No. 24-526

Garth Drabinsky v. Actors' Equity Association

Lower Court: Second Circuit
Docketed: 2024-11-08
Status: Denied
Type: Paid
Response Waived
Tags: antitrust-law due-process labor-exemption legitimate-interests rule-12b6 union-immunity
Key Terms:
Arbitration ERISA Antitrust FirstAmendment LaborRelations EmploymentDiscrimina Privacy JusticiabilityDoctri
Latest Conference: 2024-12-06
Question Presented (AI Summary)

Whether the statutory labor exemption provides blanket antitrust immunity to unions through Rule 12(b)(6) dismissal when the union's justification is alleged to be false

Question Presented (OCR Extract)

QUESTION PRESENTED The “statutory labor exemption” to federal antitrust laws immunizes from liability labor organizations that are “lawfully carrying out the[ir] legitimate object[ives].” 15 U.S.C. § 17; see also 29 U.S.C. § 52. But the statutory labor exemption applies only “so long as a union acts in its self-interest.” United States v. Hutcheson, 312 U.S. 219, 229-33 (1941). And it is not enough for a union to merely act in its self-interest; it must, instead, act in its “legitimate interests.” H.A. Artists & Assocs., Inc. v. Actors’ Equity Ass’n, 451 U.S. 704 (1981). The question presented here is: ¢ Does the statutory labor exemption— which requires that unions act pursuant to a legitimate unions with blanket immunity from the antitrust laws such that they can avoid a factual inquiry into their actions, and thereby deprive the plaintiff of both due process and his livelihood in perpetuity, through a Rule 12(b)(6) dismissal, when the justification given by the union for its conduct was pled to be false?

Docket Entries

2024-12-09
Petition DENIED.
2024-11-19
DISTRIBUTED for Conference of 12/6/2024.
2024-11-13
Waiver of Actors' Equity Association of right to respond submitted.
2024-11-13
Waiver of right of respondent Actors' Equity Association to respond filed.
2024-11-06
Petition for a writ of certiorari filed. (Response due December 9, 2024)

Attorneys

Actors' Equity Association
Jeffrey L. KesslerWinston & Strawn LLP, Respondent
Jeffrey L. KesslerWinston & Strawn LLP, Respondent
Garth Drabinsky
Luke Andrew HasskampBona Law PC, Petitioner
Luke Andrew HasskampBona Law PC, Petitioner