Legal Opinion
Sheldon P. KOTTLE, Plaintiff-Appellant, v. NORTHWEST KIDNEY CENTERS, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided June 18, 1998No. 96-36258PublishedCited by 120 opinions
1Opinion of the Court
TASHIMA, Circuit Judge.
In this case we apply the Noerr-Penning-ton doctrine in the context of an administrative proceeding. Specifically, we must determine whether the scope of the “sham” exception is different in an administrative proceeding than in litigation.
I. Background 1
In 1979, the State of Washington enacted the Health Planning and Resource Development Act (the “Act”). RCW 70.38. The Act declares that it is the “public policy of this state” to engage in health planning and encourage both consumers and providers throughout the state to be involved so as to control “excessive increases…
2Cases cited20 opinions
- Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
- United Mine Workers v. PenningtonSupreme Court of the United States · 1965
- California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
- Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993
- City of Columbia v. Omni Outdoor Advertising, Inc.Supreme Court of the United States · 1991
15 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Sanders v. BrownCourt of Appeals for the Ninth Circuit · 2007
- Sosa v. DIRECTV, Inc.Court of Appeals for the Ninth Circuit · 2006
- Good Hope Hospital, Inc. v. North Carolina Department of Health & Human ServicesCourt of Appeals of North Carolina · 2005
- In Re DDAVP Direct Purchaser Antitrust LitigationCourt of Appeals for the Second Circuit · 2009
- Richard A. Balser Corinne L. Balser v. Department of Justice, Office of the United States TrusteeCourt of Appeals for the Ninth Circuit · 2003
115 more not listed; retrieve them via the Exa API.