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PLAYERS LAWYER-UP AFTER REJECTING NBA’S OFFER
Sun, 20 Nov 2011 09:13 PM EST

The NBA officially notified teams Tuesday that it has canceled games thru Dec. Fifteen, wiping out a total of 324 games or 26 percent of the season as the lockout lingers into its 138th day. Betting lines

The buzzcame only hours before the locked-out NBA players, including stars Carmelo Anthony and Kevin Durant, filed class-action antitrust legal actions against the NBAon Tues. in at least two states, moving pro basketball’s work altercation from the negotiating table to Fed. court. Sports scores

Solicitor David Boies, who represented the NFL during that sport’s work stoppage and now has been brought on board by basketball’s players, said the NBA lockout violates antitrust laws by refusing to allow players to work.

Boies also said commissioner David Stern’s final warning to the now-disbanded union to accept the owners ‘ last economic model or face a harsher offer “turned out to be a mistake” that braces the players ‘ case because it proves the collective bargaining process had ended.

“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. “They did a terrific job of taking a particularly hard line and pushing the players to make concession after concession after concession, but gluttony isn’t just a terrible thing — it’s a deadly thing.”

Dangerous enough to cost the league uncountable billions of dollars in damages if NBA players win. I suspect the owners overplayed their hand,” Boies said at the NBA players ‘ organisation headquarters.

“We haven’t seen Mr. Boies complaint yet but it’s a shame that the NBA players have selected to litigate rather than negotiate,” NBA spokesman Tim Frank said in a press release. “They warned us from the early days of these negotiations that they might sue us if we did not satisfy them at the bargaining table, and they have followed thru on their threats.”

While bearing that in mind Boise said he hopes it won’t be necessary to go to trial. That case has been allotted for now to U.S.

Anthony and Chauncey Billups of the Knicks, NBA scoring leader Durant, newbie Kawhi Leonard and Grizzlies forward Leon Powe were listed as plaintiffs in the complaint that was filed in the Northern District of California against the NBA and the owners of its 30 groups. Magistrate Judge Donna M. Ryu in Oakland, Calif.

[The plaintiffs] argue in the Minnesota filing the lockout “constitutes an illegal group boycott, price-fixing agreement, and / or restraint of trade in contravention of the Sherman Act” and that the owners ‘ last offer for a new CBA would have “wiped out the highly competitive market for most NBA players.”

“Nobody can tell you how long it should take.

Timberwolves forward Anthony Tolliver, Pistons guard Ben Gordon, free agent forward Caron Butler and Derrick Williams — the 2nd overall draft pick by Minnesota in June who has yet to sign a greenhorn contract due to the lockout — were listed as plaintiffs in a lawsuit filed against the league and owners in Minneapolis, where NFL players had some level of success in a similar courtroom proceeding this summer. “The longer it is going on, the larger the damages the teams will face, the bigger the damages the players will suffer, and perhaps most vital of all, the longer basketball fans will be deprived of basketball. We all know it’s feasible to delay lawsuits for a while, but I suspect it is in everybody’s interest to try and resolve this fast,” Boies claimed.

Boies claimed that NFL players walked out on the negotiating process prior to it being technically over and brought legal action. So we hope that this will move quickly.”

He revealed he believes NBA players have a more robust case than NFL players did.

“Here you had a ultimatum from the owners that made positively clear the collective bargaining process was over,” he said, adding that Stern’s threat is quoted in the suit. He claimed NBA players had run right out of options beyond looking for legal relief. “That’s not collective bargaining, and so you have a very distinct set of facts here.”

The NBA already has filed a pre-emptive legal action in NY seeking to demonstrate the lockout is legal and likely would push for cases to be moved there to advance the legal home court.

The Minnesota district court has been favorable to the NFLPA during legal action dating to the 1980s. The federal court in San Francisco is under the jurisdiction of the 9th U.S. Sixteen of the 25 active judges were appointed by Democratic presidents, and the U.S. Circuit Court of Appeals, considered the most liberal of the 13 circuit courts. Supreme court reversed the 9th Circuit’s Stephen Reinhardt 3 times in just the last term. District Judge Susan Richard Nelson in Minneapolis issued a preliminary injunction ending NFL lockout on April 25, but her call was overturned by the more conservative 8th U.S.

U.S. Circuit Court of Appeals in St. Louis. The ideal scenario, he said, will be to bring them all together in the Northern District of California.

Boies related there could be other, similar cases to those filed for NBA NBA players in California and Minnesota.

The litigants represent various sorts of players influenced by lockout — those under contract, free agents and beginners.

They disagree in the Minnesota filing the lockout “constitutes an illegal group boycott, price-fixing agreement, and / or restraint of trade in contravention of the Sherman Act” and therefore the owners ‘ last offer for a new CBA would have “wiped out the extremely competitive market for most NBA NBA players.”

Boies expounded NBA players won’t seek a preliminary injunction to lift the lockout. As the lockout “arguably grew out of prior collective negotiating discussions,” Boies claimed he believes it’d be terribly hard to get a court to instantly halt the lockout and such a trail would delay the case.

Tues. was the day NBA players were to have received their first paychecks of the 2011-12 season. According to CNBC, the average NBA player lost $220,000 on account of the stand-off with the owners. The NBA’s only previous work blockage to bleed into the regular season reduced the 1998-99 season to 50 games.


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