| 23-754 |
Van Sant & Co. v. Town of Calhan, Colorado, et al. |
Tenth Circuit |
2024-01-12 |
Denied |
|
antitrust-immunity circuit-split civil-rights due-process government-petitioning-activity local-government local-government-antitrust-act noerr-pennington noerr-pennington-doctrine summary-judgment |
1. Does the LGAA entitle local government officials to immunity from antitrust damages when they act unlawfully?
2. Does a Court of Appeals impermiss… |
| 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 |
1. In Eastern RR Presidents Conference v. Noerr
Motor Freight, Inc., 365 U.S. 127 (1961) and in United
Mine Workers of Am. v. Pennington, 381 U.S. 657… |
| 22-83 |
B&G Foods North America, Inc. v. Kim Embry, et al. |
Ninth Circuit |
2022-07-28 |
Denied |
Response Waived |
civil-procedure civil-rights constitutional-enforcement declaratory-relief injunctive-relief legal-immunity noerr-pennington noerr-pennington-doctrine standing state-actors unconstitutional-laws |
Whether the judge-made Noerr-Pennington doctrine immunizes state actors who seek to enforce unconstitutional laws and regulations. |
| 21-1591 |
Bardstown Capital Corporation, et al. v. Seiller Waterman, LLC, et al. |
Kentucky |
2022-06-27 |
Denied |
Relisted (2) |
antitrust-laws civil-proceedings first-amendment noerr-pennington-doctrine petition-clause sham-lawsuit sham-lawsuits standing wrongful-use-of-process |
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… |
| 20-952 |
Construction Cost Data, L.L.C., et al. v. The Gordian Group, Incorporated, et al. |
Fifth Circuit |
2021-01-14 |
Denied |
|
business-disparagement defamation false-statements first-amendment jury-findings noerr-pennington noerr-pennington-doctrine reckless-disregard state-law-liability |
1. Whether the Noerr-Pennington doctrine has been improperly expanded beyond its First Amendment moorings to insulate knowingly, recklessly, or intent… |
| 19-8243 |
Jonathan Melvin LeDeux v. Jeannette Louise Anthony, as an Individual and in her Official Capacity as Trustee of The Emmett and Aralee Charlton Trust, et al. |
Ninth Circuit |
2020-04-11 |
Denied |
IFP |
civil-procedure due-process fraud fraud-vitiation judicial-error noerr-pennington-doctrine probate probate-clause separation-of-powers |
1. Can Juridically created rules such as, The Probate Clause and the Noerr Pennington Doctrine, ect. Interfere with due process without also violating… |
| 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 … |
| 19-194 |
Daniel Delacruz, Sr. v. State Bar of California, et al. |
Ninth Circuit |
2019-08-14 |
Denied |
Response Waived |
bankruptcy civil-procedure civil-rights due-process equal-protection first-amendment fourteenth-amendment noerr-pennington noerr-pennington-doctrine racial-discrimination rooker-feldman-doctrine |
Does a dismissal of claims based on the Rooker-Feldman doctrine and First Amendment rights under the Noerr-Pennington doctrine violate the equal prote… |
| 18-55 |
Digital Ally, Inc. v. Taser International, Inc. |
Federal Circuit |
2018-07-10 |
Denied |
Response Waived |
antitrust antitrust-law commercial-bribery government-procurement governmental-purchases noerr-pennington-doctrine robinson-patman-act sherman-act |
In a case of first impression, the District Court held that since the sales in question were to "governmental" purchasers, Noerr-Pennington immunized … |