Aug 5, 2011, 11:32 AM EDT
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.
Aug 22, 2014, 6:21 PM EDT
DeMar DeRozan, Andre Drummond, Gordon Hayward, Chandler Parsons, Kyle Korver all possibilities for chopping block
Aug 22, 2014, 5:01 PM EDT
A fine choice, even if he isn’t the best current NBA player from Spain.
Aug 22, 2014, 4:02 PM EDT
Hairston’s guarantee will total $2 million over two seasons.
Aug 22, 2014, 3:01 PM EDT
Curry, seen on video discussing it, still seems upset by the situation.
Aug 22, 2014, 1:59 PM EDT
If true, Thompson needs a much thicker skin.
Aug 22, 2014, 1:05 PM EDT
Watching Smith and his gunner, ball-stopping tendencies try to fit in the move-the-ball, read and react triangle offense is going to be interesting. To put it kindly.
Aug 22, 2014, 12:20 PM EDT
His critics don’t get it, but Jeremy Lin is a solid NBA guard now.
Aug 22, 2014, 11:44 AM EDT
Krzyzewski – surprise, surprise – also reportedly likes Mason Plumlee, who played at Duke
Bulls’ Doug McDermott’s can’t sing, tries to lead Cubs’ fans in “Take Me Out To The Ballgame” anyway
Aug 22, 2014, 11:08 AM EDT
Doug McDermott can’t sing. We know that now.
Aug 22, 2014, 10:35 AM EDT
The Greek freak is going to be so much fun to watch at the world Cup.
Aug 22, 2014, 10:00 AM EDT
The hopes of the Finnish nation are crushed…. if they even noticed.
Aug 22, 2014, 9:15 AM EDT
Stiviano claims Sterling paid her to act as his beard
Aug 22, 2014, 8:44 AM EDT
Energy is a skill.
Aug 22, 2014, 8:00 AM EDT
James, on one-year minimum-salary contract, will have right to veto trades
Aug 22, 2014, 12:59 AM EDT
This had been expected.
Aug 21, 2014, 8:59 PM EDT
Knicks finally considering the importance of developing young talent for the future.
Aug 21, 2014, 7:31 PM EDT
Wiggins too, while guys like Alexey Shved will be sent to the Sixers.
Aug 21, 2014, 6:12 PM EDT
Gone are the days when Shaq would have used this as an opportunity to take a shot at Kobe.
Aug 21, 2014, 5:02 PM EDT
Why give up assets now, when either player could be signed outright as an unrestricted free agent next summer?
Aug 21, 2014, 3:59 PM EDT
Stephen Curry: “We’re still taking applications.”
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