The Forgotten Employees and Their Fight for Wage and Working Condition Equality: Could the Minor Leaguers’ Lawsuit Pierce Through Baseball’s Historic Antitrust Exemption?
Posted by Social Science Research Network
The Forgotten Employees and Their Fight for Wage and Working Condition Equality: Could the Minor Leaguers’ Lawsuit Pierce Through Baseball’s Historic Antitrust Exemption? – John Justin Leppler University of Baltimore – School of Law
ABSTRACT: This article analyzes key legal issues in Senne and contends MLB’s historic antitrust exemption will likely toss this lawsuit swiftly through a summary judgment motion.
Part I will provide additional facts regards to the circumstances in which Senne arose. It will give an overview of the three U.S. Supreme Court cases known as the “baseball trilogy” and subsequent cases decided by different United States Circuits — leaving the scope of baseball’s exemption uncertain.
Part II will discuss Congress’ sole attempt at defining the scope of baseball’s exemption with the enactment of the Curt Flood Act of 1998. With the seeming hope of defining and limiting the exemption in scope, this article demonstrates the Curt Flood Act of 1998 failed to define the exemptions scope and arguably made it broader and stronger rather than limited and weaker. The Act may give MLB substantial leverage in future court proceedings to argue the antitrust exemption now covers everything attenuated with the “business of baseball.”
Part IV will provide possible solutions for minor leaguers following a likely dismissal of Senne. This section contends either minor leaguers filing an unfair labor practice against MLB, arguing for Congressional intervention, or seeking unionization are all plausible ways minor leaguers may seek better wages and overtime pay for their services.
This article concludes stating Senne v. MLB will likely be thrown out but that does not bar minor leaguers from seeking alternative options in combating their low pay and alleged deplorable working conditions.
Featured News
Google and South Carolina Clash Over State Records Demand
May 8, 2024 by
CPI
Telefonica Germany Teams Up with Amazon Web Services to Migrate 5G Customers
May 8, 2024 by
CPI
Federal Judge Grants $7.4 Million Settlement in Pork Price-Fixing Case
May 8, 2024 by
CPI
Wilson Sonsini Bolsters Antitrust and Competition Practice with Key Partner Returns
May 8, 2024 by
CPI
EU to Scrutinize Telecom Italia’s Network Sale to KKR
May 8, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Economics of Criminal Antitrust
Apr 19, 2024 by
CPI
Navigating Economic Expert Work in Criminal Antitrust Litigation
Apr 19, 2024 by
CPI
The Increased Importance of Economics in Cartel Cases
Apr 19, 2024 by
CPI
A Law and Economics Analysis of the Antitrust Treatment of Physician Collective Price Agreements
Apr 19, 2024 by
CPI
Information Exchange In Criminal Antitrust Cases: How Economic Testimony Can Tip The Scales
Apr 19, 2024 by
CPI