News & Analysis as of

Sham Litigation Exception

Objectors Beware – Exposure To Claims Brought By Adversely Impacted Developers Is Alive And Well

by Cole Schotz on

Parties objecting to development projects have traditionally been immunized from liability for common law torts, such as malicious prosecution, abuse of process and tortious interference. This immunity, grounded in the...more

Third Circuit Holds No Sham Litigation or Unlawful Reverse Payment in Wellbutrin XL Litigation

The Third Circuit recently affirmed the grant of summary judgment to GlaxoSmithKline (“GSK”) in the nearly 10-year-old Wellbutrin XL Antitrust Litigation, which challenged the lawfulness of settlement agreements resolving...more

Demand Letters Protected by the Noerr-Pennington Doctrine

In Silverhorse Racing LLC v. Ford Motor Co., [Civ. Action No. 6:16-cv-00053] (M.D.Fla. January 30, 2017), the Court granted Ford Summary Judgment that the act of sending Demand Letters to Silverhorse’s distributors was...more

Apotex Drops Sham Litigation Counterclaims in Neupogen and Neulasta Biosimilar Litigation

In a consolidated litigation in the Southern District of Florida involving Apotex’s proposed biosimilars of Amgen’s Neupogen, an anti-infection drug for cancer patients, and of Amgen’s Neulasta, a long-acting version of...more

ANDA Update - October 2015

by McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Court Finds Sham Litigation Violates Secondary Boycott Provisions of NLRA, But NLRA Prohibitions Do Not Apply to Worker Centers

by Littler on

On August 26, 2013, in Waugh Chapel South, LLC v. UFCW (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit delivered a victory, in part, to employers and, in part, to labor. In its decision, the Fourth Circuit...more

"Sham Litigation" Suit Revived by Fourth Circuit

by Ellis & Winters LLP on

Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27 - No. 12-1429, 2013 WL 4505288 (4th Cir. Aug. 26, 2013) - In Waugh Chapel South, LLC v. United Food & Commercial Workers Union Local 27, the...more

General Liability Policies May Cover Antitrust, Patent and Other Business Litigation - Part 2

In a prior post, we explained how a general liability policy may cover antitrust, patent, trade secret and other business litigation claims, if there are allegations that insured made negative comments about the other party’s...more

“Sham Litigation” Claim Can Be Decided On The Pleadings

In a recent decision, the North Carolina Business Court in Lorillard Tobacco Company v. R.J. Reynolds Tobacco Company, 2011 NCBC 30 (August 8, 2011) (“Lorillard”) has found that an unfair trade practice counterclaim, based on...more

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