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July 31, 2003 | Law.com

Smokers' Antitrust Challenge Rejected

Once again, the 3rd U.S. Circuit Court of Appeals has rejected an antitrust challenge to the $200 billion settlement between the top four tobacco companies and 46 states, finding that while the mega-deal did result in stifled competition, the state officials who agreed to it are immune from suit. In a challenge brought by a group of Pennsylvania smokers, the court ruled that the Noerr-Pennington doctrine protects the Pennsylvania officials who agreed to and are enforcing the settlement.
5 minute read
March 11, 2010 | Law.com

Germany's Noerr Set to Launch London Base

German law firm Noerr is set to open an office in London at the end of 2010. The office, which will act as a base for advising international clients, will initially be staffed by two partners and three associates. Corporate and media partner Hans Radau and insurance partner Thomas Heitzer will make the move to London from Munich and Dusseldorf. Noerr currently has seven offices across Europe, with bases in Germany, Russia, Poland, the Czech Republic, Hungary, Slovakia and Ukraine.
2 minute read
March 27, 2013 | The Recorder

Nunag-Tanedo v. East Baton Rouge Parish School Board

3 minute read
November 06, 2001 | Law.com

Tobacco Settlement's Victory Carries Seeds of Defeat

According to Robert A. Levy, even though the Master Settlement Agreement struck between big tobacco, state attorneys general and trial lawyers survived an antitrust challenge in the 3rd U.S. Circuit Court of Appeals, it is still vulnerable. Drawing attention to the 3rd Circuit's peculiar logic, Levy suggests that perhaps the panel wanted the Supreme Court to grant certiorari, and crafted its decision accordingly.
8 minute read
July 30, 1999 | Law.com

3rd Circuit Says Antitrust Immunity Applies Broadly

The 3rd U.S. Circuit Court of Appeals has ruled that antitrust immunity under the Noerr-Pennington doctrine, which protects statements made to governmental bodies, is not forfeited even when the defendant made false statements to harm a competitor and preserve its monopoly. The court refused to revive a Sherman Act suit brought by an outpatient surgery center's would-be owners who said their plans were thwarted when a local hospital tried to persuade officials to deny the company's ``certificate of need.''
7 minute read
August 20, 2008 | The Recorder

Theme Promotions, Inc. v. News America Marketing FSI

4 minute read
June 14, 2011 | The Legal Intelligencer

In re Flonase Antitrust Litigation, PICS Case No. 11-1040 (E.D. Pa. June 2, 2011) Brody, J. (31 pages).

In this action involving allegations of antitrust violations stemming from defendant's conduct delaying entry of generic fluticasone propionate nasal sprays into the market, defendant moved for summary judgment arguing that its conduct was protected from antitrust liability under the First Amendment and the Noerr-Pennington doctrine. Motion for summary judgment denied.
4 minute read
July 31, 2001 | Law.com

Philadelphia Attorneys Granted Nonsuit Motions in Ethics Case

After over two weeks of trial, the case involving two of Philadelphia's heavy hitters, a former university president and an attorney, quietly ended when the judge granted the defendants' motions for nonsuit Tuesday. The ruling brought to a close the suit by the former president of Lincoln University which alleged breach of attorney-client privilege against attorney Richard H. Glanton and the law firm of Reed Smith.
7 minute read
June 19, 2001 | Law.com

Big Tobacco Wins in Antitrust Challenge Before 3rd Circuit

In another victory for Big Tobacco, the 3rd U.S. Circuit Court of Appeals Tuesday rejected an antitrust challenge to the $200 billion settlement between tobacco companies and 46 states brought by tobacco retailers. The court held that since the settlement was struck with the government -- the 46 states -- the tobacco companies are immune under the Noerr-Pennington doctrine from being sued for antitrust violations.
8 minute read

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