United States Fourth Circuit

In an antitrust and defamation companion case to City of Charleston v. A Fisherman's Best, Inc., the district court did not err in holding: 1) that defendant was not a competitor of plaintiff; 2) that the Noerr-Pennington doctrine applies; and, 3) that plaintiff is entitled to immunity, pursuant to the doctrine, and that none of the exceptions to Noerr apply.

Appellate Information

• Argued 04/05/2000
• Decided 10/31/2002
• Published 10/31/2002

Judges

• Before MOTZ and KING, Circuit Judges, and JOHN C. GODBOLD, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  William Atkins Scott, Pedersen & Scott, P.C., Charleston, South Carolina, for Appellants.  Peter G. Nistad, Hood Law Firm, L.L.C., Charleston, South Carolina, for appellee.   ON BRIEF:  Robert H. Hood, Hood Law Firm, L.L.C., Charleston, South Carolina, for Appellee.