Toscano

Toscano v. Professional Golfers' Ass'n

Good Law
258 F.3d 978
United States Court of Appeals for the Ninth CircuitAugust 2, 2001No. 00-15101California2,918 words

Opinion

Lead Opinion

Thompson, J.

Plaintiff Harry Toscano, a professional golfer, appeals the district court’s summary judgment in favor of the sponsors of Senior PGA Tour golf tournaments, on his claim under section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1 (1994). Toscano alleges that the defendants entered into a contract, combination, or conspiracy to unreasonably restrain trade in professional golf and among professional golfers by agreeing to sponsor golf tournaments in accordance with PGA Tour rules and regulations.

The sponsor defendants sought summary judgment solely on the basis that there was no actionable section 1 agreement among any of the defendants. The district court agreed. It ruled that there *981 was no direct evidence of such an agreement, and Toscano’s circumstantial evidence failed to meet the summary judgment requirements of Matsushita Elec. Indus. Co. v. Zenith Radio Carp., 475 U.S. 574, 588 , 106 S.Ct. 1348 , 89 L.Ed.2d 538 (1986). We have jurisdiction under 28 U.S.C. § 1291 (1994) and we affirm.

I

The Senior PGA Tour was organized to showcase senior golfers who had previously been successful on the regular PGA Tour. It adopted player eligibility criteria emphasizing both current…

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