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.)