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FREEMAN v. LASKY, HAAS & COHLER

No. 03-56588.

410 F.3d 1180 (2005)

Arleen FREEMAN, individually and on behalf of all others similarly situated; James Alexander, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. LASKY, HAAS & COHLER, a professional corporation; Charles B. Cohler; Luce, Forward, Hamilton & Scripps; Christopher J. Healey; White and Bright, a professional corporation; David S. Bright; Musick, Peeler & Garrett LLP; Michael J. Hickman; Jon F. McKinley; California Association of Realtors, Inc.; John Lomac; Mark Marchand; Dianne McMillan; Share Jackson; Scott Hubal; June Barlow, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 14, 2005.

Attorney(s) appearing for the Case

David Barry, Barry & Associates, San Francisco, CA, for the plaintiffs-appellants.

Jeffrey M. Shohet and Stanley J. Panikowski, Gray Cary Ware & Freidenrich LLP, San Diego, CA; Charles A. Bird, Luce, Forward, Hamilton & Scripps LLP, San Diego, CA; Robert F. Semmer, Coughlan, Semmer & Lipman, LLP, San Diego, CA; Cheryl A. Orr, Musick, Peeler & Garrett LLP, Los Angeles, CA, for the defendants-appellees.

Before: KOZINSKI, TROTT and CLIFTON, Circuit Judges.

KOZINSKI, Circuit Judge:

We consider the applicability of Noerr-Pennington immunity to discovery misconduct.

Facts

Realtor Arleen Freeman subscribes to a regional real-estate Multiple Listing Service (MLS) run by Sandicor, a corporation owned and managed by various local realtors' associations. Charging that Sandicor's MLS subscription fees were fixed at artificially high levels, Freeman sued Sandicor...

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