No. 25-199

Daniel Concepcion, et al. v. Office of the Commissioner of Baseball, dba MLB, et al.

Lower Court: First Circuit
Docketed: 2025-08-19
Status: Denied
Type: Paid
Amici (2)Response WaivedRelisted (2)
Tags: antitrust-exemption baseball-litigation constitutional-challenge equal-protection sherman-act supreme-court-precedent
Key Terms:
Arbitration Antitrust DueProcess FifthAmendment CriminalProcedure WageAndHour LaborRelations ClassAction JusticiabilityDoctri
Latest Conference: 2025-12-05 (distributed 2 times)
Question Presented (AI Summary)

Whether the Supreme Court's precedent in Federal Baseball Club should be reversed and whether the Curt Flood Act is unconstitutional under the Equal Protection Clause

Question Presented (OCR Extract)

1. WHETHER THIS COURT’S DECISION IN FEDERAL BASEBALL CLUB OF BALTIMORE V. NATIONAL LEAGUE OF PROFESSIONAL BASE BALL CLUBS , 259 U.S. 200 (1922) AND ITS PROGENY SHOULD BE REVERSED? 2. WHETHER THE CURT FLOOD ACT, 15 U.S.C. § 26b IS UNCONSTITUTIONAL ON ITS FACE AND/OR AS APPLIED IN VIOLATION OF THE EQUAL PROTECTION CLAUSE BY PURPORTEDLY DENYING EQUAL PROTECTION AGAINST ANTITRUST VIOLATIONS OF THE SHERMAN ACT TO MINOR LEAGUE BASEBALL PLAYERS BUT AFFORDING THOSE ANTITRUST PROTECTIONS TO MAJOR LEAGUE BASEBALL PLAYERS? 3. WHETHER A PARTY WHO FAILS TO “OBJECT” PURSUANT TO 28 U.S.C. § 636, TO A MAGISTRATE’S REPORT AND RECOMMENDATION (“R & R”)—WHICH IS BASED SOLELY ON THIS COURT’S PRECEDENT, AND WHICH CAN ONLY BE REVERSED BY THIS COURT—WAIVES IT’S RIGHT TO SEEK REIVEW OF THAT DECISION BY THIS COURT?

Docket Entries

2025-12-08
Rehearing DENIED.
2025-11-12
DISTRIBUTED for Conference of 12/5/2025.
2025-10-31
Petition of Daniel Concepcion, Aldemar Burgos, and Sidney Duprey Conde, Individually and on behalf of all those Similarly Situated for rehearing submitted.
2025-10-31
2025-10-06
Petition DENIED.
2025-09-25
Application to Extend Time for Distribution of Petition of Daniel Concepcion, Aldemar Burgos, and Sidney Duprey Conde, Individually and on behalf of all those Similarly Situated submitted.
2025-09-25
Supplemental Brief of Daniel Concepcion, Aldemar Burgos, and Sidney Duprey Conde, Individually and on behalf of all those Similarly Situated submitted.
2025-09-25
Supplemental brief of petitioners Daniel Concepcion, et al. filed. (Distributed)
2025-09-18
Brief amici curiae of Cangrejeros de Santurce Baseball Club LLC; et al. filed. (Distributed)
2025-09-18
Brief amici curiae of Cangrejeros de Santurce Baseball Club LLC, et al. filed. (Distributed)
2025-09-10
DISTRIBUTED for Conference of 9/29/2025.
2025-09-03
Waiver of Office of the Comm'r of Baseball, et al. of right to respond submitted.
2025-09-03
Waiver of right of respondent Office of the Comm'r of Baseball, et al. to respond filed.
2025-08-15
Petition for a writ of certiorari filed. (Response due September 18, 2025)

Attorneys

Cangrejeros de Santurce Baseball Club LLC; Santurce Merchandising LLC; Thomas J. Axon
Jeffrey L. KesslerWinston & Strawn LLP, Amicus
Daniel Concepcion, Aldemar Burgos, and Sidney Duprey Conde, Individually and on behalf of all those Similarly Situated
Samuel KornhauserLaw Offices of Samuel Kornhauser, Petitioner
Office of the Comm'r of Baseball, et al.
Robert Adam LauridsenKeker, Van Nest & Peters LLP, Respondent