Legal Opinion

Andrew Whelan v. Tyler Abell

Court of Appeals for the D.C. Circuit

Decided May 17, 1995No. 93-7138, 93-7139PublishedCited by 150 opinions

1Opinion of the Court

STEPHEN F. WILLIAMS, Circuit Judge:

Appellants, who are plaintiffs in this action and were defendants in related prior litigation, challenge rulings in which the district court held as a matter of law that their claims of malicious prosecution, abuse of process, and tortious interference with prospective business advantage are barred by the Noerr-Pennington doctrine. See Eastern R.R. Presidents Conference v. Noerr Motor Freight, Inc., 365 U.S. 127, 132 n. 6, 81 S.Ct. 523, 526 n. 6, 5 L.Ed.2d 464 (1961); United Mine Workers v. Pennington, 381 U.S. 657, 85 S.Ct. 1585, 14 L.Ed.2d 626 (1965).…

2Cases cited41 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Montana v. United StatesSupreme Court of the United States · 1979
  3. National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
  4. Commissioner v. SunnenSupreme Court of the United States · 1948
  5. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961

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3Cited by150 opinions

  1. Banneker Ventures, LLC v. Jim GrahamCourt of Appeals for the D.C. Circuit · 2015
  2. United States v. Philip Morris USA Inc.Court of Appeals for the D.C. Circuit · 2009
  3. James Owens v. Republic of SudanCourt of Appeals for the D.C. Circuit · 2017
  4. American Civil Liberties Union Foundation of Colorado, Inc. , Amicus CuriaeCourt of Appeals for the Tenth Circuit · 2000
  5. Nobelpharma AB v. Implant Innovations, Inc.Court of Appeals for the Federal Circuit · 1998

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