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 30, 2015, 12:55 AM EDT
The Rockets have nice depth up front.
Jul 29, 2015, 10:55 PM EDT
The Pelicans were one of the slowest paced teams in the NBA last season, that’s about to change.
Jul 29, 2015, 9:30 PM EDT
“I think someone who would watch this would think there is something wrong with me and something wrong with my friends.” — Chris Kaman
Jul 29, 2015, 8:47 PM EDT
Andrew Wiggins and Karl-Anthony Towns are about to be finishing alley-oops from the best lob passer in the game.
Jul 29, 2015, 7:47 PM EDT
Manu Ginobili is a stud.
Jul 29, 2015, 6:55 PM EDT
Kerr says Luke Walton is a future head coach in the NBA.
Jul 29, 2015, 6:31 PM EDT
Toronto has shifted the roster to be more defensive, and be able to go smaller.
Jul 29, 2015, 5:21 PM EDT
Jimmy Kimmell is the best part.
Jul 29, 2015, 4:22 PM EDT
Rex Kalamian and Andy Greer also join Dwane Casey’s staff
Jul 29, 2015, 3:35 PM EDT
Enter Andrei Kirilenko to save the day?
Jul 29, 2015, 2:48 PM EDT
Will anyone claim him?
Jul 29, 2015, 2:03 PM EDT
Cavaliers star has avoided making a public decision
Jul 29, 2015, 1:04 PM EDT
If Brazil qualifies through FIBA Americas Championship, that could close door for another North/South American team from qualifying
Jul 29, 2015, 12:00 PM EDT
Lakers were in a bad place when Jackson first stepped away
Jul 29, 2015, 11:11 AM EDT
Brooklyn owner praises Adam Silver for filling in
Jul 29, 2015, 10:13 AM EDT
Cavaliers star also addresses his favorites – including place to play, rapper, and teammates
Jul 29, 2015, 9:26 AM EDT
He’ll likely compete with Aaron Harrison to make regular-season roster
Jul 29, 2015, 8:31 AM EDT
Cleveland’s Tristan Thompson and J.R. Smith head the list.
Jul 29, 2015, 8:00 AM EDT
Bounce passes are less effective in baseball.
Jul 29, 2015, 12:05 AM EDT
Cuban said presidential candidate is ‘probably the best thing to happen to politics in a long, long time’
- Report: Veteran point guard Andre Miller reaches one-year deal with Timberwolves 7
- Who is still out there: Top 10 free agents still on the market 10
- Donald Trump says he’s becoming a Mavericks fan after Mark Cuban’s comments 43
- Report: Michael Jordan shot down Boston draft-day effort to get Charlotte No. 9 pick 30
- Wisconsin State Assembly passes Bucks arena deal, clearing the way for Gov. Walker to sign 40
- Phil Jackson says Knicks wanted Goran Dragic at trade deadline. Because he’s such a triangle fit? 16
- Report: Cavaliers sign Matthew Dellavedova 10
- Heat trade Zoran Dragic, second-rounder to Celtics 11