Would Raiders win a lawsuit to move to Vegas? Maybe, maybe not
In discussions on the topic of the Raiders and their contemplated move to Las Vegas, more than a few people have brought up the idea that Mark Davis could simply sue like his father did and get the right to move from the courts. This sentiment, however, is both true and not true at the same time because as always, things are far more complicated than people on Twitter would like to believe.
Since I am a lawyer in my day job, I figured I would try and clarify things a bit. That being said, I want one thing to be absolutely clear: Though I have worked in corporate law and thus with antitrust laws, this is an incredibly complicated issue and no one other than an expert on antitrust can really explain all of the various complexities to this. And even then, that expert can in no way guarantee what will happen. Why? Because cases are decided by judges or juries, also known as individuals with different perspectives and potentially different ways of interpreting laws. There is no such thing as a guarantee when it comes to trial.
Can the Raiders Sue?
Yes, anyone can sue anyone for any reason. If I wanted, I could go to court and file a lawsuit against you for reading this article. Sounds dumb, right? That’s because it’s not the correct question. If you hired a half way decent lawyer, you could get that lawsuit thrown out on a summary judgment or similar type of motion. So, can the Raiders sue? Yes. The question is, will that suit be strong enough to withstand an early challenge such that they can actually get to a trial?
In my opinion, yes, the Raiders would be able to get past the early challenges to such a lawsuit. In a MASSIVELY over simplified explanation, in order to get the lawsuit thrown out, the NFL would need to prove that even if everything the Raiders say is true, they still have no chance of winning the case. This typically relies on arguments over legal interpretation rather than disputes over facts or a combination of the two which is likely what we have here.
But the Raiders Will Win Easily, Right? I mean, Al Won!
Well, no. While Al Davis did in fact win the right to move to Los Angeles, the NFL changed its relocation procedures in response to that lawsuit in order to prevent another such suit from being successful. Will those changes be enough to fend off another suit? I have no idea and neither does anyone else. An expert could give you an educated guess, but that’s all it would be, an educated guess.
Why? Because no one has taken the NFL to court on these new procedures so no one knows how a court might interpret them. Of course, one would assume that since the NFL drafted the changes specifically to prevent another successful suit that this go round would be much harder to win.
There has only been one lawsuit against the league since the rule changes that was even tangentially related to the relocation issue. In that case, Al Davis argued that despite moving back to Oakland, he still owned the rights to the Los Angeles market. In it he also made antitrust arguments to support his stance. Davis lost that case. It’s by no means determines the outcome of this case, but it goes to show that this is uncharted territory.
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So Davis Can Sue and Might Win, Why Not Sue?
Well, there are a couple of reasons. First of all, the NFL could punish the Raiders for taking legal actions. For example, part of the $500 million that Mark Davis has committed to a Las Vegas stadium is the $200 million G4 loan from the NFL. Well, I’d venture to guess the NFL would not be willing to give him that loan if he were to sue them. The NFL could also charge a very large relocation fee and require that it be due before the move. They can also limit the ability of the Raiders to make money of of the stadium by refusing to ever let them host a Super Bowl.
But those aren’t the biggest reason the Raiders wouldn’t sue the NFL. Money is the biggest reason.
Mark Davis is by no means a poor man by your or my standards. But compared to the NFL and the other 31 billionaire owners, Mark is no different to me when I walk into the Ferrari dealership and get laughed out of the room. Why does this matter? Because a VERY common tactic in lawsuits is to “bury your opponent in paper.”
Essentially, this would consist of the NFL filing motion after motion and discovery demand after discovery demand, thus driving up Mark Davis’ legal bills and testing his will to continue fighting. Especially considering he could lose, get nothing for his money AND end up OWING the NFL money for damages. Theoretically, Sheldon Adelson and other Las Vegas investors could help pay for the suit but you would have to really wonder whether a smart investor would want to invest in a lawsuit with such uncertainty.
Don’t believe that this tactic could work? Take a look at when the Seattle Seahawks tried to move to Anaheim. The NFL scared them right back up to the Pacific Northwest.
CONCLUSION
So, what can we take away from this? If someone tells you they can guarantee how a lawsuit over this issue would play out they are either a liar or don’t know what they are talking about. The legal issues are far too complex for a lawyer who doesn’t practice in that area, let alone for someone with no legal training. Plus, as I noted, the outcome could turn not on legal principals, but on pressure exerted by the NFL.
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