Blog Entry

NBA lawsuit oral arguments scheduled for Nov.2

Posted on: October 4, 2011 12:45 pm
Edited on: October 4, 2011 12:46 pm
By Matt Moore

Update: Ken Berger of reports:
In hearing today in U.S. District Court, oral arguments were set for Nov. 2 in @TheNBPA's motion to dismiss #NBA lawsuit, court says.
via Twitter / @KBergCBS: In hearing today in U.S. D ...

The NBA season, if you are unaware, is scheduled to begin the regular season on November 1st. So, really, good news all around! Sigh.

Original report: The NBA and NBPA have been trying to settle their differences inside the boardroom, not the courtroom, to avoid a prolonged battle that would get even uglier than the talks have been. But with "Detonation Tuesday" upon us, both sides are making preparations for the legal fight which could get started as early as this week. 

Sam Amick of Sports Illustrated reports that a meeting occurred early Tuesday between representatives of both sides and a judge overseeing the NBA's lawsuit seeking to block the NBPA from decertification and subsequent antitrust lawsuits.  
Another ominous sign: source says both sides meeting w/ 2nd circuit judge today in regards 2 league's lawsuit & NBPA's motion to dismiss. That would be stage-setter 4 decertification fight, with league's preemptive suit looking for ruling that it's illegal and NBPA disagreeing.
via Sam Amick (sam_amick) on Twitter.

There are multiple interpretations here. It could be that the two sides are looking to get some sense of where this thing is headed, because if the NBPA is cut off at the head from decertification, that essentially lops out the push from the agents and means that the players have to get a deal. More likely it's simply a general check-in on where things stand and what the process is from here on out.

But regardless, it does mean there's starting to be an eye on the legal front. Which means the focus is shifting away from a resolution. Which means the prospect of losing games looms ever larger.

Since: Sep 5, 2006
Posted on: October 4, 2011 3:18 pm

NBA lawsuit oral arguments scheduled for Nov.2

File this under the "Uh Oh" heading. This absolutely paves the way for decertification, but I'm more concerned with Moore's last point. Why do this now? What does the timing mean? Today has been identified by both sides as virtually the last day the two sides have to move forward in a positive direction. Every effort should be exerted to that end, and instead they meet with a federal judge to get a peak behind the legal curtain and see what's brewing? Why? And why are the agents shooting off in their pants over union decertification? They mention that the NFLPA did it and leave out the part about it not working. If anything, it hurt the cause when certain plaintiffs (Jackson, Mankins) did not want to settle. And to add to the fun, decertification almost certainly comes without a union head. It sure as hell won't be Hunter in charge if it gets to that point. The agents will force him out. So, who will negotiate for the players? Fisher and who? Their legal team is tied to Hunter.

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