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Caron Butler Leads Class In Lawsuit v. NBA

The first lawsuit by NBA players against the NBA and its member teams was filed yesterday in the U.S. District Court for the District of Minnesota.  It includes Counts for Violation of Section 1 of the Sherman Act, Breach of Contract, Tortious Interference with Contract, and Tortious Interference with Prospective Contractual Relations.

The Class Action Complaint includes the following Plaintiffs: Caron Butler, Ben Gordon, Anthony Tolliver, and Derrick Williams.  Butler and Gordon are represented by Raymond Brothers.  Anthony Tolliver is represented by Larry Fox.  Derrick Williams is represented by Rob Pelinka of Landmark Sports Agency.  Williams is like the Von Miller of the NBA players’ Complaint.  Von Miller had not yet signed a rookie contract when he joined the Brady v. NFL lawsuit.  Similarly, Williams has not yet signed a contract with the Minnesota Timberwolves, who selected Williams #2 overall in the 2011 NBA Draft.

Why only four Plaintiffs and why those specific players?  It looks to be a jurisdiction play by the lawyers involved.  The NBA is going to try to have the various lawsuits, likely starting with the one filed in Minnesota, removed and litigated in New York.  However, Tolliver plays in Minnesota and Williams was drafted by Minnesota.  Butler, a free agent, adds a more recognizable name to the class and lives in nearby Wisconsin.  Ben Gordon plays for the Detroit Pistons and lives in Michigan, which may be classified as being in the same region as Minnesota.

The entire Complaint is embedded at the bottom of this post.  I have taken a couple of screen grabs of particular sections, as well.

The players have a much better chance of proving that they are denied that opportunity to provide and/or market their services in the “major league market for professional basketball players” if the Court agrees that the relevant market is the United States.  There is a big difference between the NFL and NBA in this respect.  Without the NFL, NFL players have very few options.  They can play in the Canadian Football League, Arena Football League, and United Football League.  Each one of those options requires players to take a drastic pay cut.  However, NBA players may have viable opportunities overseas where they are not making the same amount of money that they would be in the United States, but it may be comparable in certain situations.

Caron Butler v. NBA

By Darren Heitner

Darren Adam Heitner, Esq., is a preeminent sports attorney and the founder of Heitner Legal, P.L.L.C., a Fort Lauderdale-based law firm specializing in sports law, contract negotiations, intellectual property, and arbitration. He earned his Juris Doctor from the University of Florida Levin College of Law in 2010 and a Bachelor of Arts in Political Science, magna cum laude, from the University of Florida in 2007, where he was named Valedictorian of the College of Liberal Arts and Sciences. Admitted to practice in the state bars of Florida, New York, and the District of Columbia, as well as multiple federal courts, Darren also serves as a certified arbitrator with the American Arbitration Association.

As an adjunct professor, Darren imparts his expertise through teaching Sports Law at the University of Florida Levin College of Law and Name, Image, and Likeness (NIL) at the University of Miami School of Law in the Entertainment, Arts, and Sports Law LL.M. program. His scholarly contributions include authoring several books published by the American Bar Association, such as How to Play the Game: What Every Sports Attorney Needs to Know, and numerous articles in prominent publications like Forbes, Inc. Magazine, and Above the Law. His thought leadership in NIL has earned him recognition as one of the foremost experts by The Wall Street Journal, USA TODAY, and On3, and he has been lauded as a “power player in NIL deals” by Action Network and a “top sports trademark attorney” by Sportico.

Darren’s passion for sports law led him to establish Sports Agent Blog on December 31, 2005, initially titled “I Want To Be A Sports Agent.” The platform, created as a New Year’s resolution, has grown into a cornerstone of the sports agency community, offering in-depth analysis of industry trends, legal disputes, and agent-player dynamics. His commitment to the field is further evidenced by his representation of numerous athletes and sports agents, as well as his prior role as an Adjunct Professor at Indiana University Bloomington, where he developed and taught a course on Sport Agency Management from 2011 to 2014.

Darren’s contributions have been recognized with prestigious honors, including the University of Florida’s 40 Under 40 Award, the University of Florida Levin College of Law’s Outstanding Young Alumnus Award, and designation as the best lawyer in Fort Lauderdale by Fort Lauderdale Magazine. He remains an active voice in the sports law community, sharing insights through his weekly NIL newsletter and his X posts, engaging a broad audience on legal developments in sports.