North Carolina Business Litigation Report

State ex rel. Cooper v. McClure, December 14, 2004 (Tennille)(unpublished)

The Court found that the Noerr-Pennington doctrine did not apply to the false submission of data to a public agency.  The Court further found this conduct was not entitled to free speech protection under the First Amendment and the North Carolina Constitution.  Nor were the Defendants entitled to state action immunity, or the protection of the filed rate doctrine. 

Full Opinion

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Mack Sperling
Brooks Pierce, LLP
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