Judge Irving Cooper upholds baseball’s reserve clause in turning back the lawsuit filed by Curt Flood

On August 12, 1970, Judge Irving Ben Cooper rules against Curt Flood in his antitrust suit. the former All-Star outfielder had objected to being traded to the Philadelphia Phillies without his consent.

Cooper says “Decisions of the Supreme Court are not lightly overruled… We find no general or widespread disregard of the extremely important position the player occupies… Clearly the preponderance of credible proof does not favor the elimination of the reserve clause.” However, the judge says changes in the reserve clause should be made through negotiation, but denies Flood damages. Flood will appeal the decision to the Supreme Court, but in vain.

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