The next NBA legal battle: venue for the legal battles

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When the NBA filed a preemptive lawsuit in New York back in August trying to take the teeth out of decertification of the players union, the union’s lawyers accused the league of “forum shopping.” Meaning the goal of the lawsuit was to choose the venue for future legal battles, not win the suit itself.

Now the venue is the battle. Antitrust lawsuits filed by players this week were in northern California and Minnesota. Where the case is heard could help determine the outcome.

The Sports Law Blog tries to explain this to us non-lawyers.

In both the 8th and 9th Circuits (where the players filed suits), courts have repeatedly held that the non-statutory labor exemption shields from antitrust scrutiny only activities that (1) involve mandatory subjects of bargaining, (2) primarily affect the parties involved, and (3) are reached through bona fide arms’ length bargaining. Based on this standard, the U.S. District Court for the District of Minnesota concluded in McNeil v. Nat’l Football League, 790 F. Supp. 871 (D. Minn. 1991) that the non-statutory labor exemption cannot apply after a union disclaims interest: presumably because after a disclaimer the second and third prongs of the non-statutory labor exemption cannot be met.

By contrast, the U.S. Court of Appeals for the Second Circuit (New York, where the league filed) in Clarett v. Nat’l Football League rejected the 8th & 9th Circuit definition of the non-statutory labor exemption in favor of a far broader non-statutory labor exemption. Thus, in the Second Circuit, the mere act of disclaiming union interest might not impose immediate liability on a sports league for maintaining terms originally implemented before such a disclaimer.

Yea, I start to get lost in there, too. But the idea is that the venue matters — the players filed where they did for a reason, as did the league in August. Whoever wins the coming venue battle will win the first skirmish of this war.

Or, you know, the two sides could sit down and negotiate a deal like adults. Just sayin’.

Stephen Curry’s 32 lead Warriors over Rockets 113-106

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HOUSTON (AP) Stephen Curry scored 32 points, Klay Thompson had 25 and the Golden State Warriors built a big lead early and held on for a 113-106 win over the Houston Rockets on Tuesday night.

The Warriors scored 37 points in the first quarter and never trailed on the way to their eighth straight victory and 60th this season.

Golden State led by eight after a pair of free throws by Curry with just over three minutes left. Patrick Beverley countered with a tip-in layup for Houston, then was fouled when he was knocked to the ground on a screen by Draymond Green seconds later.

James Harden missed a layup on the next possession before Green added a shot on the other end to put the Warriors up 107-99.

Another layup miss by Harden followed, and Curry made a 3-pointer with 1:46 left to send fans streaming to the exits.

Warriors F James Michael McAdoo leaves game vs. Rockets with head injury (VIDEO)

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There was a scary moment during the matchup between the Golden State Warriors and Houston Rockets on Tuesday night. During a change of possession, Houston’s Trevor Ariza and and Golden State’s James Michael McAdoo got tangled up and fell together on the floor.

McAdoo was under Ariza and wound up getting his head slammed into the hardwood. He was immediately taken off the floor and sent to the locker room.

Via Twitter:

The NBATV broadcast said McAdoo received stitches but did not test positive for a concussion. He is averaging 8.7 minutes, 2.9 points, and 1.7 rebounds per-game for the Warriors.

Jusuf Nurkic trolls Nuggets, tells former team to enjoy their summer (VIDEO)

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Jusuf Nurkic did not enjoy his time as a member of the Denver Nuggets. His trade to the Portland Trail Blazers in exchange for Mason Plumlee was a welcome change of scenery.

On Tuesday night, Nurkic got to take on his old team with huge playoff implications at stake. Portland beat the Nuggets, 122-113, moving a game ahead of their rivals in the race for the No. 8 seed in the Western Conference and giving them the best tiebreaker between the two.

Nurkic was impressive, blasting his old squad with 33 points on 12-of-15 shooting, adding 16 rebounds, three blocks, and two assists.

Nurkic was interviewed in the arena after the game, and he was obviously happy he helped his team while also sticking it to Denver. Speaking with Portland reporter Brooke Olzendam, Nurkic took one last shot at the Nuggets, telling them to enjoy their summer.

Via Twitter:

Nurkic quite possibly sent the Nuggets packing for the year with the game at the Moda Center on Tuesday, so he might have been the guy who helped start their summer.

Still, that is ice cold.

James Johnson decimates Marcus Morris with huge one-handed dunk (VIDEO)

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Miami Heat forward James Johnson is one of the NBA’s best in-game dunkers. On Tuesday night against the Detroit Pistons, he yammed down a huge one-handed slam that embarrassed Marcus Morris and drew gasps from the crowd at the Palace.

The play came midway through the fourth quarter with Johnson at the top of the key. After a quick pass over to him, Johnson gave a quick hesitation before driving to his left and past his defender.

With the quick step, Johnson’s only remaining opponent at the basket was Morris, who was unfortunate enough to find himself between the high-flying Heat and the rim.

This is what happened next:

Morris was whistled for a foul on the play.