Civil Procedure Keyed to Cound
Marrese v. American Academy of Orthopaedic Surgeons
The Plaintiffs sued in state court alleging they were refused membership to the Defendant’s organization without a hearing. The state court dismissed the complaint finding that membership in the Academy was not an “economic necessity,” and therefore no valid state law claim was made. Plaintiffs then sued in federal court stating violations of antitrust laws. During the course of discovery, Plaintiffs demanded production by Defendant of correspondence and other documents relating to denials of membership from 1970-1980. The federal district court ordered Defendant to produce the documents pursuant to an order protecting their confidentiality. Defendant refused to comply with the order and was held in criminal contempt and fined $10,000. Defendant appealed.
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