Aug 5, 2011, 11:32 AM EST
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.
Dec 19, 2014, 1:01 AM EST
Rondo moves the Mavs into contender status in the West. Problem is that is a crowded field.
Dec 19, 2014, 12:46 AM EST
The team officially described the sprain as “mild.”
Dec 19, 2014, 12:02 AM EST
Makes the haul even less impressive for Boston.
Dec 18, 2014, 11:00 PM EST
Phil responds to an article ripping the Knicks for making the deal.
Dec 18, 2014, 10:00 PM EST
Bryant’s contract runs through 2016.
Dec 18, 2014, 9:15 PM EST
Dec 18, 2014, 8:15 PM EST
The Rookie of the Year race is pretty dull now, frankly.
Dec 18, 2014, 7:35 PM EST
Anthony has been advised that sitting out would be smart.
Dec 18, 2014, 6:55 PM EST
The foul was upgraded to a Flagrant 2.
Dec 18, 2014, 6:03 PM EST
The Mavs send three players and two picks to Boston.
Dec 18, 2014, 5:30 PM EST
They don’t want to give up picks.
Dec 18, 2014, 4:45 PM EST
Spurs star made same clutch shot a decade ago against Lakers
Dec 18, 2014, 4:05 PM EST
Down goes Rocky, down goes Rocky
Dec 18, 2014, 3:40 PM EST
Trail Blazers guard just waiting to check into game, when his personal space gets violated
Dec 18, 2014, 3:09 PM EST
The Warriors are +15.8 per 100 when he is on the court. They will miss him.
Dec 18, 2014, 3:03 PM EST
Celtics forward shows up Magic
Dec 18, 2014, 2:28 PM EST
Updated with Lakers’ reported offer
Dec 18, 2014, 1:36 PM EST
Trade talks for Celtics point guard heating up
Dec 18, 2014, 12:55 PM EST
Where does this rank among LeBron’s most-lopsided losses?
Dec 18, 2014, 12:22 PM EST
It would be very difficult for the Clippers to find a deal Minnesota would like.
- Dallas moves into title contender status with addition of Rajon Rondo 3
- Kevin Durant turns ankle, leaves game not to return; X-rays negative. 0
- Report: Celtics ‘pretty pleased’ with return they got in trade for Rajon Rondo 26
- PBT Extra: Jabari Parker’s injury, what does it mean for Bucks, Rookie of Year race? 2
- Reports: Celtics agree to trade Rajon Rondo to Dallas Mavericks 35
- Andrew Bogut undergoes PRP therapy on knee, out indefinitely 9
- Report: Mavericks trading for Rajon Rondo could happen ‘sooner rather than later’ 10
- Carmelo Anthony introduces his latest signature shoe, the Jordan Melo M11 9