Bayou Fleet, Inc. v. Alexander
District Court, E.D. Louisiana · 1998-09-08 · cited 4×
Bayou Fleet, Inc. sued Ellis A. Alexander, a St. Charles Parish Council member, in his individual capacity under the Sherman Act, 42 U.S.C. § 1983, and the Louisiana Unfair Trade Practices Act, alleging he sought to eliminate the company as a business competitor by lobbying for zoning and permit challenges, proposing a sales tax audit resolution, introducing a levee ordinance, and appointing special counsel to investigate the company's operations. Alexander moved for judgment on the pleadings, asserting immunity under the Noerr-Pennington doctrine. The court granted the motion and dismissed all individual-capacity claims, holding that Noerr-Pennington protected Alexander's efforts to persuade government bodies to take anti-competitive action because he genuinely sought the outcomes rather than abusing the process itself, and that the doctrine extends to related state-law and § 1983 claims.