Logourl black

Marrese v. American Academy of Orthopaedic Surgeons

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


Facts

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

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (O’Connor, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Concurrence (Burger, C.J.)

The concurrence section is for members only and includes a summary of the concurring judge or justice’s opinion. To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 89,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,195 briefs - keyed to 164 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now