International Longshore & Warehouse Union v. ICTSI Oregon, Inc.
ILWU and PMA jointly filed suit against ICTSI under section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. 185, asking it to order ICTSI to comply with recently issued Joint Committee decisions. ICTSI counterclaimed and alleged, among other things, that ILWU and PMA violated Sections 1 and 2 of the Sherman Act, 15 U.S.C. 1, 2, through their agreement to assign the disputed work to ILWU and their actions taken to enforce such agreement. The district court granted partial final judgment and dismissed ICTSI's antitrust counterclaim with prejudice. All other issues remained stayed in the district court pending the resolution of related NLRB proceedings. The Ninth Circuit affirmed and held that the district court did not err by entering partial final judgment under Fed. R. Civ. P. 54(b); ICTSI had standing to bring its antitrust counterclaim; the section 301 suit was covered by Noerr-Pennington immunity; and the nonstatutory exemption shields the alleged Joint Activity of ILWU and PMA from antitrust scrutiny and ICTSI's counterclaim was properly dismissed. View "International Longshore & Warehouse Union v. ICTSI Oregon, Inc." on Justia Law