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 28, 2014, 2:04 AM EDT
Lance letting us know where his loyalties lie.
Jul 27, 2014, 10:00 PM EDT
The 2015 Slam Dunk Contest champion might have already been decided.
Jul 27, 2014, 8:30 PM EDT
At least he has an injury.
Jul 27, 2014, 7:00 PM EDT
We’ve known this for a while now.
Jul 27, 2014, 5:30 PM EDT
Millsap gets the call as a late addition after Blake Griffin and Kevin Love dropped out in the last few days.
Jul 27, 2014, 4:00 PM EDT
KG is likely coming back for his 20th NBA season, but may be setting himself up for something more with the Nets one his playing days are finished.
Jul 27, 2014, 2:30 PM EDT
LeBron makes yet another momentous decision.
Jul 27, 2014, 1:00 PM EDT
L.A. will keep Nash on the roster for the upcoming season, and take the cap hit for the $9.7 million remaining on his contract all at once.
Jul 27, 2014, 11:30 AM EDT
Only other possibility would have been LeBron facing the Heat, but that feels more like Christmas.
Jul 27, 2014, 10:01 AM EDT
Team downplays ESPN report that a contract has been agreed upon.
Jul 27, 2014, 9:29 AM EDT
Would Harden have been offended if he and Parsons made similar money?
Jul 27, 2014, 8:00 AM EDT
Kobe looks like Kobe, even all those years ago.
Jul 27, 2014, 12:30 AM EDT
Wade can play a little football.
Jul 26, 2014, 11:37 PM EDT
The negotiations was over years and the fourth year is a team option.
Jul 26, 2014, 10:00 PM EDT
Beasley is an unrestricted free agent, and some team will almost certainly take a chance on him next season.
Jul 26, 2014, 8:30 PM EDT
Bledsoe is absolutely right.
Jul 26, 2014, 7:00 PM EDT
If Kevin Love will not opt-in to the last year of his deal, would you still give up Wiggins for him?
Jul 26, 2014, 5:30 PM EDT
Nobody scores on Joakim Noah, 7-year-old youth included.
Jul 26, 2014, 4:00 PM EDT
Being inserted into the starting lineup might have something to do with it.
Jul 26, 2014, 2:30 PM EDT
Kevin Durant is the perfect international power forward anyway.
- Report: ‘No chance’ Kevin Love stays with Timberwolves 43
- LeBron announces he’ll wear No. 23 with Cavaliers 55
- Report: Lakers say ‘no done deal’ with Byron Scott 17
- Report: Lakers, Byron Scott agree to four-year, $17 million deal to coach team 15
- Kevin Love trade talk: He doesn’t want to opt in to deal, Cavs may live with that 40
- Kevin Love leaving Team USA not helpful, certainly not devastating either 19
- Why are the Lakers hiring Byron Scott as head coach? 46
- Report: NBA considering week-long break for All-Star Game next year 10