![]() ![]() The Second Circuit acknowledged that Flood was “caught in a most frustrating predicament. The Second Circuit added that baseball was “so uniquely interstate commerce” as the league extended over many states that the “consequent extra-territorial effect of necessary compliance” with multiple state antitrust laws would be “far reaching.” Accordingly, federal law pre-empted the application of state antitrust laws. Following a ten-week bench trial, the district court ruled against Flood and in favor Major League Baseball, finding that the reserve clause had beneficial aspects for the game and its players.įlood appealed the ruling to the Second Circuit, which affirmed the district court, holding that Federal Baseball and Toolson were binding precedent and, thus, Major League Baseball was not subject to the Sherman Act because baseball did not constitute interstate commerce. No current players testified in favor of Flood, however. Several former players testified at trial on behalf of Flood, including Hall of Famers Jackie Robinson and Hank Greenberg, as well as Bill Veeck, renegade owner of the Chicago White Sox. ![]() ![]() Flood knew that the lawsuit, which could potentially (and did) take years, would effectively end his playing career. Flood retained former Supreme Court Justice Arthur Goldberg, who agreed to handle the matter without charge. Flood, who was then making $90,000 per season, sought $1 million in damages. Yet, Flood, who was still near the peak of his playing years, had no interest in going, citing Philadelphia’s terrible record, dilapidated stadium, and racist fans, at least in Flood’s eyes.įlood refused to report to Philadelphia and sent a strongly-worded letter to baseball’s commissioner at the time, Bowie Kuhn, noting that he was not “a piece of property to be bought and sold irrespective of my wishes.” Flood added his belief that “any system which produces that result violates my basic rights as a citizen and is inconsistent with the laws of the United States and of the several States.”įlood’s letter to Kuhn fell on deaf ears, and he filed suit against the League in the Southern District of New York, alleging that baseball’s reserve clause violated antitrust law. Louis, on October 7, 1969, the Cardinals traded Flood and several other players, including Tim McCarver, to the Philadelphia Phillies. 293 batting average.Īfter twelve seasons in St. He was a three-time All Star, a seven-time Gold Glove winner, and retired with a. Louis Cardinals, and the Washington Senators. He was also a star player, spending 15 years in the major leagues with the Cincinnati Red(leg)s, the St. Supreme Court, and helping to usher in the current “free agency” era of baseball. You can find the other parts to this series below:īaseball and the Antitrust Laws Part 1: The Origins of the Reserve Clauseīaseball and the Antitrust Laws Part 2: The Owners Strike Back (and Strike Out)īaseball and the Antitrust Laws Part 3: Baseball Reaches the Supreme Courtīaseball and the Antitrust Laws Part 4: Baseball’s Antitrust Exemption Curt Flood takes on baseballĬurt Flood was immensely important in baseball’s labor movement, serving as the plaintiff in the last baseball lawsuit to reach the U.S. New York Yankees, in particular the litigation involving Curt Flood that ultimately led to the free agency era of professional baseball. This article-the fifth in a series-addresses some of the aftermath of the Supreme Court’s decision in Toolson v.
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