Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.

E666876

Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc. is a U.S. Supreme Court case that defined when litigation can be considered a "sham" unprotected by the First Amendment under antitrust law.

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Statements (40)

Predicate Object
instanceOf United States Supreme Court case
antitrust case
areaOfLaw First Amendment law
antitrust law
civil procedure
arguedDate 1992-10-06
citation 508 U.S. 49
citationStyle Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc., 508 U.S. 49 (1993) NERFINISHED
constitutionalProvision First Amendment to the United States Constitution NERFINISHED
country United States of America
surface form: United States
court Supreme Court of the United States
decisionDate 1993-04-20
decisionType unanimous decision
docketNumber 91-1043
holding Objectively reasonable litigation cannot be deemed a sham and is immune from antitrust liability under the Noerr-Pennington doctrine.
To be a sham, litigation must be objectively baseless and subjectively intended to interfere directly with a competitor’s business relationships through the use of governmental process.
impact clarified scope of sham litigation exception to Noerr-Pennington immunity
limited antitrust liability for parties bringing objectively reasonable lawsuits
jurisdiction federal question jurisdiction
keyPhrase Noerr-Pennington doctrine NERFINISHED
objectively baseless litigation
sham exception
legalIssue Noerr-Pennington doctrine NERFINISHED
antitrust immunity for petitioning activity
sham litigation exception
majorityOpinionBy Justice Clarence Thomas NERFINISHED
page 49
petitioner Professional Real Estate Investors, Inc. NERFINISHED
proceduralPosture review of Ninth Circuit decision
relatedArea competition between video rental business and motion picture copyright holders
relatedDoctrine Noerr-Pennington immunity NERFINISHED
reporter United States Reports
respondent Columbia Pictures Industries, Inc. NERFINISHED
shamTestElement objective baselessness of the lawsuit
subjective intent to use the process to interfere with a competitor
shortName PREI v. Columbia Pictures NERFINISHED
subjectMatter copyright infringement litigation used as basis for antitrust counterclaim
testEstablished two-part sham litigation test
volume 508
yearDecided 1993

Referenced by (2)

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BE&K Construction Co. v. NLRB relatedCase Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.
Noerr-Pennington doctrine clarifiedInCase Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.