Opinions of the United 2005 Decisions States Court of Appeals for the Third Circuit
11-9-2005
Warnock v. Natl Football League Precedential or Non-Precedential: Non-Precedential
Docket No. 05-1530
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Recommended Citation "Warnock v. Natl Football League" (2005). 2005 Decisions. Paper 245.
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IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _______________
No. 05-1530 ________________
ROBERT C. WARNOCK,
Appellant
v.
NATIONAL FOOTBALL LEAGUE; ARIZONA CARDINALS, INC. d/b/a ARIZONA CARDINALS; ATLANTA FALCONS FOOTBALL CLUB LLC d/b/a ATLANTA FALCONS; BALTIMORE RAVENS LIMITED PARTNERSHIP d/b/a BALTIMORE RAVENS; BUFFALO BILLS, INC d/b/a BUFFALO BILLS; CHICAGO BEARS FOOTBALL CLUB INC. d/b/a CHICAGO BEARS; PITTSBURGH STEELERS INC. d/b/a PITTSBURGH STEELERS LLC; CLEVELAND BROWNS LLC d/b/a CLEVELAND BROWNS; DALLAS COWBOYS FOOTBALL CLUB LTD d/b/a DALLAS COWBOYS; DENVER BRONCOS FOOTBALL CLUB d/b/a DENVER BRONCOS; DETROIT LIONS INC. d/b/a DETROIT LIONS; GREEN BAY PACKERS INC. d/b/a GREEN BAY PACKERS; HOUSTON NFL HOLDINGS LP d/b/a HOUSTON TEXANS; INDIANAPOLIS COLTS; JACKSONVILLE JAGUARS LTD. d/b/a JACKSONVILLE JAGUARS; KANSAS CITY CHIEFS FOOTBALL CLUB INC. d/b/a KANSAS CITY CHIEFS; MIAMI DOLPHINS; MINNESOTA VIKINGS FOOTBALL CLUB LLC d/b/a MINNESOTA VIKINGS; NEW ENGLAND PATRIOTS; NEW ORLEANS SAINTS LP d/b/a NEW ORLEANS SAINTS; NEW YORK FOOTBALL GIANTS d/b/a NEW YORK GIANTS; NEW YORK JETS FOOTBALL CLUB INC. d/b/a NEW YORK JETS; OAKLAND RAIDERS LP d/b/a OAKLAND RAIDERS; PANTHERS FOOTBALL LLC d/b/a CAROLINA PANTHERS; PHILADELPHIA EAGLES; PITTSBURGH STEELERS SPORTS, INC. d/b/a PITTSBURGH STEELERS; SAN DIEGO CHARGERS FOOTBALL CO. d/b/a SAN DIEGO CHARGERS; SAN FRANCISCO 49ERS LTD. d/b/a SAN FRANCISCO 49ERS; SEATTLE SEAHAWKS INC. d/b/a SEATTLE SEAHAWKS; ST LOUIS RAMS FOOTBALL CO. d/b/a ST LOUIS RAMS; TAMPA BAY BUCCANEERS; TENNESSEE TITANS LLP d/b/a TENNESSEE TITANS; WASHINGTON FOOTBALL INC. d/b/a WASHINGTON REDSKINS ____________________________________
On Appeal From the United States District Court For the Western District of Pennsylvania (D.C. No. 04-cv-00330) District Judge: Honorable Joy F. Conti _______________________________________
Submitted Under Third Circuit LAR 34.1(a) October 21, 2005 Before: SMITH, BECKER and NYGAARD, Circuit Judges
(Filed: November 9, 2005)
_______________________
OPINION _______________________
BECKER, Circuit Judge.
Robert C. Warnock is a municipal taxpayer, residing in Pittsburgh, Pennsylvania.
He alleges in his complaint that the defendants, the National Football League ("NFL")
and all of its member football clubs, including the Pittsburgh Steelers, violated the
Sherman Antitrust Act, 15 U.S.C.S. §§ 1-2, and the Clayton Act, 15 U.S.C.S. § 15, by
acting in concert to force host cities and counties to build new football stadiums and then
lease those stadiums to the clubs under favorable lease terms. Defendants filed a motion
to dismiss the complaint for lack of standing. The District Court held that Warnock was
essentially bringing derivative claims on behalf of Allegheny County and