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Salerno v. American League of Professional Baseball Clubs

429 F.2d 1003 (1970)

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Salerno v. American League of Professional Baseball Clubs

United States Court of Appeals for the Second Circuit
429 F.2d 1003 (1970)

Facts

Alexander Salerno and other umpires (plaintiffs) formerly employed by the American League of Professional Baseball Clubs (league) (defendant) sued the league, Bowie Kuhn (the commissioner of Major League Baseball (MLB)), and others (defendants), alleging that they were fired for attempting to unionize the league’s umpires. Per the umpires, the league’s actions violated the federal Sherman Antitrust Act. Kuhn (the only defendant who was served with process) moved to dismiss the complaint for lack of jurisdiction due to MLB’s immunity from federal antitrust liability pursuant to the United States Supreme Court’s decisions in Federal Baseball Club of Baltimore, Inc. v. National League of Professional Baseball Club and Toolson v. New York Yankees, Inc. The district court granted Kuhn’s motion. The umpires appealed, arguing that the Supreme Court likely would overrule Federal Baseball and Toolson based on new developments, particularly MLB’s increased revenue from interstate commerce.

Rule of Law

Issue

Holding and Reasoning (Friendly, J.)

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