Marrese v. American Academy of Orthopaedic Surgeons

Dr. Marrese and Dr. Treister (plaintiffs), Chicago-area orthopedic surgeons denied membership in the American Academy of Orthopaedic Surgeons (defendant) without any stated reason or hearing opportunity, sued the Academy in Illinois state court alleging a violation of the Illinois Constitution's associational rights, without raising any state antitrust claims; the Illinois court dismissed with prejudice for failure to state a claim. After exhausting state appeals, the doctors sued in federal district court alleging federal antitrust violations; the Academy moved to dismiss, arguing the prior state action precluded the new federal suit, but the district court denied the motion. The court of appeals reversed, and the doctors appealed.