University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Moran v. Selig EE-CA-0338
Docket / Court 2:03-cv-07424 ( C.D. Cal. )
State/Territory California
Case Type(s) Equal Employment
Special Collection Private Employment Class Actions
Case Summary
On October 16, 2003, several Caucasian former Major League Baseball ("MLB") players filed a lawsuit based on Title VII, § 1981, § 1985, battery and negligence against MLB commissioner and all existing MLB teams in the U.S. District Court for the Central District of California, Western Division. ... read more >
On October 16, 2003, several Caucasian former Major League Baseball ("MLB") players filed a lawsuit based on Title VII, § 1981, § 1985, battery and negligence against MLB commissioner and all existing MLB teams in the U.S. District Court for the Central District of California, Western Division. The plaintiffs, represented by private counsel, alleged that MLB had violated Title VII by excluding them from medical and supplemental income plans devised by MLB for former Negro League players, and committed battery by subjecting them to a dangerous regimen of cortisone shots and other drugs without their informed consent.

In response to the plaintiffs' complaint, the defendants filed a motion to dismiss and/or for summary judgment on January 30, 2004. On March 15, the district court (Judge Manuel L. Real) held a hearing on the motion. At the hearing, the plaintiffs withdrew their negligence, § 1981, and § 1985 claims. After hearing arguments on the remaining Title VII and battery claims, the district court granted defendants' motion for summary judgment.

The plaintiffs appealed, but on May 9, 2006, the 9th Circuit (Judge Reinhardt) affirmed the district court's decision, holding that the plaintiffs had failed to establish a prima facie case of discrimination, because the income plans did not constitute an adverse employment action and Caucasian players and African-American players were not similarly situated.

Kunyi Zhang - 07/06/2010


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Issues and Causes of Action
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Issues
Discrimination-area
Pay / Benefits
Discrimination-basis
Race discrimination
EEOC-centric
Direct Suit on Merits
General
Disparate Treatment
Plaintiff Type
Private Plaintiff
Race
White
Causes of Action Title VII (including PDA), 42 U.S.C. § 2000e
Defendant(s) Allan H Selig
Anaheim Angels LP
Arizona Diamondbacks Baseball Club
Atlanta Braves Inc
Baltimore Orioles Inc
Boston Red Sox Baseball Club
Chicago Cubs Inc
Chicago White Sox Baseball Club
Cincinnati Reds Baseball Club
Cleveland Indians Baseball Company Inc
Colorado Rockies Baseball Club
Detroit Tigers Inc
Does
Florida Marlins Baseball Club
Houston Astros Baseball Club
Kansas City Royals Baseball Corporation
Los Angeles Dodgers, Inc
Milwaukee Brewers Baseball Club Inc
Minnesota Twins Baseball Club
Montreal Expos Baseball Club
New York Mets Baseball Club
New York Yankees Baseball Club
Oakland Athletics Limited Partnership
Pittsburgh Pirates Inc
San Diego Padres Baseball Club
San Francisco Giants Enterprises LLC
Seattle Mariners Baseball Club
St Louis Cardinals Baseball Club
Tampa Bay Devil Rays Baseball Club
Texas Rangers Baseball Club
The Phillies
Toronto Blue Jays Baseball Club
Plaintiff Description Plaintiffs were Caucasian former Major League Baseball ("MLB") players who played in the Major Leagues for less than four years between 1947 and 1979 and were accordingly denied MLB pension and medical benefits.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Megacases, Diversity, and the Elusive Goal of Workplace Reform
Written: Mar. 01, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
By: Susan Sturm (Columbia Law School)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
2:03-cv-07424 (C.D. Cal.) 09/22/2006
EE-CA-0338-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Defendant's Statement of Uncontroverted Facts and Conclusions of Law in Support of Motion to Dismiss the Complaint and/or Summary Judgment Pursuant to Local Rule 56-1 03/15/2004 (C.D. Cal.)
EE-CA-0338-0001 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Defendants' Motion for Summary Judgment 03/15/2004 (C.D. Cal.)
EE-CA-0338-0002 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Opinion (9th Circuit) 05/09/2006 (447 F.3d 748)
EE-CA-0338-0003 PDF | WESTLAW| LEXIS | Detail
Document Source: U.S. Court of Appeals website
Judges Real, Manuel Lawrence (C.D. Cal.)
EE-CA-0338-0002 | EE-CA-0338-9000
Reinhardt, Stephen Roy (Ninth Circuit)
EE-CA-0338-0003
Turchin, Carolyn (C.D. Cal.) [Magistrate]
EE-CA-0338-9000
Monitors/Masters None on record
Plaintiff's Lawyers DaCorsi, John R. (California)
EE-CA-0338-9000
Rumsey, Jason L (California)
EE-CA-0338-9000
Defendant's Lawyers Ganz, Howard L. (New York)
EE-CA-0338-0001 | EE-CA-0338-9000
Marmaro, Richard (California)
EE-CA-0338-0001 | EE-CA-0338-9000
Rappaport, Lary Alan (California)
EE-CA-0338-0001 | EE-CA-0338-0002 | EE-CA-0338-9000
Regan, Amy B. (New York)
EE-CA-0338-0001 | EE-CA-0338-9000
Other Lawyers None on record

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