Saturday, November 9, 2013

Weinberg v. Chicago Blackhawk Hockey Team case brief

Weinberg v. Chicago Blackhawk Hockey Team case brief summary
653 N.E.2d 1322 (1995)

CASE SYNOPSIS
Plaintiffs appealed judgment of the Circuit Court of Cook County (Illinois) in which the court granted defendant's motion to dismiss for plaintiffs' failure to state a claim under the Illinois Antitrust Act, 740 Ill. Comp. Stat. 10/3.

CASE FACTS
Plaintiffs brought an action against defendant for violations of the Illinois Antitrust Act (Act),740 Ill. Comp. Stat. 10/3. Defendant filed a motion for failing to state a claim and the trial court dismissed the complaint. Plaintiffs appealed. The issue on appeal was whether the court properly dismissed the allegations in plaintiffs' complaint relating to defendant's refusal to grant plaintiffs media credentials and press access to defendant's hockey practices, press conferences and post-game interviews.

DISCUSSION
  • The court reversed and remanded. 
  • The appellate court determined the trial court dismissed the complaint because it concluded plaintiffs did not sufficiently allege that defendant's course of conduct had an anti-competitive effect. 
  • However, the appellate court concluded plaintiffs' complaint gave a reasonable inference that defendant's conduct had an anti-competitive effect. 
  • The complaint alleged that plaintiffs were excluded from media access while others were not. 
  • Defendant's denial of media access made plaintiffs less competitive.


CONCLUSION
The court reversed and remanded the lower court's decision because it held that plaintiffs' complaint adequately contained allegations of fact and supported a finding of the necessary elements of the Illinois Antitrust Act.



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