Legal Opinion

Acoustic Systems, Inc. v. Wenger Corp.

Court of Appeals for the Fifth Circuit

Decided April 3, 2000No. 99-50112PublishedCited by 47 opinions

1Opinion of the Court

DENNIS, Circuit Judge:

Acoustic Systems, Inc. (“Acoustic”) brought this antitrust suit, 15 U.S.C. § 1, et seq., against the defendants, Wenger Corporation and its employee Steve Bright (collectively “Wenger”) in district court. Wenger moved unsuccessfully for summary judgment upon both the state action and the Noerr-Pennington doctrines and appealed. We dismiss the appeal for lack of appellate jurisdiction. The denial of a summary judgment motion based upon the Noerr-Pennington doctrine is not a collateral order within this court’s appellate jurisdiction. The denial of a summary judgment…

2Cases cited53 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
  3. Mitchell v. ForsythSupreme Court of the United States · 1985
  4. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  5. Johnson v. JonesSupreme Court of the United States · 1995

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3Cited by47 opinions

  1. American Chemical Society v. Leadscope, Inc.Ohio Supreme Court · 2012
  2. Martin v. HalliburtonCourt of Appeals for the Fifth Circuit · 2010
  3. Bayou Fleet, Inc. v. AlexanderCourt of Appeals for the Fifth Circuit · 2000
  4. Hinshaw v. SmithCourt of Appeals for the Eighth Circuit · 2006
  5. Nunag-Tanedo v. East Baton Rouge Parish School BoardCourt of Appeals for the Ninth Circuit · 2013

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