United States Fourth Circuit

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Waugh Chapel South, LLC v. United Food and Commercial Workers, 12-1429

Dismissal of plaintiffs' action under the Labor Management Relations Act (LMRA) alleging that defendants orchestrated fourteen separate legal challenges against their commercial real estate project in order to force plaintiffs to terminate their relationship with a non-unionized supermarket, which plaintiffs allege was an illicit "secondary boycott," is: 1) affirmed in part, where the district court correctly concluded that defendant Fund is not a "labor organization" under the National Labor Relations Act; but 2) vacated in part and remanded, where under the "sham litigation" exception to the Noerr-Pennington doctrine, the pleadings and evidence in this case are sufficient to show that the defendant unions have abused their right to petition the courts beyond the point of constitutional protection.

Appellate Information

  • Decided 08/26/2013
  • Published 08/26/2013

Judges

  • DIAZ

Court

  • United States Fourth Circuit

Counsel

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