Legal Opinion

Cardtoons, L.C. v. Major League Baseball Players Ass'n

Court of Appeals for the Tenth Circuit

Decided June 29, 1999No. 98-5061PublishedCited by 11 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

This case requires us to decide whether Noerr-Pennington immunity can attach to threats of litigation made with probable cause. Applying the “objectively baseless” test articulated in Professional Real Estate Investors, Inc. v. Columbia Pictures, Inc., 508 U.S. 49, 113 S.Ct. 1920, 123 L.Ed.2d 611 (1993), the district court concluded that the non-consummated threats of a lawsuit made by the Major League Baseball Players Association to Cardtoons and Champs Marketing, Inc., enjoy Noerr-Pennington protection. We exercise jurisdiction pursuant to 28 U.S.C. § 1291,' and affirm.

2Cases cited24 opinions

  1. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  2. United Mine Workers v. PenningtonSupreme Court of the United States · 1965
  3. California Motor Transport Co. v. Trucking UnlimitedSupreme Court of the United States · 1972
  4. National Ass'n for the Advancement of Colored People v. Claiborne Hardware Co.Supreme Court of the United States · 1982
  5. Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.Supreme Court of the United States · 1993

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3Cited by11 opinions

  1. Your Home Visiting Nurse Services, Inc. v. ShalalaSupreme Court of the United States · 1999
  2. In Re Cardizem CD Antitrust LitigationDistrict Court, E.D. Michigan · 2000
  3. Cardtoons, L.C., an Oklahoma Limited Liability Company v. Major League Baseball Players Association, an Unincorporated AssociationCourt of Appeals for the Tenth Circuit · 2000
  4. Tichinin v. City of Morgan HillCalifornia Court of Appeal · 2009
  5. Cardtoons, L.C. v. Major League Baseball Players Ass'nCourt of Appeals for the Tenth Circuit · 2003

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