Baltimore Scrap Corp. v. David J. Joseph Co.

OPINION

WILKINSON, Chief Judge:

This antitrust case stems from a protracted dispute over Baltimore Scrap Corp.’s attempt to install a scrap metal shredder in Baltimore, Maryland in 1991. Baltimore Scrap alleges that the. defendants violated the Sherman Act, 15 U.S.C. § 1 (1994), by surreptitiously financing litigation in state court in order to preveht or delay Baltimore Scrap’s entry into the market. The defendants argue that the Noerr-Pennington doctrine immunizes those who petition the courts from antitrust liability. The district court ruled that although the defendants’ conduct was wrong,…