Postema v. National League of Professional Baseball Clubs, s. 941
| Decision Date | 25 June 1993 |
| Docket Number | D,942,Nos. 941,943,s. 941 |
| Citation | 998 F.2d 60 |
| Parties | 63 Fair Empl.Prac.Cas. (BNA) 99, 62 Empl. Prac. Dec. P 42,525 Pamela A. POSTEMA, Plaintiff-Appellee, v. NATIONAL LEAGUE OF PROFESSIONAL BASEBALL CLUBS; American League of Professional Baseball Clubs; Triple-A Alliance of Professional Baseball Clubs and Baseball Office for Umpire Development, Defendants-Appellants. ockets 92-9150; 92-9152; 92-9154. |
| Court | U.S. Court of Appeals — Second Circuit |
Daniel R. Shulman, Minneapolis, MN (Gray, Plant, Mooty, Mooty & Bennett, P.A., Phillip Gainsley, Moss & Barnett, Minneapolis, MN, of counsel), for plaintiff-appellee.
Howard C. Hay, New York City (Cheryl R. Saban, Paul, Hastings, Janofsky & Walker, New York City, of counsel), for defendant-appellant Baseball Office for Umpire Development.
Robert J. Kheel, New York City (Willkie Farr & Gallagher, New York City), for defendant-appellant National League of Professional Baseball Clubs.
William M. Brodsky, New York City (Baden, Kramer, Huffman, Brodsky & Co., P.C., New York City, Lee T. Ellis, Baker & Hostetler, Washington, DC, of counsel), for defendant-appellant American League of Professional Baseball Clubs.
Raymond L. Vandenberg, New York City (Frank A. Ray, Columbus, OH, of counsel), for defendant-appellant Triple-A Alliance of Professional Baseball Clubs.
Before: WALKER, McLAUGHLIN, Circuit Judges, and BRIEANT, District Judge. *
This is an interlocutory appeal from an order entered by the United States District Court for the Southern District of New York (Patterson, J. ), 799 F.Supp. 1475, holding that provisions of the Civil Rights Act of 1991, Pub.L. 102-166, 105 Stat. 1071 (the "1991 Act"), granting certain plaintiffs asserting claims under the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. the right to request trials by jury and to seek compensatory and punitive damages, see 42 U.S.C. § 1981a, apply to claims arising before the effective date of the 1991 Act.
Plaintiff-appellee Pamela A. Postema filed her complaint against defendants-appellants National League of Professional Baseball Clubs, American League of Professional Baseball Clubs, Triple-A Alliance of Professional Baseball Clubs, and Baseball Office for Umpire Development on December 19, 1991, approximately one month after the 1991 Act was signed into law. However, Postema's claims arose more than two years before the effective date of the 1991 Act. The defendants moved, inter alia, to strike Postema's jury trial demand and claims for compensatory and punitive damages, arguing that the 1991 Act's jury trial and damages provisions were not retroactive. The district court ruled in favor of Postema, holding that the jury trial and damages provisions were retroactive. Judge Patterson then certified his order for appeal, pursuant to 28 U.S.C. § 1292(b), and we granted the defendants' petition for interlocutory review.
In Wisdom v. Intrepid Sea-Air Space Museum, 993 F.2d 5 (2d Cir.1993) (per curiam), which ruled upon an order certified for interlocutory appeal by Judge Patterson at the same...
To continue reading
Request your trial
-
McIntosh v. Irving Trust Co.
...jury trial and he is not entitled to compensatory damages or punitive damages under Title VII. See Postema v. National League of Professional Baseball Clubs, 998 F.2d 60, 61-62 (2d Cir.1993) (jury trial and damages provisions of the 1991 Act are not retroactive); Carrero v. New York City Ho......
-
Piazza v. Major League Baseball
...Baseball Clubs, 799 F.Supp. 1475, 1488 (S.D.N.Y.1992) (quoting Flood, 407 U.S. at 282, 92 S.Ct. at 2112), rev'd on other grounds, 998 F.2d 60 (2d Cir.1993);26 Henderson, 541 F.Supp. at 268-69, 271 (Federal Baseball exemption not applicable to market for broadcast of baseball games). There s......
-
Gerzog v. London Fog Corp.
...employee, Postema v. National League of Professional Baseball Clubs, 799 F.Supp. 1475, 1482 (S.D.N.Y.1992), rev'd on other grounds, 998 F.2d 60 (2d Cir.1993) (addressing Title VII claims). An employee may have more than one employer under the New York State Executive Law and the New York Ci......
-
Evans v. State of Conn., CV B-90-027(CBM).
...to Title VII contained in the Civil Rights Act of 1991 since the amendments are not retroactive. Id.; Postema v. National League of Professional Baseball Clubs, 998 F.2d 60 (2d Cir.1993) (Civil Rights Act of 1991 section conferring right to trial by jury and allowing recovery of compensator......
-
Table of Cases
...468 (1st Dept 1999), §31:13 Postema v. National League of Professional Baseball Clubs, 799 FSupp 1475 (SD NY 1992), rev’d on other grounds, 998 F2d 60 (2d Cir 1993), §36:100 Postiglione v. Castro, 119 AD3d 920 (2d Dept 2014), §3:192 Postlewaite v. McGraw-Hill , 333 F3d 42 (2d Cir 2003), §15......
-
Preemption and Commerce Clause Issues
...exemption does not preclude assertion by umpire of restraint of trade claims arising under state common law), rev’d on other grounds , 998 F.2d 60 (2d Cir. 1993); In re Lower Lake Erie Iron Ore Antitrust Litig., 759 F. Supp. 219, 231 (E.D. Pa. 1991) (refusing to apply preemption to bar appl......
-
Redeeming the Supreme Court: the Structure Behind the Baseball Trilogy and the Scope of the Baseball Antitrust Exemption
...269.578. Id. at 271 n.9.579. Postema v. Nat'l League of Prof'l Baseball Clubs, 799 F. Supp. 1475 (S.D.N.Y. 1992), rev d on other grounds, 998 F.2d 60 (1993).580. Id. at 1477.581. Id. at 1488 (citing Flood v. Kuhn, 407 U.S. 258, 283-84 (1972)).582. Id. (citing California v. ARC America Corp.......
-
Preemption and Commerce Clause Issues
...exemption does not preclude assertion by umpire of restraint of trade claims arising under state common law), rev’d on other grounds , 998 F.2d 60 (2d Cir. 1993); In re Lower Lake Erie Iron Ore Antitrust Litig., 759 F. Supp. 219, 231 (E.D. Pa. 1991) (refusing to apply preemption to bar appl......