This article begins with a discussion of the development of Noerr-Pennington immunity as it applies to litigation behavior. Parts III and IV describe the litigation in Professional Real Estate Investors and then analyze the effect of this new decision on predatory litigation law. Part V discusses possible ramifications of the case for other areas of federal and state law in which subjective intent is the sole keystone for the imposition of liability on petitioning activity. Because Professional Real Estate Investors interprets the First Amendment to preclude antitrust liability in these cases, other laws that deter bad faith litigation may no longer be valid in light of the Court's expanded view of the protected role of litigation under the Petition Clause.
Gary Myers, Antitrust and First Amendment Implications of Professional Real Estate Investors, 51 Wash. & Lee L. Rev. 1199 (1994)