Legal Opinion
Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.
Supreme Court of the United States
Decided May 3, 1993No. 91-1043PublishedCited by 902 opinions
1Opinion of the CourtJustice Thomas
This case requires us to define the “sham” exception to the doctrine of antitrust immunity first identified in Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc., 365 U. S. 127 (1961), as that doctrine applies in the litigation context. Under the sham exception, activity “ostensibly directed toward influencing governmental action” does not qualify for Noerr immunity if it “is a mere sham to cover ... an attempt to interfere directly with the business relationships of a competitor.” Id., at 144. We hold that litigation cannot be deprived of immunity as a sham unless the…
2Cases cited38 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Hughes v. RoweSupreme Court of the United States · 1980
- Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
- 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
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3Cited by902 opinions
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- White v. LeeCourt of Appeals for the Ninth Circuit · 2000
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