Loewe v. Lawlor

Loewe v. Lawlor
Argued December 4–5, 1907
Decided February 3, 1908
Full case nameDeitrich Loewe et al. v. Martin Lawlor et al.
Citations208 U.S. 274 (more)
28 S. Ct. 301; 52 L. Ed. 488; 1908 U.S. LEXIS 1769
Case history
PriorCertiorari to the Circuit Court of Appeals for the Second Circuit
Holding
The Sherman Antitrust Act prohibits any combination whatever to secure action which essentially obstructs the free flow of commerce between the states, or restricts the liberty of a trader to engage in business.
Court membership
Chief Justice
Melville Fuller
Associate Justices
John M. Harlan · David J. Brewer
Edward D. White · Rufus W. Peckham
Joseph McKenna · Oliver W. Holmes Jr.
William R. Day · William H. Moody
Case opinion
MajorityFuller, joined by unanimous
Laws applied
Sherman Antitrust Act

Loewe v. Lawlor, 208 U.S. 274 (1908), also referred to as the Danbury Hatters' Case, is a United States Supreme Court case in United States labor law concerning the application of antitrust laws to labor unions.[1] The Court's decision effectively outlawed the secondary boycott as a violation of the Sherman Antitrust Act, despite union arguments that their actions affected only intrastate commerce.[2] It was also decided that individual unionists could be held personally liable for damages incurred by the activities of their union.[3]

  1. ^ Loewe v. Lawlor, 208 U.S. 274 (1908). Public domain This article incorporates public domain material from this U.S government document.
  2. ^ Carter, Saalim A. Labor Unions and Antitrust Legislation: Judicial Activism vs. Judicial Restraint from 1890-1941. Penn State University, 2006. p. 28.
  3. ^ Carter, p. 30.

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