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ARTICLE · 02 JULY 2026

Fight Over "Sham Litigation" Will Proceed

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According to a recent Eastern District of Pennsylvania decision, attorneys alleged to have directed medical providers to manufacture fraudulent evidence cannot claim Petition Clause immunity.

United StatesLitigation, Mediation & Arbitration
Michelle Yeary
Michelle Yeary

Key Takeaways

According to a recent Eastern District of Pennsylvania decision, attorneys alleged to have directed medical providers to manufacture fraudulent evidence cannot claim Petition Clause immunity. Uber v. Simon & Simon ruled that Noerr-Pennington does not shield pre-filing fabrication of evidence that is actionable as fraud, a pattern of filings pursued without regard to merit, or misrepresentations that infect the core of underlying claims—and it does not protect the attorneys and conspirators alleged to have orchestrated such claims.

The Eastern District of Pennsylvania recently permitted Uber and FedEx’s RICO suit against a plaintiff personal injury law firm and its affiliated doctors to proceed, denying the defendants’ motion to dismiss which sought immunity under the Noerr-Pennington doctrine. Uber Techs., Inc. v. Simon & Simon, P.C., No. 25-5365, 2026 U.S. Dist. LEXIS 103792, at *14 (E.D. Pa. 2026).

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