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.
Sep 1, 2015, 11:00 AM EDT
Whittington played for the Heat at Summer League.
Sep 1, 2015, 10:15 AM EDT
Mutombo played four and a half years in Atlanta.
Sep 1, 2015, 9:30 AM EDT
Stojakovic had been rumored for several weeks to be joining the Kings.
Sep 1, 2015, 9:00 AM EDT
His third time in seven years changing agents.
Sep 1, 2015, 8:30 AM EDT
Wade would make Patches O’Houlihan proud.
Sep 1, 2015, 8:00 AM EDT
If I were a betting man, I’d expect there’s a better than 50/50 chance a Zeller deal gets done.
Aug 31, 2015, 11:09 PM EDT
Does Harden even make the all left-handed starting five?
Aug 31, 2015, 8:31 PM EDT
We have some Riley Curry news. You know you want to click now.
Aug 31, 2015, 7:15 PM EDT
Charlie Westbrook reportedly signs with Bucks
Aug 31, 2015, 6:15 PM EDT
The Clippers add more depth. It’s been a good offseason for Doc Rivers.
Aug 31, 2015, 5:35 PM EDT
He is a very good pick-and-roll guard with great court vision.
Aug 31, 2015, 5:02 PM EDT
The Suns have no leverage now even if they wanted to move him, and apparently they don’t.
Aug 31, 2015, 4:25 PM EDT
You don’t even need to pump up his sneakers
Aug 31, 2015, 3:27 PM EDT
Cleveland can watch Pointer develop without having to pay him
Aug 31, 2015, 2:26 PM EDT
Mike Clarkson says son committed to Lakers
Aug 31, 2015, 1:33 PM EDT
Don’t expect him to make the regular-season roster this season
Aug 31, 2015, 12:43 PM EDT
Could Lakers wing play in the 2016 Olympics?
Report: Tristan Thompson won’t accept less than max from Cavaliers, his agent thinks Raptors will offer it next summer
Aug 31, 2015, 11:43 AM EDT
Thompson might leverage the max from Cleveland, but it probably shouldn’t be because of this Toronto threat
Aug 31, 2015, 10:26 AM EDT
By dropping an NBA draft pick, Canadians show how far they’ve come
Aug 31, 2015, 9:30 AM EDT
Utah now has 20 players
- Report: Veteran forward Chuck Hayes agrees to deal with Clippers 5
- Report: Lakers to sign Brazilian, FC Barcelona point guard Marcelo Huertas to one-year deal 9
- Shaq to Kobe on podcast: “I just want people to know that I don’t hate you” 18
- D’Angelo Russell on Tracy McGrady tweet: “Some Lakers fans are spoiled” 27
- Anthony Davis “definitely” plans on shooting more threes this season 4
- Jim Buss defends Byron Scott as Lakers coach, “He has the Laker blood in him” 24
- Jim Buss open to the idea of Kobe Bryant playing beyond this season 32
- Derrick Rose on sexual assault suit: “I am confident I will be proven innocent” 4