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.
May 24, 2015, 12:30 PM EDT
Cleveland has put in a bid for the 2018 event.
May 24, 2015, 11:00 AM EDT
Curry not only dropped 40, but he was talking back to the fans in Houston.
May 24, 2015, 9:30 AM EDT
Depending on what happens with the first two picks, Philadelphia could fill both requirements.
May 24, 2015, 8:00 AM EDT
If one play can sum up a game, this was it.
May 24, 2015, 12:57 AM EDT
There’s seemingly no solving Golden State’s dominant defense
May 24, 2015, 12:07 AM EDT
Houston has played well and valiantly this postseason, but the Warriors are simply better.
May 23, 2015, 10:32 PM EDT
He did it in nine fewer games than Miller.
May 23, 2015, 9:00 PM EDT
Great stuff from the game’s best player.
May 23, 2015, 7:30 PM EDT
Ross, and the Raptors, had a disappointing season.
May 23, 2015, 6:00 PM EDT
He certainly is one of the greatest ball handlers of all time.
Lakers GM: If free agents don’t choose L.A. because of Kobe Bryant, ‘we don’t want them. You should go someplace else.’
May 23, 2015, 4:30 PM EDT
Lakers need a strong-willed star to carry them into their next era of greatness.
May 23, 2015, 3:16 PM EDT
I’d say this puts the Hawks in a difficult spot, but they already were in one.
May 23, 2015, 1:30 PM EDT
May 23, 2015, 12:08 PM EDT
The popular former Magic player would sell well to the fan base.
May 23, 2015, 11:00 AM EDT
Clean block that was unfortunately called a foul.
May 23, 2015, 9:30 AM EDT
Atlanta is already down 2-0 to Cleveland in the series, and if Korver misses any time, the Hawks are finished.
May 23, 2015, 8:00 AM EDT
He would bring a defensive mindset that he team could use.
May 23, 2015, 12:25 AM EDT
Cleveland shut down Atlanta’s offense in a dominant Game 2 performance.
May 22, 2015, 11:16 PM EDT
LeBron was great, and that was enough against a Hawks team that keeps losing guys due to injury.
May 22, 2015, 10:30 PM EDT
There’s also video of Harden doing some damage in the tunnel on the way to the locker room.
- Warriors don’t live by 3, die by 3. They live by defense, live by defense 8
- Stephen Curry drops 40, Warriors rout Rockets by 35 to take 3-0 series lead 26
- Hawks Kyle Korver out for remainder of playoffs with high ankle sprain 15
- Report: Scott Skiles in lead to become next Orlando coach 16
- Report: Jeff Van Gundy candidate for Pelicans’ coaching job 15
- Cavs’ improved defense deserves credit for commanding 2-0 Eastern Conference Finals lead 36
- No Kyrie Irving, no problem: Cavaliers cruise to blowout Game 2 win over Hawks 24
- Kyrie Irving out for Game 2 vs. Hawks 7