protection of the Noerr-Pennington doctrine (New York) · Go Syfert
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protection of the Noerr-Pennington doctrine in New York

6 New York opinions name it 3 courts 2005–2025 1 in the last five years

The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
I.G. Second Generation Partners, L.P. v. Readegreen
nyappdiv · 2005 · cited in 3 New York opinions naming this issue, 2012–2025
2 sentences

2020"The filing of litigation falls within the protection of the Noerr-Pennington doctrine, which has been applied to bar claims of tortious interference predicated on the commencement of litigation" ( I.G. , 17 AD3d at 208 ).

2012Second Generation Partners, L.P. v Duane Reade, 17 AD3d 206, 208 [1st Dept 2005]; Concourse Nursing Home v Engelstein, 278 AD2d 35 [1st Dept 2000].) In other words, the “filing of litigation falls within the protection of the Noerr-Pennington doctrine, which has been applied to bar claims of tortious interference predicated on the commencement of litigation.” (I.G.

23
Aircapital Cablevision, Inc. v. Starlink Communications Group, Inc.green
ksd · 1986 · cited in 2 New York opinions naming this issue, 2012–2012
2 sentences

2012The Icahn plaintiffs offer no support for their assertion that 1989’s filing of a Schedule 13D with the SEC in 2010 is not entitled to protection under the Noerr-Pennington doctrine because the document was simply a “disclosure document.” The 13D was filed because the 2010 litigation was commenced, and thus, it was incidental to that litigation and falls squarely within the protection of the Noerr-Pennington doctrine (see Aircapital Cablevision, Inc. v Starlink Communications Group, Inc., 634 F Supp 316, 323-324 [D Kan 1986] [finding publicity that was “(c)learly . . . bully-type conduct” that

2012The Icahn plaintiffs offer no support for their assertion that 1989’s filing of a Schedule 13D with the SEC in 2010 is not entitled to protection under the Noerr-Pennington doctrine because the document was simply a “disclosure document.” The 13D was filed because the 2010 litigation was commenced, and thus, it was incidental to that litigation and falls squarely within the protection of the Noerr-Pennington doctrine (see Aircapital Cablevision, Inc. v Starlink Communications Group, Inc., 634 F Supp 316, 323-324 [D Kan 1986] [finding publicity that was “(c)learly . . . bully-type conduct” that

22
Freeman v. Lasky, Haas & Cohlergreen
ca9 · 2005 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Second Generation Partners, L.P. v Reade, 17 AD3d 206, 208 [1st Dept 2005]), as does the interposition of counterclaims in a pending action (see Sosa v DIRECTV, Inc., 437 F3d 923, 933 [9th Cir 2006]; Freeman v Lasky, Haas & Cohler, 410 F3d 1180, 1184 [9th Cir 2005]; Porous Media Corp. v Pall Corp., 186 F3d 1077 , 1080 n 4 [8th Cir 1999], affg No. 97-2084 [ADM/AJB], 1998 US Dist LEXIS 23651 , *4-8 [D Minn., Jun. 3, 1998]; Warner v Sims Metal Mgt., Ltd., No. C-13-02190 WHA, 2013 US Dist LEXIS 151815 , *7- 8, 2013 WL 5754403 , *3 [ND Cal., Oct. 21, 2013]).

11
Sosa v. DIRECTV, Inc.green
ca9 · 2006 · cited in 1 New York opinions naming this issue, 2025–2025
1 sentence

2025Second Generation Partners, L.P. v Reade, 17 AD3d 206, 208 [1st Dept 2005]), as does the interposition of counterclaims in a pending action (see Sosa v DIRECTV, Inc., 437 F3d 923, 933 [9th Cir 2006]; Freeman v Lasky, Haas & Cohler, 410 F3d 1180, 1184 [9th Cir 2005]; Porous Media Corp. v Pall Corp., 186 F3d 1077 , 1080 n 4 [8th Cir 1999], affg No. 97-2084 [ADM/AJB], 1998 US Dist LEXIS 23651 , *4-8 [D Minn., Jun. 3, 1998]; Warner v Sims Metal Mgt., Ltd., No. C-13-02190 WHA, 2013 US Dist LEXIS 151815 , *7- 8, 2013 WL 5754403 , *3 [ND Cal., Oct. 21, 2013]).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
Concourse Nursing Home v. Engelstein green
nyappdiv · 2000
2 sentences

2012Second Generation Partners, L.P. v Duane Reade, 17 AD3d 206, 208 [1st Dept 2005]; Concourse Nursing Home v Engelstein, 278 AD2d 35 [1st Dept 2000].) In other words, the “filing of litigation falls within the protection of the Noerr-Pennington doctrine, which has been applied to bar claims of tortious interference predicated on the commencement of litigation.” (I.G.

2005Corp. v Loral Corp., 974 F Supp 345 [SD NY 1997]; Concourse Nursing Home v Engelstein, 278 AD2d 35 [2000]).

22005–2012
Porous Media Corporation v. Pall Corporation green
ca8 · 1999
1 sentence

2025Second Generation Partners, L.P. v Reade, 17 AD3d 206, 208 [1st Dept 2005]), as does the interposition of counterclaims in a pending action (see Sosa v DIRECTV, Inc., 437 F3d 923, 933 [9th Cir 2006]; Freeman v Lasky, Haas & Cohler, 410 F3d 1180, 1184 [9th Cir 2005]; Porous Media Corp. v Pall Corp., 186 F3d 1077 , 1080 n 4 [8th Cir 1999], affg No. 97-2084 [ADM/AJB], 1998 US Dist LEXIS 23651 , *4-8 [D Minn., Jun. 3, 1998]; Warner v Sims Metal Mgt., Ltd., No. C-13-02190 WHA, 2013 US Dist LEXIS 151815 , *7- 8, 2013 WL 5754403 , *3 [ND Cal., Oct. 21, 2013]).

12025–2025
Matsushita Electronics Corp. v. Loral Corp. green
nysd · 1997
1 sentence

2005Corp. v Loral Corp., 974 F Supp 345 [SD NY 1997]; Concourse Nursing Home v Engelstein, 278 AD2d 35 [2000]).

12005–2005

Where else courts name it

NY 6 (2005–2025) CA 4 (1985–2018)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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