Quimbee logo
DMCA.com Protection Status
  • M
  • Marrese v. American Academy of Orthopaedic S…Marrese v. American Academy of Orthopaedic Surgeons
From our private database of 16,600+ case briefs...

Marrese v. American Academy of Orthopaedic Surgeons

United States Supreme Court
470 U.S. 373 (1985)


Dr. Marrese (plaintiff) and Dr. Treister (plaintiff) were two orthopaedic surgeons practicing in the Chicago area. They both applied for membership in the American Academy of Orthopaedic Surgeons (the Academy) (defendant) and were denied admission. Neither doctor received a reason for the denial, nor was a hearing to challenge the denial available to them. Both doctors sued the Academy in the Circuit Court of Cook County, Illinois. The doctors alleged that the Academy violated the right to associate provided in the Illinois Constitution. They did not claim any violations of state antitrust laws. The Academy moved to dismiss the complaint on the grounds that the doctors failed to state a cause of action. The Illinois court granted the motion and dismissed the case with prejudice. After the doctors had exhausted their state appeals, they filed a suit in the United States District Court for the Northern District of Illinois, alleging that the Academy violated federal antitrust laws. The Academy filed a motion to dismiss, arguing that the previous state action based on the same set of facts precluded the doctors from bringing a subsequent case in federal court. The district court denied the motion. The Academy appealed to the United States Court of Appeals for the Seventh Circuit, which reversed the district court. The doctors appealed.

Rule of Law


Holding and Reasoning (O’Connor, J.)

Concurrence (Burger, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 434,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,600 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial