 'sham litigation' exception to Noerr-Pennington immunity may be met by an inference from a finding that a challe…
20-1294 Simon Campbell, et al. v. Pennsylvania School Boards Association, et al. Third Circuit 2021-03-17 Denied Amici (1)Relisted (2) 42-u-s-c-1983 civil-rights first-amendment free-speech petitioning petitioning-immunity retaliation retaliation-claim sham-litigation state-action state-actors Are state actors entitled to petitioning immunity for a First Amendment retaliation claim under 42 U.S.C. § 1983?
19-1375 Aaron L. Katz v. Incline Village General Improvement District Nevada 2020-06-13 Denied civil-rights constitutional-rights fee-shifting first-amendment litigation-immunity petition-clause public-concern public-grievances punitive-statute sham-litigation standing Can a petitioning litigant be held liable for their adversary's litigation costs and attorney's fees based upon a punitive statute, where the litigant…
19-548 Joseph R. Mullins v. Joseph E. Corcoran, et al. Massachusetts 2019-10-29 Denied civil-procedure civil-rights commercial-dispute first-amendment minority-shareholder-rights noerr-pennington noerr-pennington-doctrine petition right-to-petition sham-litigation Whether, under the First Amendment, a court may award damages against a party for the act of filing suit in a commercial dispute without finding that …
19-505 William Rupert v. Susan Bond, et al. Ninth Circuit 2019-10-18 Denied Response Waived antitrust circuit-split civil-procedure civil-rights due-process frcp-12b6 judicial-expediency noerr-pennington personal-jurisdiction rico rico-statute sham-litigation standing Should the circuit splits over the use of FRCP-12(b)(6)-motions,to-rule-upon-a-disputed-issue-of-fact-(the-sham-litigation-or-fraud-exception-to-claim…