Judge Sacks Oakland's Antitrust Lawsuit Against the Raiders, NFL
U.S. Chief Magistrate Judge Joseph Spero on Thursday dismissed the city's antitrust claims related to the team's relocation to Las Vegas, declining to endorse what he called Oakland's "unorthodox theory of antitrust injury."
April 30, 2020 at 04:11 PM
3 minute read
A federal judge has knocked out an antitrust lawsuit brought by the city of Oakland against the Raiders and the National Football League over the club's move to Las Vegas, finding that the city hadn't sufficiently alleged that it suffered an antitrust injury.
U.S. Chief Magistrate Judge Joseph Spero of the Northern District of California on Thursday held that the city hadn't plausibly alleged that it would have retained the Raiders or attracted another team to the city without the league's 32-team cap on franchises. Spero found that the city hadn't addressed questions of how the league actually should be structured and whether the city could have retained the Raiders or attracted another team to the market without the restrictions.
"Reading Oakland's complaint and arguments as a whole—in particular, the lack of any suggestion as to how the NFL should be structured, and the request for equitable relief only as to the decision to permit a relocation rather than the limitation on the number of teams—it does not appear that Oakland actually objects to the limited number of teams in the NFL," the judge wrote. "Instead, it would seem that Oakland simply wishes it could have kept one of those teams for itself, and benefited from the prestige and economic windfall that derive from that scarcity, without paying the supracompetitive price that also arises from it," he wrote.
The judge wrote that he declined to be the first to endorse Oakland's "unorthodox theory of antitrust injury."
Oakland originally sued the Raiders, the NFL and its other 31 franchises in late 2018, claiming they violated the federal antitrust laws by conspiring to "boycott" the city and breached the league's relocation policies by signing off on the team's move to Las Vegas. The city claimed the $378 million "relocation fee" that the team paid acted as "supra-competitive cartel payments" to the 31 other owners. But in earlier dismissing the initial complaint in the case, Spero held that the relocation fee was actually a disincentive for the team to move.
In granting the team and the league's motion to dismiss the case with prejudice Thursday, Spero doubled down on that finding.
"Whatever harm may result from allowing teams to relocate to the city with the highest bid is not harm redressable under the antitrust laws," he wrote. The judge, however, dismissed the team's state law claims for lack of subject matter jurisdiction, giving the city the opportunity to refile those claims in state court.
The city's lawyers, James Quinn of Berg & Androphy and Bruce Simon of Pearson, Simon & Warshaw, didn't immediately respond to a message seeking comment Thursday.
Daniel Asimow of Arnold & Porter Kaye Scholer, who represents the team, likewise did not respond to a message Thursday.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllReality TV Couple and Pacific Palisades Neighbors Sue City of Los Angeles Over Loss of Homes to Fire
3 minute readPoop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
4 minute readNetflix Music Guru Becomes First GC of Startup Helping Independent Artists Monetize Catalogs
2 minute readLaw Firms Mentioned
Trending Stories
- 1We the People?
- 2New York-Based Skadden Team Joins White & Case Group in Mexico City for Citigroup Demerger
- 3No Two Wildfires Alike: Lawyers Take Different Legal Strategies in California
- 4Poop-Themed Dog Toy OK as Parody, but Still Tarnished Jack Daniel’s Brand, Court Says
- 5Meet the New President of NY's Association of Trial Court Jurists
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250