CA · jury_instructions
CACI No. 3430
“Noerr-Pennington” Doctrine
[Name of defendant] claims that [his/her/ nonbinary pronoun/its] agreement
with [name of alleged coparticipant] did not violate the law because [he/
she/nonbinary pronoun/it] was trying in good faith to influence
government action. [Name of plaintiff] claims that this action was a sham
or a pretext to restrain competition.
To establish [his/her/ nonbinary pronoun/its] claim, [name of plaintiff] must
prove both of the following:
1. That [name of defendant]’s actions before [name of governmental
body] were undertaken without regard to the merits; and
2. That the reason [name of defendant] engaged in [specify the
petitioning activity, e.g., “filing an objection to an environmental
impact report”] was to use the [specify the claimed process, e.g.,
“environmental agency approval”] process to harm [name of
plaintiff] by [specify the manner of harm, e.g., “delaying [name of
plaintiff]’s entry into the market”], rather than to obtain a
successful outcome from that process.
New September 2003
Provenance
- Source
- courts.ca.gov
- Retrieved
- 2026-08-20
- Edition
- caci-2025
- Content hash
d13509b1de92bf15d8187af74843eaa4b083f9a1454d82c8eb8eeee91b902e49
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