United States Ninth Circuit

In a RICO action against a law firm that represented a school district in an eminent domain proceeding concerning Plaintiff's property, the dismissal of the complaint is affirmed in part, where Defendant's actions were in service of its right to petition, but reversed in part, where the sham litigation exception to the Noerr-Pennington doctrine applied.

Appellate Information

• Argued 10/22/2008
• Decided 05/12/2009
• Published 05/12/2009

Judges

• Before HARRY PREGERSON and CYNTHIA HOLCOMB HALL, Circuit Judges, and DAVID ALAN EZRA,District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph J. Wheeler, Jill M. Sullivan, Chapin Wheeler LLP, San Diego, CA, for the appellant.


• For Appellees:
  
• Seth M. Galanter, Michael V. Sachdev, Morrison & Foerster LLP, Washington, D.C., Mark C. Zebrowski, Morrison & Foerster LLP, San Diego, CA, for appellees Foley & Lardner LLP, Larry L. Marshall, and Gregory V. Moser., Daniel R. Shinoff, Paul V. Carelli, IV, Stutz Artiano Shinoff & Holtz, APC, San Diego, CA, for appellee Michael T. McCarty.