Warren v. Serody
Warren v. Serody, 434 U.S. 801 (1977)
Opinion of the Court
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C. A. 5th Cir. Certiorari dismissed August 30, 1977, under this Court’s Rule 60.
How later courts describe this case
Explanatory parentheticals written by citing courts — 20 in all; the most informative distinct ones are shown.
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(holding Rozelle rule "unreasonable," Inter alia, because it applied not just to better players, but "to every NFL player regardless of his status or ability")
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(concluding without discussion that the rule of reason "would be applicable")
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("federal labor policy is sufficiently implicated to prevail only where the agreement sought to be exempted concerns a mandatory subject of collective bargaining.")
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(permissible to infer that four people aboard small Cessna plane were aware of impending death from fact that pilot radioed plans to ditch at sea)
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(“The prevailing rule in [the Fifth Circuit] is that the award of prejudgment interest in death claims under DOHSA is discretionary with the trial court”)
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(Rozelle Rule, a forerunner of the Plan B right of first refusal and compensation restraints, found to violate § 1 of the Sherman Act)
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("under appropriate circumstances, we find that a non-labor group may avail itself of the [nonstatutory] labor exemption.")
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(“A union’s duty, in representing its members and protecting them from invidious treatment, must certainly be broader then simply refusing to sign overtly discriminatory agreements”)
Cited by 163 cases
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- James McCoy (Yazoo) Smith v. Pro Football, Inc., a Maryland Corporation
- Dale McCourt v. California Sports, Inc., and the Los Angeles Kings, Inc., Dale McCourt v
- McCourt v. California Sports, Inc.
- 27 Fair empl.prac.cas. 913, 27 Empl. Prac. Dec. P 32,328 United States of America v. The City of Miami, Florida v. Fraternal Order of Police, City of Miami Lodge No. 20, Kenneth R. Harrison, President, and the Miami Police Benevolent Association
- McNeil v. National Football League
- Bogan v. Northwestern Mutual Life Insurance
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