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Filing of Lawsuits Generally Protected Under First Amendment

Loaded on Dec. 15, 2007

Filed under: Civil Procedure, Frivolous Litigation. Location: Minnesota.

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 ...

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