The NBA lockout now shifts to the American courts after the players union decided Monday it was time to “push back” and reject the latest offer from the owners. In a high-stakes game, with the 2011-12 NBA season hanging in the balance, the players said they had no choice but to risk it all and move to disband their union and begin the process of filing an antitrust suit against the league. “We understand the consequences of potentially missing the season; we understand the consequences that players could potentially face if things don't go our way, but it's a risk worth taking,” union vice president Maurice Evans said. “It's the right move to do.” Billy Hunter, executive director of the union, said the union didn't like Commissioner David Stern's ultimatum that if they didn't accept the latest proposal then they should brace for an even harsher one when, and if, talks resume. Hunter added he thought the latest proposal from the owners was “extremely unfair” adding they are aware what this battle might cost them. That proposal called for a 72-game season, beginning Dec. 15. “This deal could have been done. It should have been done,” Hunter said. “We've given and given and given, and they got to the place where they just reached for too much and the players decided to push back.” Players ignored Stern's warnings, choosing instead to blow up the union. That paved the way for a potentially lengthy lawsuit which could be filed in the next few days. It could also net them billions of dollars in damages. The union filed their “notice of disclaimer” with the NBA head office in New York an hour before they held their news conference Monday. Hunter said the players would be represented in a class-action suit against the NBA by lawyers Jeffrey Kessler and David Boies – who were on opposite sides of the National Football League labor dispute, Kessler working for the players, Boies for the league. The NBA owners had already has filed a pre-emptive lawsuit seeking to prove the lockout is legal and contends that without a union that collectively bargained them, the players' guaranteed contracts could legally be voided. The NBA's last work stoppage reduced the 1998-99 season to 50 games. So Tuesday will mark the 138th day of the current lockout. The two sides can remain negotiating during the decertification and legal wranglings so no one wants to write off the season just yet.
