NBA Lockout Watch, Day 139: Players File Antitrust Suits In Minnesota, California

The NBPA yesterday hit the league with "separate antitrust complaints in Minnesota and the Northern District of California in an effort to prove that the lockout is illegal," according to Michael Lee of the WASHINGTON POST. The lawsuits seek "summary judgment and treble damages of three times the wages lost because of what the first complaint alleges is 'an illegal group boycott' of players by the owners." Wizards F Caron Butler, Pistons G Ben Gordon, T'Wolves F Anthony Tolliver and T'Wolves draftee F Derrick Williams are the "plaintiffs in the first suit in Minnesota, where NFL players had some initial success in an antitrust case last summer." Thunder F Kevin Durant, Knicks F Carmelo Anthony, Knicks G Chauncey Billups, free agent F Leon Powe and Spurs draftee F Kawhi Leonard are named as plaintiffs "on the second suit in California." Players' counsel David Boies said that cases "generally move more swiftly" in California. Boies added that other lawsuits "could follow and eventually become combined." Boies, who represented the NFL when its players filed an antitrust lawsuit against the league earlier this year, said that he "doesn't intend to pursue a preliminary injunction to lift the lockout since that would delay the case." Lee notes the players and owners "wouldn’t be able to negotiate a collective bargaining agreement, but the lawyers for both sides could reach a settlement." Boies said that a settlement "would be better than a long, drawn-out court battle, which could wipe out more than one season." Boies: "We would hope that it’s not necessary to go to trial and get huge damages to bring them to a point where they are prepared to abide by the law. I think it is in everybody’s interest to resolve this promptly." Boies added that the NBA players "were in a better position to win the case than NFL players were. Boies: “It was the NFL players, not the owners that walked out of the negotiations and filed a lawsuit. Here, the litigation was started by the owners" (WASHINGTON POST,  11/16). But CBSSPORTS.com's Ken Berger noted the NBA "undoubtedly will argue that it was the players who ended bargaining when their union disclaimed, and that the disclaimer is a sham, or a negotiating tactic as opposed to a legitimate dissolution" (CBSSPORTS.com, 11/15).

BREAKING IT DOWN: In L.A., Mike Bresnahan notes in the "best-case scenario, the players' actions would bring the owners scrambling back to the negotiating table even though NBA Commissioner David Stern said there was no chance of that" (L.A. TIMES, 11/16). In N.Y., Howard Beck notes resolution of the lawsuit "could take months or years." The California lawsuit was filed by Boies and attorney Jonathan Schiller, "who were retained by the players on Monday when they disbanded their union." The suit was "filed in collaboration with the NBPA, which continues to operate as a trade association under the leadership" of Exec Dir Billy Hunter. Beck notes both suits "were filed in circuits that are considered to be player-friendly." The NBA "pre-emptively sued the players union in August, in the Southern District of New York, in the Second Circuit, which is viewed as more owner-friendly." More lawsuits "are expected now that the collective bargaining process has collapsed, and the players are no longer protected by a union." A separate faction of players, who "had been pushing for decertification of the union before it disbanded, may pursue its own lawsuit." Another suit could be filed "on behalf of rookies, who could be considered a separate class since they have never had a contract or paid union dues." Boies said that he "hoped for a summary judgment on the damages before the season is canceled." He added Stern's ultimatum "turned out to be a mistake." Boies said, "If you’re in a poker game and you run a bluff and the bluff works, you’re a hero. If somebody calls your bluff, you lose" (N.Y. TIMES, 11/16). Boies added, "I will give the devil their due. They did a terrific job of taking a very hard line and pushing the players to make concession after concession after concession. Greed is not only a terrible thing, it's a dangerous thing. By overplaying their hand, by pushing the players beyond any line of reason, I think they caused this" (CBSSPORTS.com, 11/15).

Boies predicts NBA will eventually want to end litigation and settle

THE NBA REACTS: Boies predicted that at "some point the NBA will realize it does not want this litigation to continue and will try to settle." Boies said, "The judge could set up a mediation. But it takes two to tango. We have to have someone on the other side to negotiate with and not say, 'My way or the highway.' That will stop sometime, I predict. There will come a time when the league faces reality and faces the reality of the exposure they have under the anti-trust laws. I can’t tell you when that’s going to happen. But I tell you it will happen" (N.Y. POST, 11/16). USA TODAY's Jeff Zillgitt notes some player agents "have been unhappy with union leader Billy Hunter, but bringing Boies aboard is perceived as a strong move" (USA TODAY, 11/16). NBA VP/Basketball Communications Tim Frank said yesterday in response to the players' actions, "We haven't seen Mr. Boies' complaint yet but it's a shame that the players have chosen to litigate instead of negotiate" (BOSTON.com, 11/15). The L.A. TIMES' Bresnahan notes the NBA also yesterday "canceled games through Dec. 15, wiping out what would have been the first six weeks of the season." The league "still hasn't canceled its treasured Dec. 25 slate of games, though it doesn't look promising" (L.A. TIMES, 11/16).