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 23, 2014, 2:25 AM EDT
Monday tipped-off a series of NBA Cares and charitable events around the New York area tied to the All-Star Game.
Sep 23, 2014, 12:15 AM EDT
Wyc Grousbeck also says he wants Boston to keep point guard long term
Sep 22, 2014, 11:20 PM EDT
Before every game he is throwing the panda head into the crowd.
Sep 22, 2014, 10:33 PM EDT
Charlotte also adds Justin Cobbs, who went undrafted out of Cal
Sep 22, 2014, 9:45 PM EDT
Mohammed gives Chicago 14 players
Sep 22, 2014, 8:30 PM EDT
Ellington, who played for Scott with Cavaliers, received partially guaranteed contract
Sep 22, 2014, 7:40 PM EDT
It’s not going to change anytime soon, either.
Sep 22, 2014, 6:44 PM EDT
David Stockton, an undrafted free agent out of Gonzaga, also worked out for Thunder
Sep 22, 2014, 5:59 PM EDT
He didn’t take anything seriously, so he was vintage Howard.
Sep 22, 2014, 5:14 PM EDT
The Rockets’ defensive system is not the problem with James Harden.
Sep 22, 2014, 4:41 PM EDT
Jones previously played for the Grizzlies, Kings, Nuggets, Pacers, Mavericks and Hawks
Sep 22, 2014, 4:00 PM EDT
Former Pistons No. 2 draft pick putting some distance between himself and basketball
Sep 22, 2014, 3:22 PM EDT
Great job, Danny. Great job.
Sep 22, 2014, 2:45 PM EDT
Jones – who played for the 76ers, Rockets, Bulls (during Michael Jordan’s rookie season), Trail Blazers and Spurs – helped shape Tim Duncan’s career
Sep 22, 2014, 2:04 PM EDT
Chandler: ‘We are going to be a great defensive team’
Sep 22, 2014, 1:29 PM EDT
There were multiple NBA players arrested on domestic abuse charges last year. The spotlight on those cases will be different now.
Sep 22, 2014, 12:50 PM EDT
This is the Marcus Williams who played at Arizona, not Connecticut
Sep 22, 2014, 12:11 PM EDT
James Blair can watch LeBron in person in Cleveland again
Sep 22, 2014, 11:30 AM EDT
“The first thing I ever Googled about the man, the first thing that popped up was “racist.” So I was aware. I hate to say this, and it might sound ignorant, but I wasn’t surprised that all this came up.”—Blake Griffin on Donald Sterling
Sep 22, 2014, 10:32 AM EDT
A healthy D Rose could have the Bulls contending for a title.
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- Blake Griffin said he knew Donald Sterling was racist, wasn’t really surprised by tape 14
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