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.
Jul 2, 2015, 9:06 AM EDT
Kim Hughes: ‘I’m sure he won’t come back’
Jul 2, 2015, 8:34 AM EDT
There are still some very good players on the board
Jul 2, 2015, 8:02 AM EDT
This is a good deal for both sides.
Jul 2, 2015, 1:11 AM EDT
If he does, will Miami trade Mario Chalmers and/or Shabazz Napier?
Jul 2, 2015, 12:01 AM EDT
Good value for Boston
Jul 1, 2015, 11:27 PM EDT
The Warriors are keeping the band together — and they will be at the top of the West for a while.
Jul 1, 2015, 11:27 PM EDT
Philadelphia takes Jason Thompson, Carl Landry from Sacramento
Jul 1, 2015, 11:04 PM EDT
Asik will take some pressure off Anthony Davis
Jul 1, 2015, 9:57 PM EDT
Neither are the Pacers
Jul 1, 2015, 9:00 PM EDT
Not a good idea
Jul 1, 2015, 7:53 PM EDT
The Brad Stevens Effect
Jul 1, 2015, 7:40 PM EDT
Cleveland continues to soar over luxury-tax lines
Jul 1, 2015, 7:34 PM EDT
Would Paul Pierce agree to this if DeAndre Jordan were leaving town?
Jul 1, 2015, 7:07 PM EDT
Millsap had been flirting with Orlando but chose a shorter deal in Atlanta.
Jul 1, 2015, 7:04 PM EDT
Will Wright back up or replace Marc Gasol?
Jul 1, 2015, 6:43 PM EDT
Will that be enough to get Aldridge back to Portland?
Jul 1, 2015, 6:31 PM EDT
He is using this to leverage the Cavaliers, but the door is open.
Jul 1, 2015, 6:07 PM EDT
This is a contract the Thunder can live with or move, depending.
Jul 1, 2015, 4:51 PM EDT
Even if another team signs him to an offer sheet, the Warriors will just match it.
Jul 1, 2015, 4:47 PM EDT
Aldridge and Kobe Bryant didn’t quite click in their meeting.
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