since lawsuits featuring multiple parties are captioned using the party on either side whose name comes first alphabetically, the lawsuit against the NBA is ironically: Anthony, Carmelo, et. al. vs. National Basketball Association

Players File Antitrust Suit Against Owners In Northern District Of California
Nov 15, 2011 6:47 PM EST

David Boies, who joined the players in a legal claim against the owners, said they have filed an antitrust complaint in Northern District of California.

The district has a history of moving cases quickly.

Boies says the case is based on a boycott of NBA teams, which is a per se violation of antitrust laws. The only question is to whether the NBA has a labor exemption.

Amongst the plaintiffs in the lawsuit are Carmelo Anthony, Chauncey Billups, Kevin Durant, Leon Powe and Kawhi Leonard.

The ultimatum offer from David Stern is quoted in the complaint.

"That's not collective bargaining," said Boies.

Boies said that it is possible to get summary judgement before the season is canceled, but their goal is to resolve it out of court. Settlement negotiations can occur at any time and "might be a pathway by which an agreement could be reached," said Boies.

Boies was asked if Stern made a mistake.

"It turned out to be a mistake. Was it a mistake to do it? ... If you're in a poker game and you bluff, and the bluff works, you're a hero. If somebody calls your bluff, you lose."

Via Ken Berger/CBS Sports (via Twitter)

Good luck, morons.

eViL wrote:the reason i believe the players have gained leverage is because there is no legal precedent for a case like this. so even if we favor the owners 60/40, would you roll the dice, as an owner, knowing that if you lose, you are facing almost $3 billion in damages? wouldn't you feel inclined to settle? perhaps give in on some of the system issues that are apparently holding the season up.

“With David Stern saying don’t look for another offer because you’re not going to get one, that’s not collective bargaining, and there’s some distinct facts here,” Boies said. “I think it turned out to be a mistake. If you are in a poker game and you’re going to bluff, and the bluff works, you’re a hero. If somebody calls your bluff, you lose. I think the owners have overplayed their hand.

“I will give the devil their due. They did a terrific job of holding a hard line and making the players make concession after concession after concession,” Boies said. “Greed is not only a terrible thing but a dangerous thing, and they are overplaying their hand by pushing the players beyond any line of reasonableness.”

CrushAlot wrote:Boies isn't playing.

"If you've got somebody on the other side who is saying, 'It's my way or the highway, it's take it or leave it, this is our last and final offer and you will not see negotiation,' you can't resolve this," Boies said. "That, I will predict, that will stop, OK? There will come a time when the league faces the reality of the exposure that they face under the antitrust laws, the exposure that they face because of fan dissatisfaction with their unilateral lockout, the exposure they face by having other people in the business of professional basketball. And they will believe it is in their best interests to resolve this case.

"I can't tell you when that will happen," Boies said. "But I will tell you that it will happen, because those forces are too strong for anybody to resist indefinitely."

http://ken-berger.blogs.cbssports.com/mcc/blogs/entry/11838893/33333992?source=rss_blogs_NBA

This guy sucks at tough talk. He should leave that to Stern.

CrushAlot wrote:

Childs2Dudley wrote:

CrushAlot wrote:Boies isn't playing.

"If you've got somebody on the other side who is saying, 'It's my way or the highway, it's take it or leave it, this is our last and final offer and you will not see negotiation,' you can't resolve this," Boies said. "That, I will predict, that will stop, OK? There will come a time when the league faces the reality of the exposure that they face under the antitrust laws, the exposure that they face because of fan dissatisfaction with their unilateral lockout, the exposure they face by having other people in the business of professional basketball. And they will believe it is in their best interests to resolve this case.

"I can't tell you when that will happen," Boies said. "But I will tell you that it will happen, because those forces are too strong for anybody to resist indefinitely."

http://ken-berger.blogs.cbssports.com/mcc/blogs/entry/11838893/33333992?source=rss_blogs_NBA

This guy sucks at tough talk. He should leave that to Stern.

Stern isn't talking anymore.

Stern just spoke yesterday. What else do you expect him to say? Or are you waiting him to do a daily briefing on the situation?

CrushAlot wrote:

Childs2Dudley wrote:

CrushAlot wrote:

Childs2Dudley wrote:

CrushAlot wrote:Boies isn't playing.

"If you've got somebody on the other side who is saying, 'It's my way or the highway, it's take it or leave it, this is our last and final offer and you will not see negotiation,' you can't resolve this," Boies said. "That, I will predict, that will stop, OK? There will come a time when the league faces the reality of the exposure that they face under the antitrust laws, the exposure that they face because of fan dissatisfaction with their unilateral lockout, the exposure they face by having other people in the business of professional basketball. And they will believe it is in their best interests to resolve this case.

"I can't tell you when that will happen," Boies said. "But I will tell you that it will happen, because those forces are too strong for anybody to resist indefinitely."

http://ken-berger.blogs.cbssports.com/mcc/blogs/entry/11838893/33333992?source=rss_blogs_NBA

This guy sucks at tough talk. He should leave that to Stern.

Stern isn't talking anymore.

Stern just spoke yesterday. What else do you expect him to say? Or are you waiting him to do a daily briefing on the situation?

This stuff from Boies all came out today. Before yesterday you couldn't shut Stern up. He just kept going to his talking points and threatening the players that things would get worse. He is smart to button his lip. His words may prove to have gotten him in trouble already.

I'm not sure what your point is. It seems like you're trying to make something out of nothing which is something you do often.

David Stern doesn't need to talk every day and he didn't talk every day even during the lockout. Just because he didn't respond to anything Boies said and hasn't made a statement in one full day doesn't mean he is being intimidated by anyone. That's a ridiculous comment to make when you don't know the situation. It seems to me you are letting your personal feelings get in the way and are "rooting" for the players so hard that any rhetoric they spew is gospel.

CrushAlot wrote:

Childs2Dudley wrote:

CrushAlot wrote:

Childs2Dudley wrote:

CrushAlot wrote:

Childs2Dudley wrote:

CrushAlot wrote:Boies isn't playing.

"If you've got somebody on the other side who is saying, 'It's my way or the highway, it's take it or leave it, this is our last and final offer and you will not see negotiation,' you can't resolve this," Boies said. "That, I will predict, that will stop, OK? There will come a time when the league faces the reality of the exposure that they face under the antitrust laws, the exposure that they face because of fan dissatisfaction with their unilateral lockout, the exposure they face by having other people in the business of professional basketball. And they will believe it is in their best interests to resolve this case.

"I can't tell you when that will happen," Boies said. "But I will tell you that it will happen, because those forces are too strong for anybody to resist indefinitely."

http://ken-berger.blogs.cbssports.com/mcc/blogs/entry/11838893/33333992?source=rss_blogs_NBA

This guy sucks at tough talk. He should leave that to Stern.

Stern isn't talking anymore.

Stern just spoke yesterday. What else do you expect him to say? Or are you waiting him to do a daily briefing on the situation?

This stuff from Boies all came out today. Before yesterday you couldn't shut Stern up. He just kept going to his talking points and threatening the players that things would get worse. He is smart to button his lip. His words may prove to have gotten him in trouble already.

I'm not sure what your point is. It seems like you're trying to make something out of nothing which is something you do often.

David Stern doesn't need to talk every day and he didn't talk every day even during the lockout. Just because he didn't respond to anything Boies said and hasn't made a statement in one full day doesn't mean he is being intimidated by anyone. That's a ridiculous comment to make when you don't know the situation. It seems to me you are letting your personal feelings get in the way and are "rooting" for the players so hard that any rhetoric they spew is gospel.

I definitely am on the side of the players. I am upset that after getting to 50-50 a deal couldn't be done and that is on Stern and the owners. I don't see any objectivity on your part so I wouldn't present yourself as that. I agree that Stern doesn't need to talk every day and I am enjoying not hearing his voice or his repeating the same mantra. I personally don't find the players to be a group that it is easy to sympathize with. However I think they did attempt to negotiate in good faith and were denied the process.

I don't support any side but I do think the players are complete idiots for turning down the deal and I will tell people they are wrong to place 100% blame on the owners. Both sides are wrong but the players should have taken the deal.

The CBA for the NBA players was the most rich of all CBA's in the major sports. They benefited greatly for it. The owners did not. Players made tons of money, owners lost money. Owners want radical changes for a league they run. I thought the very final proposal was decent and one that both sides could live with. The players didn't want to even negotiate on system issues. They said we'll give you 50% and you keep everything else the same. That isn't going to fly. It's also not "negotiating in good faith" when they say a hard cap is a "blood issue" or that "we will not go below 53% unless you give us what we want". The players have been spoiled and can't handle drastic changes. This sense of entitlement will burn them in the end. The owners were celebrating when they rejected the offer and disclaimed, that's for sure.