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.
Apr 28, 2015, 2:13 AM EDT
Without Mike Conley to check him Damian Lillard ran free.
Apr 28, 2015, 1:14 AM EDT
D-Will tied his career playoff high with this.
Apr 27, 2015, 11:23 PM EDT
Michael Carter-Williams and Khris Middleton combined for 43 points.
Apr 27, 2015, 9:56 PM EDT
Series is now tied at 2-2.
Apr 27, 2015, 9:01 PM EDT
Washington’s averaged defender distance to the Toronto shooter was 3.55 feet, the closest defense any team played in the first round of the playoffs.
Apr 27, 2015, 7:58 PM EDT
The doctor will decide if microfracture is needed while doing a scope.
Apr 27, 2015, 7:17 PM EDT
The Cavs will be without two starters for the first two games of next round.
Apr 27, 2015, 6:59 PM EDT
Davis was +35 when playing while Green sat, -55 while Green was on the court at the same time.
Apr 27, 2015, 6:22 PM EDT
He would have been key against the Bulls to help space the floor.
Apr 27, 2015, 5:45 PM EDT
Olynyk finds common ground with Clevelanders
Apr 27, 2015, 4:59 PM EDT
Stats show Boston defended LeBron well, he just hit the shots anyway.
Apr 27, 2015, 4:15 PM EDT
I say Smith should get at least three games.
Apr 27, 2015, 3:44 PM EDT
They need the swelling to go down to get a sense of his return,
Apr 27, 2015, 3:07 PM EDT
Preview socks for the Cavaliers, Heat, Spurs and Warriors
Apr 27, 2015, 2:29 PM EDT
Cavaliers gave him a chance to wait by sweeping Celtics
Apr 27, 2015, 1:49 PM EDT
Rockets lost closeout game to Dallas
Apr 27, 2015, 1:12 PM EDT
Wallace owed more than $10 million next season
Apr 27, 2015, 12:26 PM EDT
What does Walker’s cratered draft stock say about Billy Donovan?
Apr 27, 2015, 11:45 AM EDT
If that was their plan, they executed it well
Apr 27, 2015, 11:03 AM EDT
Isaiah Thomas played, um, creative defense
- Portland comes from 10 down in fourth quarter to win 99-92, stay alive in series 0
- Bucks stay alive behind big backcourt performance to force Game 6 vs. Bulls 10
- Incredible 35-point performance from Deron Williams leads Nets to overtime Game 4 win over Hawks 9
- PBT Extra with NBASavant.com: Wizard’s defense peaking at right time 2
- Report: Chandler Parsons to have knee surgery, could require microfracture surgery 6
- Cavaliers’ J.R. Smith gets two-game suspension for shot to Jae Crowder’s head 38
- PBT Extra with NBASavant.com: Draymond Green helped hold Anthony Davis in relative check 6
- Cavaliers’ Kevin Love out for entire conference semifinals (likely vs. Bulls) 15