Seventh Circuit deepens the circuit split on the "sham exception" to Noerr-Pennington

On 23 March 2020 the U.S. Court of Appeals for the Seventh Circuit issued a decision on Noerr-Pennington's sham exception, increasing a circuit split on the proper analysis of "serial petitioning" claims. U.S. Futures Exchange, LLC v. Board of Trade of the City of Chicago, Inc., No. 18-3558 (7th Cir. 23 March 2020).

The Seventh Circuit held that each petition in the alleged "series" must be objectively baseless for the sham exception to apply – diverging from a number of circuits that have found that a showing of objective baselessness is required only in single-petition claims, not in serial petitioning sham claims.

Read More: Seventh Circuit deepens the circuit split on the "sham exception" to Noerr-Pennington


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