Judge Tells NBA Its Chances Not Good in $25-Million Suit Against Clippers

The National Basketball Assn.’s $25-million suit against the Clippers for moving to Los Angeles from San Diego without permission is still expected to be tried in early March, but a U.S. District Court judge handling the case has informed the league that its chances of winning are not good.

In transcripts of a pretrial conference held Dec. 16 in San Diego, Judge Leland C. Nielsen told the involved parties that precedent set in the Raiders’ move to Los Angeles from Oakland helps the Clippers’ claim that the NBA had no right to stop their move to the Sports Arena on May 15, 1984.

“I really don’t see how the NBA can win this law suit,” Nielsen told lawyers representing the NBA in the hearing. “I think your chances of winning are somewhere between slim and none in light of the Raiders’ case . . . I think you’re in deep water without a paddle and your life jacket is leaking.”

NBA officials could not be reached Monday. But Gary Bettman, the league’s general counsel, last week said that the NBA has no plans to drop its suit, which asks for damages from the Clippers and also seeks to dissolve the Clipper franchise.

“It is not uncommon for a judge to get the involved parties together and try to solve the case before it goes to trial,” Bettman said last week. “But we still think we have a good case and it will go to trial in front of a jury.”

Clipper president Alan Rothenberg could not be reached Monday.

The trial date originally was set for January, but it has been pushed back to a yet-undetermined date in early March.

Clipper lawyers, at Judge Nielsen’s suggestion, also are preparing a motion for a summary judgment, saying that “the antitrust issues (are) similar to those tried in the Raiders’ case.” Previous summary judgment motions by the Clippers have been turned down.

The Clippers also claim that they have documented proof, dated in 1984, from lawyers for the Lakers waiving the Lakers’ territorial right to oppose the Clippers moving to the same city, as detailed in Article 9 of the NBA’s constitution.

NBA lawyers maintained that the league rule saying teams must seek permission before moving is valid.

“There’s nothing in the Raiders case that says a league doesn’t have the right to say: We want to consider the move and apply appropriate standards,” Michael Cardoza, a lawyer representing the NBA, told the court. “That’s what this case is all about.”