Sports Law, Flood V Kuhn

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Flood v. Kuhn 407 U.S. 258, 92 S. Ct. 2099, 32 L.Ed2d 728 (1972) U.S. LEXIS 138 Court: Supreme Court of the United States, opinion by Associate Justice Harry Blackmun, Jr. joined by Associate Justices William Rehnquist and Potter Steward. Concurrence by Chief Justice Warren E. Burger and Associate Justice Byron White. Dissent opinions was by Associate Justice William O. Douglas joined by William F. Brennan, Jr. and Associate Justices Thurgood Marshall joined by William F. Brennan, Jr. In addition, Associate Justice Lewis F. Powell, Jr. took no part in the consideration or decision of the case Case was argued on March 20, 1972 and decided on June 19, 1972. Judicial History: The plaintiff Curtis Charles Flood complained to the Commissioner of Baseball, and his request of relief was denied. The trial judge held that the precedence set by Federal Baseball Club v. National League, 259 U.S. 200 (1922) as well as Toolson v. New York Yankees, 346 U.S. 356 1953), were controlling. The appellate court were “compelled to affirm” by said precedent. Flood appealed to the Federal Supreme Court. Facts: The Plaintiff, Curtis Charles Flood played in the major baseball leagues since 1956 and during and before this time player movement was restricted by the reserve system that was in place. The reserve system allows a team to retain the rights of a player indefinitely once the team has acquired the player in question rights through free agent signing or trade. In 1969, Curtis Charles Flood a twelve year veteran of the St. Louis Cardinals was traded to Philadelphia without his consent and he was not consulted in the trade under the reserve clause, established in 1922, binding him to a team. Mr. Flood requested to be made a free agent as he wanted to make his own bargaining agreement or arrangements with the team of his choosing. The plaintiff Flood was denied

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