Tag: NBA lawsuit

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Just like lockout, lots of talking but no action in NBA court case

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The lawsuit that the NBA filed and the players want dismissed — a suit that asks the courts to rule on whether the lockout legal — is really a sideshow. It only matters if talks break down so far that the union decides to decertify, a place the union has yet to be willing to go.

Yet the first day of arguments felt a lot like the rest of the lockout, according to reports from those in the courtroom.

Lawyers did all the talking, both sides took some verbal shots at each other, and in the end nothing was decided and the issue will continue on indefinitely.

U.S. District Judge Paul Gardephe wanted both sides to file more papers and to answer some issues via written submission before he makes a ruling on whether to throw the league’s suit out or allow it to go forward to trial. There is no timetable for his decision.

What does this mean for the lockout? Nothing. It doesn’t move the needle on negotiations either way. And in the end negotiations are the only way the lockout gets solved.

Sports Illustrated’s Zach Lowe tweeted this was probably the best exchange of the day.

League attorney, on union’s alleged willingness to decertify: “It’s like a taking a loaded gun and putting it on the table.”

Judge’s response: “It’s not clear if there are any bullets in it,” meaning unclear if union actually would decertify.

The league’s lawsuit was a pre-emptive strike against the union decertifying then having players sue the union on anti-trust grounds. That’s the route the NFL players went, but the NBA has not and likely will not unless the entire season is lost. Still, the issue was enough of a concern to the league they filed this lawsuit essentially trying to block decertification.

It also was an attempt by the league to choose the venue where any case would be heard. The league has had favorable rulings from this district in the past.

All that said, it really changes nothing. This lockout is going to be solved by negotiations. They are 95 percent of the way there. But they can’t get the last five percent until they sit down again, and right now no talks are scheduled.

NBA owners, union head to court in legal battle Wednesday

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The Miami Heat will not travel to face the Knicks and officially christen the renovated Madison Square Garden Wednesday as originally planned. The lockout drags on and the NBA and its players union are not even scheduled to meet and talk in the near future.

But good news — some NBA lawyers are going to make a lot more money Wednesday.

That’s because Wednesday the two sides will be in a New York courtroom having their first arguments in a preemptive lawsuit filed by the league. The goal of that lawsuit was to throw water on any plans the union had to decertify. The league’s suit asks that the lockout be ruled as lawful so it cannot be attacked by anti-trust lawsuits — the primary goal of decertifying the union is to sue the league on anti-trust grounds.

But wait a second, you say — the union has not even tried to decertify yet. You’re right (and that’s what the union says). But the league wanted to squelch that idea back on Aug. 2 when it filed the lawsuit.

That same suit asks that if decertification of the union is allowed, the league should be able to void all existing NBA contracts.

The union filed to have this case thrown out, basically calling it frivolous. That is what the two sides will be arguing today, whether the case should even go forward.

What the owners were really doing with this lawsuit is what is called “forum shopping” in legal circles — filing a pre-emptive strike in a district considered more favorable to your case so that the other side doesn’t get to choose the venue. So long as this suit is alive pretty much all NBA anti-trust issues would be heard in the same district in New York (where the league has gotten favorable rulings in he past).

Also at the heart of this is the union’s outside legal counsel Jeffrey Kessler. He is a bulldog in negotiations and was the guy that advised the NFL players union to decertify. The league and owners can’t stand him. He has been a known proponent of decertification for the NBA (or at least was early in the process) and the league says their case is valid because Kessler brought the issue in the media and elsewhere.

This is all legal wrangling for the hypothetical situation that the players union goes the route of decertifying and then having players sue he league on anti-trust grounds.

Frankly, if we get to that at this point the entire NBA season is toast. So NBA fans shouldn’t really care who wins today’s legal wrangling, they should care that soon it all becomes moot.

Nov. 2 set for first arguments in NBA lawsuit against union

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Before the NBA owners and players union attorneys sat down in a room and argued about how to divide up the fans’ money, they sat down in front of a judge to talk lawsuit.

Back in August the owners sued the players union essentially asking the court to say that any attempt by the union to decertify would be invalid. The owners added that if the National Labor Relations Board says the union can decertify the owners want the right to void all existing NBA contracts. The players union filed a motion to dismiss the lawsuit out of hand.

Both sides sat with a judge Tuesday morning and they will go to oral arguments on the players motion to dismiss on Nov. 2, reports both Sam Amick of Sports Illustrated and Ken Berger of CBSSports.com.

For the record, that is the day after the NBA regular season is set to start. So consider this a ominous omen heading into Tuesday’s crucial labor negotiations session.

It also means that discussion of decertification of the union is in play. For fans, that is the doomsday scenario — it would set back negotiations months and likely threaten the entire NBA season. It was a move the union needed to make right on July 1 or wait until January when the season is lost. Again, just ominous signs all around.

Union president calls NBA’s legal moves more bad faith negotiating

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You knew it wouldn’t take long, and here it is: NBA players union Billy Hunter has responded to the NBA today filing a complaint with the National Labor Relations Board and a lawsuit against the union, saying that it is the union negotiating in bad faith.

“The litigation tactics of the NBA today are just another example of their bad faith bargaining and we will seek the complete dismissal of the actions as they are totally without merit. The NBA Players Association has not made any decision to disclaim its role as the collective bargaining representative of the players and has been engaged in good faith bargaining with the NBA for over two years. We urge the NBA to engage with us at the bargaining table and to use more productively the short time we have left before the 2011-12 season is seriously jeopardized.”

The union earlier had filed a complaint with the NLRB accusing the owners of not negotiating in good faith (that complaint is still being investigated). The owners countered Tuesday with their own NLRB complaint for bad faith bargaining, and one-upped it with a lawsuit. The point of the NBA’s moves are clear — it’s a pre-emptive strike against the union decertifying and players suing the league for anti-trust (what the NFL players union did).

I’ll leave it up to the lawyers and judges to determine who has negotiated in bad faith by the legal definition. In the common sense use of the term, neither side has shown good faith. The owners — driven by hardliners who overpaid for their franchises and seem to want to punish the players for that — have called for radical changes to NBA’s financial structure that, as a group, are over the top. The players’ concessions have been small in the grand scheme of things as they fight to play goalie and just protect what they have.

It may take a victory for one side in the courts to get serious talks moving forward. And that will take time. Like miss part if not all of the season time. The two sides have about two months to figure this out before regular season games are lost. And after yesterday and today, that seems unlikely.

NBA files lawsuit, labor claim against players union

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Now it is on.

This morning the NBA lockout got a lot more ugly and a lot longer.

Tuesday morning the NBA owners took a pre-emptive strike against the players union decertifying — the path the NFL union took and one the NBA union was considering — by filing both a complaint against the union with the National Labor Relations Board (NLRB) and filing a federal lawsuit against the union.

The complaint with the NLRB states that the union is not negotiating in good faith — the union has filed a similar complaint against the league and was waiting for the resolution of that before seriously talking decertification. The NBA’s complaint says the union is not bargaining in good faith “by virtue of its unlawful threats to commence a sham “decertification” and an antitrust lawsuit challenging the NBA’s lockout.”

The lawsuit is the real strike against decertification (where the players would disband the union then sue the league under anti-trust law). It seeks a ruling that the NBA’s lockout does not violate federal anti-trust laws and if the union were to decertify all existing player contracts would become void.

Also, by filing themselves the league gets to choose the venue — New York’s Second District, which has been favorable to the NBA in past rulings. The union, if it filed anti-trust suits, was expected to look for more liberal, labor-friendly courts.

“These claims were filed in an effort to eliminate the use of impermissible pressure tactics by the union which are impeding the parties’ ability to negotiate a new collective bargaining agreement,” said NBA Deputy Commissioner and Chief Operating Officer Adam Silver said in a statement. “For the parties to reach agreement on a new CBA, the union must commit to the collective bargaining process fully and in good faith.”

Dragging the negotiations into federal court is not going to speed a resolution to the stalemate between the two sides. Maybe it puts pressure on the sides to sit down at the table and compromise, but right now neither side seems willing to give much and this isn’t going to speed things along.

This also may push the union to decertify sooner rather than later — it had been waiting to hear from the NLRB on its complaint, but that response wasn’t expected until the very end of this month, at best. Now they may go that route sooner, something pushed for by agents meeting with Billy Hunter recently.

All of that means things could drag out. It’s harder to see how an entire season can be salvaged now — unless you think both sides can solve all their differences in the next two months. The question is can any of the upcoming season be saved? I don’t know. I do know things just got real. And real ugly.