U.S. Court of Appeals for the Third Circuit

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September 30, 2020

The Third Circuit held, among other things, that the FTC may not recover monetary relief under Section 13(b) of the FTC Act and that Noerr-Pennington’s subjective prong can be proven with evidence that the defendant was reasonable and no reasonable person would have thought a lawsuit would succeed. The U.S. Chamber filed an amicus brief supporting the first but not the second of those holdings.

U.S. Chamber files amicus brief urging Third Circuit to reject narrow conception of Noerr-Pennington immunity and to hold that the FTC may not seek monetary relief under Section 13(b) of the FTC Act

June 12, 2019

Click here to view the Chamber’s amicus brief.

Ilana H. Eisenstein and Adam Pierson of DLA Piper LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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