Legal Opinion

Singh v. Sukhram

Appellate Division of the Supreme Court of the State of New York

Decided October 21, 2008PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Chambers, J.

At issue here is whether the Noerr-Pennington doctrine derived from Eastern Railroad Presidents Conference v Noerr Motor Freight, Inc. (365 US 127 [1961]) and Mine Workers v Pennington (381 US 657 [1965]), which provides First Amendment protections for persons petitioning the government for redress, applies to a cause of action sounding in libel. The NoerrPennington doctrine does not apply to causes of action sounding in libel. However, allegedly libelous statements addressed to the government for redress enjoy a qualified privilege, requiring proof of malice…

2Cases cited21 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  3. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  4. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
  5. City of Columbia v. Omni Outdoor Advertising, Inc.Supreme Court of the United States · 1991

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3Cited by2 opinions

  1. Chandok v. KlessigCourt of Appeals for the Second Circuit · 2011
  2. Lindberg v. Dow Jones & Co., Inc.District Court, S.D. New York · 2021

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