Flood V. Kuhn - Trial and Appeal

Trial and Appeal

The Major League Baseball Players Association's team representatives voted unanimously to support Flood. His motion for a preliminary injunction was denied, with Judge Irving Ben Cooper of the Southern District of New York citing the sport's cultural importance in American life: "The game is on higher ground; it behooves every one to keep it there." He allowed Flood an early trial, which took place in May and June of that year.

No active-duty players testified on his behalf, but his witnesses included Jackie Robinson, Hank Greenberg and maverick owner Bill Veeck. Baseball's lawyers argued the clause was essential to maintain the sport.

Cooper ultimately ruled for Major League Baseball, stating that "the preponderance of credible proof does not favor elimination of the reserve clause." Even Flood's witnesses, he noted, had been ambivalent, regarding some version of it as beneficial to the sport.

Flood appealed the case to the Second Circuit, which affirmed Cooper's decision on the basis of Federal Baseball. Judge Leonard P. Moore added that he thought it unlikely the Supreme Court would overturn that decision.