Skip to content

Players union will file to dismiss NBA lawsuit

Aug 5, 2011, 11:32 AM EST

NBA & NBA Players Association Announce New CBA Getty Images

And so the legal wrangling begins…

The National Basketball Players Association — what the rest of us call the players union — will file to dismiss the lawsuit brought by the NBA this week, reports Ken Berger at CBS Sports.

The NBA’s lawsuit was a pre-emptive strike against possible union decertification. A group of player agents had pushed union executive director Billy Hunter to consider decertification then have some players sue the league on anti-trust grounds — the tactic the NFL players union used — but the NBA’s union has resisted going down that road. So far.

The decision is hardly stunning, considering (union) attorney Jeffrey Kessler’s strident rejection of the basis for the league’s suit, which seeks declaratory judgment from the U.S. District Court for the Southern District of New York that the lockout is legal. Also, the NBA is seeking protection on antitrust grounds from a possible decertification by the players (or disclaimer of interest to represent them by the union) and has proclaimed its intention to void all existing contracts if the NBPA dissolves.

Kessler told CBSSports.com Tuesday the lawsuit has “no merit,” and that he intends to use it as evidence of the league’s bad-faith bargaining in a separate charge pending before the National Labor Relations Board.

This is standard operating procedure. With just about every lawsuit filed, the first move by the other side is to file to get the judge to just dismiss it immediately. Unless both sides really want to go into discovery. Neither side in the NBA battle really wants to go too far down this legal rabbit hole — you really think the owners want every NBA contract out there invalidated? You think Heat owner Micky Arison wants it? Clay Bennett in Oklahoma City? No, they don’t.

Two things I do take from this move by the league. One, they wanted to pick the venue where the legal fights would take place, and they picked the Second District in New York because they had won rulings there in the past.

Second, union decertification scares the league.

Latest Posts
  1. Dallas moves into title contender status with addition of Rajon Rondo

    Dec 19, 2014, 1:01 AM EST

    Rajon Rondo AP

    Rondo moves the Mavs into contender status in the West. Problem is that is a crowded field.

  2. Kevin Durant turns ankle, leaves game not to return; X-rays negative.

    Dec 19, 2014, 12:46 AM EST

    Oklahoma City Thunder v Golden State Warriors Getty Images

    The team officially described the sprain as “mild.”

  3. Phil Jackson takes to Twitter to defend Knicks trading Tyson Chandler to Mavericks

    Dec 18, 2014, 11:00 PM EST

    Phil Jackson, James Dolan, executive chairman of the Madison Square Garden Company AP

    Phil responds to an article ripping the Knicks for making the deal.

  4. Carmelo Anthony considering shutting down because of knee injury

    Dec 18, 2014, 7:35 PM EST

    Carmelo Anthony Carmelo Anthony

    Anthony has been advised that sitting out would be smart.

  5. Why Tim Duncan’s buzzer beater last night looked familiar

    Dec 18, 2014, 4:45 PM EST

    Utah Jazz vs San Antonio Spurs Utah Jazz vs San Antonio Spurs

    Spurs star made same clutch shot a decade ago against Lakers

  6. Wesley Matthews not thrilled to find referee’s junk in his face (video)

    Dec 18, 2014, 3:40 PM EST

    New York Knicks v Portland Trail Blazers New York Knicks v Portland Trail Blazers

    Trail Blazers guard just waiting to check into game, when his personal space gets violated

  7. Andrew Bogut undergoes PRP therapy on knee, out indefinitely

    Dec 18, 2014, 3:09 PM EST

    Denver Nuggets v Golden State Warriors - Game Six Getty Images

    The Warriors are +15.8 per 100 when he is on the court. They will miss him.

  8. Report: Add the Clippers to the list of teams pursuing Corey Brewer (with Rockets, Cavs)

    Dec 18, 2014, 12:22 PM EST

    Los Angeles Lakers v Minnesota Timberwolves Getty Images

    It would be very difficult for the Clippers to find a deal Minnesota would like.

Featured video

Jabari Parker injury latest for disappointing rookie class
Top 10 NBA Player Searches
  1. D. Favors (7305)
  2. K. Martin (6722)
  3. A. Davis (6621)
  4. D. Cousins (6592)
  5. A. Bogut (6396)
  1. J. Noah (6382)
  2. T. Jones (6157)
  3. D. Lee (6017)
  4. C. Bosh (5817)
  5. B. Lopez (5620)