Noerr-Pennington Doctrine Does Not Apply to Private Arbitrations, Va. Federal Judge Rules

RICHMOND, Va. — The Noerr-Pennington doctrine does not apply to private arbitrations and therefore does not protect National Indemnity Co.’s right to initiate arbitration against Ford Motor Co. (NYSE: F) in a reinsurance contract dispute, a Virginia federal judge has ruled.

On Sept. 6, Senior Judge Robert E. Payne of the U.S. District Court for the Eastern District of Virginia concluded that the doctrine does not bar Ford’s claims that NICO initiated arbitration in order to pressure Ford into accepting less than full value for its aggregate stop loss claims.

This action arises from NICO’s conduct in stopping the payment …