The opinion of the court was delivered by: Shadur, District Judge.
Defendant American Academy of Orthopaedic Surgeons
("Academy") has moved to dismiss the Amended Complaint (the
"Complaint") filed by plaintiffs R. Anthony Marrese and
Michael R. Treister (respectively "Dr. Marrese" and "Dr.
Treister"). For the reasons stated in this opinion and order
the Academy's motion is denied.
Plaintiffs' Amended Complaint
Drs. Marrese and Treister are Board-certified practicing
orthopaedic surgeons. They complain of allegedly having been
arbitrarily excluded, by procedures amounting in legal effect
to a group boycott, from membership in the Academy.
Although Academy membership is not a condition to practice
as an orthopaedic surgeon, the Academy is characterized by the
Complaint as "in a word, a monopoly in its field, possessed of
substantial power to control the market for orthopaedic
surgical services, especially by denying access to any of the
various subspecialty organizations of the practice." Appendix
A to this Opinion sets forth Paragraphs 8-12 of the Complaint,
the principal allegations dealing with the claimed
significance of membership or non-membership in the Academy.
Prior Illinois Proceedings
Dr. Treister's complaint was ultimately dismissed with
prejudice for failure to state a cause of action, by a 2-1
decision of the Illinois Appellate Court.*fn1 Dr. Marrese's
separate complaint had been stayed by the Circuit Court of
Cook County pending the Treister appeal. Though the parties
are in dispute as to the final disposition of the Marrese
case, this Court will assume for purposes of this opinion that
it has been or will be similarly dismissed with prejudice.
Memoranda filed by the Parties
Counsel have provided the Court with more than 135 pages of
briefs (sic!). Eighty-five of those pages reflect the
Academy's efforts to set aloft a cluster of barrage balloons
to prevent what it views as plaintiffs' proposed raid on the
fellowship of the Academy.
This Court will not seek to emulate either party in length
of discussion. It will instead deal as briefly as possible
with the effect of the two critical elements that let the air
out of the Academy's balloons:
1. Federal courts have exclusive jurisdiction
over the federal antitrust laws.
2. Dr. Treister's Illinois lawsuit was disposed
of on a motion to dismiss and not after a
hearing on the merits.
Res Judicata and Collateral Estoppel
There can of course be no difference between the parties as
to the essential principles of the doctrine of res judicata
and collateral estoppel. As another Judge of this Court put it
briefly in Batiste v. Furnco ...