Petrochem Insulation

23 Cited authorities

Professional Real Estate Investors, Inc. v. Columbia Pictures Industries, Inc.
508 U.S. 49 (1993) Cited 1,158 times 42 Legal Analyses
Holding litigants immune from an antitrust claim under Noerr-Pennington immunity
California Transport v. Trucking Unlimited
404 U.S. 508 (1972) Cited 1,599 times 7 Legal Analyses
Holding "the right to petition extends to all departments of the Government," including the courts
Bill Johnson's Restaurants, Inc. v. Nat'l Labor Relations Bd.
461 U.S. 731 (1983) Cited 980 times 17 Legal Analyses
Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law
DeBartolo Corp. v. Fla. Gulf Coast Trades Council
485 U.S. 568 (1988) Cited 731 times 10 Legal Analyses
Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"
Sears, Roebuck Co. v. Carpenters
436 U.S. 180 (1978) Cited 554 times 4 Legal Analyses
Holding that both state and federal courts must defer to the National Labor Relations Board when an activity is arguably protected under § 7 or prohibited by § 8 of the NLRA
Summit Valley Industries, Inc. v. Carpenters
456 U.S. 717 (1982) Cited 178 times 1 Legal Analyses
Holding that Labor Management Relations Act § 303, which authorizes recovery of "damages" for employers injured by an unfair labor practice, does not provide authorization for awarding attorney's fees for Board proceedings
Longshoremen v. Juneau Spruce Corp.
342 U.S. 237 (1952) Cited 124 times
Holding that, in enacting § 303 of the Labor Management Relations Act, 29 U.S.C. § 187(b), Congress intended to provide independent remedies: one directed at ending unfair labor practices, the other at providing for recovery of damages
Labor Board v. Servette
377 U.S. 46 (1964) Cited 74 times
Holding under section 8(b) of the Act, 29 U.S.C. § 158(b), that statutory protection for the distribution of handbills would be undermined if a threat to engage in protected conduct were not itself protected
Kline v. Coldwell, Banker Co.
508 F.2d 226 (9th Cir. 1974) Cited 98 times
Holding that a potential liability of $750 million under the Sherman Act would be inconsistent with congressional intent in enacting the statutory damages provision because treble damages were "not remedial" but "punitive"
Lyons v. Westinghouse Electric Corporation
222 F.2d 184 (2d Cir. 1955) Cited 109 times
In Lyons v. Westinghouse Electric Corp., 222 F.2d 184, 189 (2d Cir.), cert. denied, 350 U.S. 825, 76 S.Ct. 52, 100 L.Ed. 737, we held that rejection of a federal anti-trust defense in state court does not bar a later federal suit for treble damages based on the same claims.
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,262 times 61 Legal Analyses
Specifying prohibited activities
Section 1 - Trusts, etc., in restraint of trade illegal; penalty
15 U.S.C. § 1 Cited 3,246 times 76 Legal Analyses
Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

Petrochem Insulation

23 Cited authorities

Holding litigants immune from an antitrust claim under Noerr-Pennington immunity

Holding "the right to petition extends to all departments of the Government," including the courts

Holding that the NLRB could not bar an employer from pursuing a well-grounded lawsuit for damages under state law

Holding that both state and federal courts must defer to the National Labor Relations Board when an activity is arguably protected under § 7 or prohibited by § 8 of the NLRA

Holding that Labor Management Relations Act § 303, which authorizes recovery of "damages" for employers injured by an unfair labor practice, does not provide authorization for awarding attorney's fees for Board proceedings

Holding that, in enacting § 303 of the Labor Management Relations Act, 29 U.S.C. § 187(b), Congress intended to provide independent remedies: one directed at ending unfair labor practices, the other at providing for recovery of damages

Holding under section 8(b) of the Act, 29 U.S.C. § 158(b), that statutory protection for the distribution of handbills would be undermined if a threat to engage in protected conduct were not itself protected

Holding that a potential liability of $750 million under the Sherman Act would be inconsistent with congressional intent in enacting the statutory damages provision because treble damages were "not remedial" but "punitive"

In Lyons v. Westinghouse Electric Corp., 222 F.2d 184, 189 (2d Cir.), cert. denied, 350 U.S. 825, 76 S.Ct. 52, 100 L.Ed. 737, we held that rejection of a federal anti-trust defense in state court does not bar a later federal suit for treble damages based on the same claims.

Specifying prohibited activities

Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"