Represented Campbell Industries following trial where a federal jury returned its verdict that the defendant had violated the antitrust laws by excluding plaintiff from access to a Navy ship repair drydock in San Diego. The verdict was affirmed by the Court of Appeals and the case was remanded solely for a determination of damages. Defendant then retained us (we did not represent defendant at the liability trial) to represent it at the damage trial. We immediately moved for summary judgment, however, contending that the defendant’s actions were protected from antitrust liability by the Noerr-Pennington doctrine as the dry dock was government-owned. The federal court granted defendant’s motion, and plaintiff did not appeal.
Southwest Marine Inc. v. Campbell Indus., 811 F.2d 501 (S.D.Cal. 1987).