Use this button to switch between dark and light mode.

Experience a New Era in Legal Research with Free Access to Lexis+

Caldwell v. American Basketball Ass'n

Caldwell v. American Basketball Ass'n

United States Court of Appeals for the Second Circuit

January 30, 1995, Argued ; September 21, 1995, Decided

Docket No. 94-7147

Opinion

 [*525]  WINTER, Circuit Judge:

Joe L. Caldwell appeals from Judge Sand's grant of summary judgment, Caldwell v. American Basketball Ass'n, 825 F. Supp. 558 (S.D.N.Y. 1993), dismissing his complaint.  [**2]  The complaint alleged that the various appellees violated the Sherman Act, 15 U.S.C. § 1 et seq., by conspiring to prevent him from playing professional basketball and by attempting to monopolize the market for professional basketball services. It further alleged that appellees The Spirits of St. Louis Basketball Club, Donald Shupak, and Daniel Silna committed intentional or prima facie torts under New York law. Because Caldwell's antitrust claims are barred by the nonstatutory labor exemption and his state law claims are preempted by the National Labor Relations Act ("NLRA"), 29 U.S.C. § 151 et seq., we affirm.

BACKGROUND

In 1970, Caldwell signed a five-year contract to play basketball for the Carolina Cougars, a member team of the appellee American Basketball Association ("ABA"). In the same year, pursuant to the NLRA, the ABA Players' Association (the "Union") became the exclusive collective bargaining representative for all ABA players. Caldwell served as vice-president and later president of the Union and as the Union's player representative for the Cougars. Caldwell, 825 F. Supp. at 560-61.

During Caldwell's first four seasons with the Cougars, he performed ably [**3]  and was elected to the All-Star team during two of the four years. He also became team captain of the Cougars. After Caldwell's fourth season, the owner of the Cougars, appellee Tedd Munchak, sold the team and became commissioner of the ABA. A group headed by appellees Ozzie and David Silna became the new owners of the Cougars. The Cougars subsequently moved to St. Louis and were renamed "The Spirits of St. Louis." Id. at 561-62.

On November 20, 1974, Marvin Barnes, a star player for the Spirits, failed to appear  [*526]  for an important game. Barnes's dissatisfaction with his contract with the Spirits had prompted him to "jump" the team as a negotiating tactic. When the Spirits' coach asked Caldwell where Barnes was, Caldwell denied having any knowledge of Barnes's whereabouts. Although Barnes returned to the team soon thereafter, the Spirits (as assignee from the Cougars) suspended Caldwell pursuant to certain terms in his individual contract, because they believed that he had been involved in planning the incident. Id. at 562.

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

66 F.3d 523 *; 1995 U.S. App. LEXIS 27176 **; 150 L.R.R.M. 2321; 130 Lab. Cas. (CCH) P11,416; 1995-2 Trade Cas. (CCH) P71,122

JOE L. CALDWELL, Plaintiff-Appellant, v. THE AMERICAN BASKETBALL ASSOCIATION, INC.; THE SPIRITS OF ST. LOUIS BASKETBALL CLUB, a limited partnership; OZZIE SILNA; DANIEL SILNA; HARRY WELTMAN; DONALD SCHUPAK; and TEDD MUNCHAK, Defendants-Appellees.

Subsequent History:  [**1]  Certiorari denied July 1, 1996, Reported at: 1996 U.S. LEXIS 4293.

Prior History: Appeal from a grant of summary judgment in the United States District Court for the Southern District of New York (Leonard B. Sand, Judge) dismissing a complaint that alleged a conspiracy to prevent appellant from playing professional basketball. Because Caldwell's antitrust claims are precluded by the nonstatutory labor exemption to the antitrust laws and his tort claims are preempted by the National Labor Relations Act, we affirm.

CORE TERMS

bargaining, players, teams, basketball, collective bargaining, collective bargaining agreement, antitrust claim, Sherman Act, negotiations, principles, antitrust, employees, unfair labor practice, Relations, exemption, anti trust law, federal court, multiemployer, nonstatutory, remedies, bargaining representative, basketball player, state law claim, suspension, football, expired, merger, season, terms

Civil Procedure, Appeals, Standards of Review, De Novo Review, Summary Judgment, Appellate Review, General Overview, Standards of Review, Labor & Employment Law, Collective Bargaining & Labor Relations, Federal Preemption, Unfair Labor Practices, Administrative Law, Separation of Powers, Primary Jurisdiction, Jurisdiction, Subject Matter Jurisdiction, Jurisdiction, Jurisdiction Over Actions, Exclusive Jurisdiction, Governments, Federal Government, Claims By & Against, Antitrust & Trade Law, Sherman Act, Defenses, Exemptions & Immunities, Labor, Nonstatutory Exemptions, Regulated Practices, Price Fixing & Restraints of Trade, Horizontal Market Allocation, Per Se Rule & Rule of Reason, Business & Corporate Compliance, Labor & Employment Law, Duty to Bargain, Enforcement of Bargaining Agreements, Contracts Law, Negotiable Instruments, Negotiations, Right to Organize, Regulated Industries, Sports, Football, Statutory Exemptions, Impasse Resolution, Bargaining Subjects, Union Violations, Union Refusal to Bargain, Labor Arbitration, Discipline, Layoffs & Terminations, Duty of Fair Representation