Professional Documents
Culture Documents
MLBS CONSTITUTION
The rights, privileges and other property rights of a Major League Club hereunder may be terminated (ii) involuntarily, with the approval of three-fourths of all Major League Clubs, if the Club in question shall do or suffer any of the following: (f) Fail or refuse to comply with any requirement of the Commissioner; Major League Constitution Art. VIII, Sec. 4
Flood v Kuhn,
407 U.S. 258 (1972).
Upheld antitrust exemption when Curt Flood challenged reserve clause after being traded from St. Louis to Philadelphia. Exemption upheld based on stare decisis and Congresss awareness of the exemption and subsequent inaction.
Supreme Court also held that baseball is a business engaged in interstate commerce.
Limits scope of antitrust exemption: applies antitrust laws to MLB players the same way it applies to other professional athletes.
Antitrust exemption continues to apply to minor league players, umpires, broadcasting and franchise relocation issues, marketing or sales of entertainment products, licensing of IP, and the relationship between the Office of the Commissioners and franchise owners.
Football Radovich v. NFL, 352 U.S. 445 (1957)(specifically limited Toolson to business of organized baseball).
Basketball Haywood v. NBA, 401 U.S. 1204 (1971)(Basketball does not enjoy exemption from the antitrust laws.)
Malpractice Action
Bingham McCutchen, LLP v Frank H. McCourt, Suffolk, MA Superior Court declaratory relief action seeking declaration that the services performed by Bingham met the standard of care for professionals providing legal representation and did not cause loss with respect to ownership of Dodgers. McCourt had repeatedly threatened to sue Bingham for damages resulting from preparation of Marital Property Agreement.