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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Singh v. Sukhram

This case addresses whether the Noerr-Pennington doctrine applies to libel claims. The plaintiff, an airline executive, sued defendants Frank Singh and Buddy D. Ramsaran for libel based on objections they filed with the U.S. Department of Transportation (DOT) concerning his application for air service authority. The defendants' objections contained allegations of the plaintiff's dishonesty and mismanagement in prior ventures. The Supreme Court denied the defendants' motions to dismiss. The appellate court affirmed, holding that the Noerr-Pennington doctrine does not apply to libel, but rather a qualified privilege requiring proof of malice. The court found the 'sham' exception to Noerr-Pennington was not met, but that the plaintiff had sufficiently alleged malice to proceed with the libel claim under CPLR 3211(a)(7) and Civil Rights Law § 76-a.

LibelDefamationFirst AmendmentNoerr-Pennington DoctrineQualified PrivilegeMaliceSLAPP SuitCPLR 3211 (a)(7)Civil Rights Law § 76-aGovernment Petitioning
References
22
Case No. MISSING
Regular Panel Decision

EDF Renewable Development, Inc. v. Tritec Real Estate Co.

Plaintiff EDF Renewable Development, Inc. sued Tritec Real Estate Co., Inc. for tortious interference with a contract between EDF and Suffolk County regarding solar carport installations. Plaintiff alleged that Tritec intentionally interfered with their lease for the Ronkonkoma Site, leading to the County's refusal to issue a building permit and causing significant damages. Defendant moved to dismiss the complaint based on the Noerr-Pennington doctrine, which protects activities attempting to influence government action. The court granted the defendant's motion, finding that Tritec's lobbying efforts to persuade Suffolk County officials not to issue the permit were protected under the Noerr-Pennington doctrine and did not fall under the 'sham exception' or 'corruption exception.' Therefore, the complaint was dismissed with prejudice.

Noerr-Pennington doctrineTortious InterferenceMotion to DismissFirst AmendmentLobbyingSham ExceptionFederal Rules of Civil Procedure 12(b)(6)Contract DisputeRenewable EnergySuffolk County
References
22
Case No. MISSING
Regular Panel Decision

Omega Homes, Inc. v. City of Buffalo, NY

Plaintiff Omega Homes, Inc., filed an action against the City of Buffalo, its mayor and commissioner, and several private sector defendants, alleging violations of the Sherman Antitrust Act and the Donnelly Act. Omega Homes claimed that the City granted exclusive development rights for the Willert Park neighborhood to the private sector defendants, constituting an unlawful restraint of trade and an attempt to monopolize. The defendants moved to dismiss, asserting state action immunity and Noerr-Pennington doctrine protection. The court granted the defendants' motions, finding the City immune under state action immunity as its actions were authorized by New York urban renewal laws, and the private sector defendants protected by the Noerr-Pennington doctrine. The court also declined supplemental jurisdiction over state law claims, dismissing them without prejudice.

Antitrust LawState Action ImmunityNoerr-Pennington DoctrineUrban RenewalMunicipal LawFederal Rules of Civil ProcedureMotion to DismissExclusive Development RightsHousing DevelopmentConspiracy
References
23
Case No. MISSING
Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

This case arises from a dispute between Time Warner and Fox concerning Time Warner's decision not to carry Fox News on its New York City cable channels. Fox initially sued Time Warner, prompting Time Warner to file counterclaims alleging that Fox conspired with New York City officials to unlawfully coerce Time Warner into carrying Fox News. Time Warner's counterclaims assert violations of its First Amendment and Due Process rights under 42 U.S.C. § 1983, and tortious interference with contractual relations. Fox moved to dismiss these counterclaims, arguing that its actions were protected by the Noerr-Pennington doctrine, which generally shields lobbying activities. The court denied Fox's motion, concluding that Time Warner had adequately alleged a conspiracy and that the Noerr-Pennington doctrine might not apply if Fox's conduct was found to be illegal or corrupt, thus allowing the counterclaims to proceed.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss
References
17
Case No. MISSING
Regular Panel Decision

Novo Nordisk of North America, Inc. v. Genentech, Inc.

The plaintiffs, three Novo Nordisk entities, sued defendant Genentech seeking a declaratory judgment of patent invalidity and non-infringement, and asserted antitrust claims. Genentech filed a motion to dismiss claims three and four of the plaintiffs' complaint. The court granted in part Genentech's motion, dismissing the 'sham' litigation antitrust claim (claim four) under the Noerr-Pennington doctrine, finding the prior ITC proceeding was not objectively baseless. However, the court denied dismissal of the 'Walker Process' antitrust claim (claim three), which alleged fraudulent procurement of a patent, due to uncertainty regarding Noerr-Pennington's applicability to such claims and adequate pleading of a Sherman Act violation. The motion to dismiss was partially granted, dismissing the 'sham' litigation claim but allowing the 'fraudulent procurement' claim to proceed.

Motion to DismissAntitrust LawPatent InfringementDeclaratory JudgmentNoerr-Pennington DoctrineSham LitigationWalker Process ClaimSherman ActRule 12(b)(6)Patent Validity
References
27
Case No. MISSING
Regular Panel Decision

Twin City Bakery Workers & Welfare Fund v. Astra Aktiebolag

Plaintiffs allege that defendants monopolized and attempted to monopolize the market for the gastric acid inhibiting drug Prilosec through "sham" litigation, violating Section 2 of the Sherman Antitrust Act and various state laws. The core allegation is that defendants listed numerous later-obtained patents in the Orange Book, knowing they would not proscribe generic versions, solely to trigger automatic 30-month stays on generic drug approvals by initiating infringement lawsuits. Defendants moved to dismiss the Amended Complaint based on the Noerr-Pennington doctrine, which provides antitrust immunity for attempts to influence governmental action. The court, presided over by District Judge Rakoff, found that because claims of infringement for four of the six asserted patents had proceeded beyond summary judgment and two to trial, the litigation was not objectively baseless and thus enjoyed Noerr-Pennington immunity. Allegations of fraud in obtaining or listing patents were dismissed due to lack of particularity as required by Fed.R.Civ.P. 9(b). The court also determined that merely listing the patents did not cause the monopoly extension; rather, it was the subsequent infringement lawsuits. Consequently, the court granted the defendants' motion to dismiss, dismissing the federal claims with prejudice and the state-law claims without prejudice due to a lack of supplemental jurisdiction.

Antitrust LawSherman ActNoerr-Pennington DoctrineSham LitigationPatent InfringementFDA RegulationsOrange BookGeneric Drug ApprovalMonopolizationMotion to Dismiss
References
19
Case No. 2018 NY Slip Op 09029
Regular Panel Decision
Dec 27, 2018

Shapiro v. Tardalo

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which denied the plaintiff's (Mark Shapiro) motion to file a second amended complaint. The court's decision was based on the Noerr-Pennington doctrine, which grants immunity to defendants for cooperating with government investigations, even if allegations of false evidence are made and the plaintiff is ultimately acquitted. The plaintiff's claim did not fall under the 'sham' exception to the doctrine, as the defendants demonstrated a genuine pecuniary interest in assisting the governmental investigation into insurance fraud. The court found no abuse of discretion in denying the plaintiff's motion.

Noerr-Pennington doctrineImmunitySecond Amended ComplaintInsurance FraudSham ExceptionAppellate ReviewMotion DenialCivil ProcedureFreedom of SpeechAntitrust Law
References
3
Case No. MISSING
Regular Panel Decision

Intellective, Inc. v. Massachusetts Mutual Life Insurance

Plaintiff Intellective Inc. filed an antitrust action against five life insurance companies (the 'Working Group'), PricewaterhouseCoopers LLP (PwC), and Sagamore Advisors, alleging a conspiracy to monopolize the market for investment performance studies of life insurance companies. Intellective claimed the Working Group used restrictive 'Letter Agreements' to control proprietary data, preventing competition and Intellective's ability to create rival studies. Defendants moved to dismiss the complaint based on various legal doctrines, including the Noerr-Pennington Doctrine and lack of antitrust standing. The court granted the motions to dismiss against PwC and Sagamore entirely, finding no alleged anticompetitive conduct, and also dismissed Counts Three and Five against all defendants. However, the court denied the motion to dismiss against the Insurance Company Defendants, allowing Counts One, Two, Four, and Six to proceed against them.

Antitrust LawMonopolizationConspiracy to MonopolizeGroup BoycottSherman ActClayton ActDonnelly ActMotion to DismissAntitrust StandingNoerr-Pennington Doctrine
References
42
Case No. MISSING
Regular Panel Decision

Hospital Authority of Metropolitan Government v. Momenta Pharmaceuticals, Inc.

Plaintiff, a metropolitan hospital authority, sued Momenta Pharmaceuticals, Inc. and other defendants for antitrust violations under the Sherman Act. Plaintiff alleged that Defendants conspired to manipulate the United States Pharmacopeial Convention (USP) process to secure a monopoly for generic enoxaparin, leading to inflated prices. The Court reviewed the Magistrate Judge's Report and Recommendation, overruling objections regarding venue and the Noerr-Pennington doctrine. However, the Court sustained an objection regarding the indirect purchaser rule, dismissing Plaintiff's claims for damages as the 'cost-plus' exception did not apply due to the lack of a fixed-quantity contract. Claims for declaratory and injunctive relief, however, were allowed to proceed.

AntitrustSherman ActIndirect Purchaser RuleNoerr-Pennington DoctrineVenue TransferMonopolyEnoxaparinPharmaceuticalsPatent LawUSP Standards
References
29
Case No. MISSING
Regular Panel Decision

Primetime 24 Joint Venture v. National Broadcasting Co.

PrimeTime 24 Joint Venture (PT24), a satellite operator, sued major television networks and trade organizations, alleging violations of federal and state antitrust and common law. PT24 claimed the defendants conspired to restrict network programming availability to satellite subscribers by abusing the Satellite Home Viewer Act (SHVA) challenge system and engaging in a group boycott. Defendants moved to dismiss, asserting their conduct was protected under the Noerr-Pennington doctrine. The Court found that both the SHVA challenges and the refusal to negotiate constituted protected petitioning activity, which did not fall under the sham exception. Consequently, the Court granted the defendants' motion, dismissing the antitrust claims and the remaining state law claims for lack of jurisdiction.

Antitrust LawSherman ActNoerr-Pennington DoctrineSatellite TelevisionCopyright InfringementSham LitigationGroup BoycottDirect-to-Home SatelliteNetwork ProgrammingSatellite Home Viewer Act
References
27
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