Opinion

Partee v. San Diego Chargers Football Co.

  • 34 Cal. 3d 378
  • 194 Cal. Rptr. 367
  • 668 P.2d 674
  • 1983 Cal. LEXIS 223
Court
California Supreme Court
Filed
Aug 29, 1983
Status
Published
Author
Mosk
On the bench
Broussard, Mosk, Reynoso
Cited by
18 cases
Authority
More cited than 11.3%

California Antitrust Cartwright Act not applicable to interstate activities because burden on interstate commerce outweighed state interests

How later courts described this case

  • California Antitrust Cartwright Act not applicable to interstate activities because burden on interstate commerce outweighed state interests
  • state antitrust laws inapplicable to national football league

Written by the judges who cited it.

The opinion

MOSK, J., Concurring.

I have signed the majority opinion, under compulsion of Flood v. Kuhn (1972) 407 U.S. 258 [ 32 L.Ed.2d 728 , 92 S.Ct. 2099 ].

Though keenly aware of the need to vigilantly enforce the Cartwright Act, I cannot accept the unique theory of the dissent that professional baseball and professional football are governed by different law. Though the playing fields are of different configuration, the balls of a different shape, the equipment and uniforms of a varying appearance and the method of scoring inconsistent, both baseball and football are for all practical purposes identical coast to coast sporting ventures seeking a combination of glory and financial reward.

While I might not rhapsodize as effusively about baseball lore as did Justice Blackmun in Flood (supra, pp. 260-264 [32 L.Ed.2d pp. 732-734]), I am bound by the decision in that case and believe despite some dictum (id., p. 283 [ 32 L.Ed.2d at p. 744 ]) that it must be applied equally to professional football. If a great outfielder like Curt Flood is barred by the United States Supreme Court from state antitrust protection, an outstanding gridiron performer like Dennis Partee must suffer the same fate.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.