Noerr–Pennington Doctrine
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Noerr–Pennington Doctrine
Under the ''Noerr''–''Pennington'' doctrine, private entities are immune from liability under the antitrust laws for attempts to influence the passage or enforcement of laws, even if the laws they advocate for would have anticompetitive effects.''Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.'', ; '' United Mine Workers v. Pennington'', . The doctrine is grounded in the First Amendment protection of political speech, and "upon a recognition that the antitrust laws, 'tailored as they are for the business world, are not at all appropriate for application in the political arena.'" Origins The doctrine was set forth by the United States Supreme Court in ''Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.'' and '' United Mine Workers v. Pennington''. The Court later expanded on the doctrine in ''California Motor Transport Co. v. Trucking Unlimited''.. In ''Noerr'', the Court held that "no violation of the hermanAct can be predicated upon mere att ...
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Eastern Railroad Presidents Conference V
Eastern may refer to: Transportation *China Eastern Airlines, a current Chinese airline based in Shanghai *Eastern Air, former name of Zambia Skyways *Eastern Air Lines, a defunct American airline that operated from 1926 to 1991 *Eastern Air Lines (2015), an American airline that began operations in 2015 *Eastern Airlines, LLC, previously Dynamic International Airways, a U.S. airline founded in 2010 *Eastern Airways, an English/British regional airline *Eastern Provincial Airways, a defunct Canadian airline that operated from 1949 to 1986 *Eastern Railway (other), various railroads *Eastern Avenue (other), various roads *Eastern Parkway (other), various parkways *Eastern Freeway, Melbourne, Australia *Eastern Freeway Mumbai, Mumbai, India *, a cargo liner in service 1946-65 Education *Eastern University (other) *Eastern College (other) Other uses * Eastern Broadcasting Limited, former name of Maritime Broadcasting System, Canada * ...
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Abuse Of Process
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as a tort distinct from the intentional tort of malicious prosecution. It is a tort that involves misuse of the public right of access to the courts. In the United States it may be described as a legal process being commenced to gain an unfair litigation advantage. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished from ...
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Sine Qua Non
''Sine qua non'' (, ) or ''condicio sine qua non'' (plural: ''condiciones sine quibus non'') is an indispensable and essential action, condition, or ingredient. It was originally a Latin legal term for " conditionwithout which it could not be", "but for...", or "without which here isnothing." Also, "''sine qua non'' causation" is the formal terminology for "but-for causation." Origin and spread As a Latin term, it occurs in the work of Boethius, and originated in Aristotelian expressions. In Classical Latin, the form uses the word (from the verb , , to agree upon), but in later Latin the phrase is also used with , an error in translation as means ''construction'' and not ''condition''. It has passed from a merely legal usage to a more general usage in many languages, including English, German, French, Italian and Spanish. General usage U.S. president Andrew Jackson once gave a toast on the occasion of his receiving an honorary doctorate from Harvard University, responding ...
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California Motor Transport V
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territories of the United States by population, most populous U.S. state and the List of U.S. states and territories by area, 3rd largest by area. It is also the most populated Administrative division, subnational entity in North America and the 34th most populous in the world. The Greater Los Angeles area and the San Francisco Bay Area are the nation's second and fifth most populous Statistical area (United States), urban regions respectively, with the former having more than 18.7million residents and the latter having over 9.6million. Sacramento, California, Sacramento is the state's capital, while Los Angeles is the List of largest California cities by population, most populous city in the state and the List of United States cities by population, ...
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