DRABINSKY v. ACTORS' EQUITY ASSOCIATION

Docket No. 23-795-cv August Term, 2023.

106 F.4th 206 (2024)

Garth DRABINSKY, Plaintiff-Appellant, v. ACTORS' EQUITY ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 2, 2024.


Attorney(s) appearing for the Case

Luke Hasskamp, Bona Law PC (Jarod Bona, Bona Law PC, La Jolla, CA; Molly Donovan, Bona Law PC, New York, NY; Aaron Gott, Bona Law PC, Minneapolis, MN; Richard Alan Roth, The Roth Law Firm, PLLC, New York, NY; Joshua D. Wright, Lodestar Law & Economics, PLLC, McLean, VA, on the brief), La Jolla, CA, for Plaintiff-Appellant.

Jeffrey L. Kessler, Winston & Strawn LLP (David L. Greenspan, Winston & Strawn LLP, New York, NY; Evan Hudson-Plush, Cohen, Weiss and Simon LLP, New York, NY, on the brief), New York, NY, for Defendant-Appellee.

Andrew Lyubarsky, Matthew Ginsburg, American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), Washington, DC, for Amicus Curiae AFL-CIO in support of Defendant-Appellee.

Before: SACK, LOHIER, and KAHN, Circuit Judges.


The Sherman Antitrust Act of 1890 prohibits contracts, combinations, and conspiracies "in restraint of trade," as well as monopolies over trade. 15 U.S.C. §§ 1, 2. In the years following the Act's passage, the Supreme Court repeatedly enjoined union activity as an unlawful restraint of trade. See, e.g., Loewe...

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