Pa. Developer Says Defamation Ruling At Odds With Prior Suit

Law360 (September 21, 2018, 5:53 PM EDT) -- A developer asked a Pennsylvania appeals court on Thursday to rehear its suit alleging it was defamed by an environmental group as the two competed over the development of a contaminated industrial site, saying the court's finding that the group’s comments were protected speech is inconsistent with prior rulings.

O’Neill Properties Group LP is seeking a full panel rehearing of the court's September decision, which affirmed a lower court’s ruling to toss the suit against the Delaware Riverkeeper Network. O’Neill argues that the group’s speech was not protected by Noerr-Pennington doctrine, which immunizes entities from liability for exercising their First Amendment right to petition...

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