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CARDTOONS v. MAJOR LEAGUE BASEBALL PLAYERS ASS'N

No. 98-5061.

208 F.3d 885 (2000)

CARDTOONS, L.C., an Oklahoma Limited Liability Company, Plaintiff-Appellant, v. MAJOR LEAGUE BASEBALL PLAYERS ASSOCIATION, an unincorporated association, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 7, 2000.

Attorney(s) appearing for the Case

James W. Tilly (and Craig A. Fitzgerald, with him on the briefs), Tilly & Fitzgerald, Tulsa, Oklahoma, for Plaintiff-Appellant.

Russell S. Jones, Jr. (and William E. Quirk, Shughart, Thomson & Kilroy, P.C., Kansas City, Missouri, and James W. Weger, Jones, Givens, Gotcher & Bogan, Tulsa, Oklahoma, with him on the briefs), for Defendant-Appellee.

Before SEYMOUR, Chief Judge, TACHA, BALDOCK, BRORBY, EBEL, KELLY, HENRY, BRISCOE, LUCERO, and MURPHY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

This case requires us to determine whether threats of litigation between purely private parties in a non-antitrust setting are immunized from liability under the Noerr-Pennington doctrine or under the right to petition clause of the First Amendment. Because purely private threats do not constitute a petition to the government, we hold that they are not constitutionally protected.

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