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Filing of Lawsuits Generally Protected Under First Amendment
At 1080 n. 4: "... [T]he First Amendment generally immunizes the act of filing a lawsuit from tort liability under the Noerr-Pennington doctrine. ... Only 'sham' lawsuits fall outside the Noerr-Pennington cloak of immunity. ... A lawsuit is a 'sham' if it is both (i) objectively baseless in that no reasonable litigant could expect success on the merits and (ii) subjectively motivated by bad faith." See: Porous Media Corp. v. Pall Corp., 186 F.3d 1077 (8th Cir. 1999).
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Related legal case
Porous Media Corp. v. Pall Corp.
| Year | 1999 |
|---|---|
| Cite | 186 F.3d 1077 (8th Cir. 1999) |
| Level | Court of Appeals |
| Injunction Status | N/A |