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’.
TORONTO (AP) — Kawhi Leonard had 31 points and 10 rebounds, Serge Ibaka added 21 points and the Toronto Raptors beat the Boston Celtics 113-101 on Friday night in an early matchup between Eastern Conference contenders.
By the end of the game, Raptors fans were chanting “M-V-P” for Leonard.
Kyle Lowry scored 15 points, Danny Green had 14, and Fred VanVleet 11 to help the Raptors win for the 10th time in 11 home meetings with the Celtics.
Kyrie Irving scored 21 points for Boston, and Al Horford had 14 points, 10 rebounds and nine assists. Jayson Tatum scored 16 points, and Jaylen Brown had 13.
Boston’s Gordon Hayward scored 14 points in 24 minutes, connecting on six of 13 field goal attempts.
Leonard made 10 of 25 attempts, including 2 of 5 from 3-point range, and went 9 for 9 at the free throw line.
Brown made a 3-pointer to give the Celtics an 87-86 lead with 9:03 remaining. VanVleet answered with a reverse layup, the first basket in a 6-0 spurt that gave Toronto the led for good.
Green and Lowry each made 3-pointers around an offensive foul by Tatum with just over two minutes remaining, giving the Raptors a 107-99 edge. Green went 4 for 7 from long range, while Lowry made 3 of 5.
NEW YORK (AP) — Caris LeVert‘s driving layup with a second left gave him a career-high 28 points and the Brooklyn Nets their first victory of the season, 107-105 over the New York Knicks on Friday night.
LeVert surpassed the 27 points he scored Wednesday night in Detroit, when the Nets fell just short. He made sure they pulled this one out, driving right into the lane and putting up the tiebreaking shot over Tim Hardaway Jr.
D'Angelo Russell and Jarrett Allen each added 15 points for the Nets. They improved to 6-1 in home openers since moving to Brooklyn in 2012.
Hardaway and Enes Kanter each scored 29 points for the Knicks, who were trying for just their third 2-0 start in 20 years. Kanter tied it on a three-point play with 15.9 seconds remaining but all they could manage for a final shot after LeVert’s basket was a long 3-pointer by Hardaway that wasn’t close.
The Nets were still without starting forwards Rondae Hollis-Jefferson, who just became a father, and DeMarre Carroll, who had right ankle surgery. But they did get back Allen Crabbe, their normal starting guard who came off the bench after missing the opener while recovering sprained left ankle.
They started fast, shooting 70 percent in the first quarter, and were in control until early in the second half. Then, Kanter and Frank Ntilikina had a couple of baskets apiece in an 11-0 run that wiped out a 10-point deficit and gave the Knicks a 66-65 lead on Hardaway’s 3-pointer.
New York was ahead 76-74 after three quarters and neither team led by more than six in a back-and-forth final 12 minutes.
CHARLOTTE, N.C. (AP) — Chasity Melvin has been hired by the Charlotte Hornets’ G League team, the Greensboro Swarm, as an assistant coach.
She becomes the first female coach in Hornets and Swarm history.
The former North Carolina State standout was the 11th overall selection in the 1999 WNBA draft. She played 12 seasons in the WNBA and was an All-Star in 2001.
Melvin was part of the NBA Assistant Coaches Program, which prepares current and former NBA, WNBA and G League players for coaching careers. Former program participants include James Posey (Cavaliers), Jerry Stackhouse (Grizzlies) and Vin Baker (Bucks).
Her hire comes one day after Kristy Toliver became the first active WNBA player to become an NBA assistant when she joined the Washington Wizards.
Other female assistants in the NBA include Becky Hammon with the Spurs and Dallas’ Jenny Boucek.
How is Tom Thibodeau doing in Minnesota tonight?
Friday night is the Timberwolves home opener — a big production where every player is introduced and the crowd is hyped. How hyped? Derrick Rose got a surprising amount of love from the fans.
However, the reception for Jimmy Butler — who has demanded a trade out of Minnesota, thrown a tirade during practice, and generally been disruptive — and coach/GM Tom Thibodeau (blamed by many for creating and dragging out this situation) both heard it from fans.
Watching the broadcast you could hear some boos, but the pumped-up in-arena entertainment noise on that feed made it hard to hear anything clearly. In the arena were a few cheers mixed in there for Butler, although mostly he was booed. Loudly.
Thibodeau didn’t get even that much love.
Timberwolves fans were indiscriminate and were ready to boo anyone who ever pissed them off — enter Kevin Love.
The boos for Butler subsided as the game went on.
The coach and star player getting booed maybe motivate owner Glen Taylor to step in and force the situation, but probably not. At this point how much more embarrassing is it going to get? If the Timberwolves get off to a slow start this season because of the chemistry, that might be the tipping point.
Right now, Butler trade talks are dormant. This — and these boos — are the status quo.
But everything is fine.