Blog Entry

Hunter:Players to file antitrust suit against NBA

Posted on: November 15, 2011 6:36 pm
Edited on: November 15, 2011 8:22 pm
By Matt Moore 

Ken Berger of reports that the players' legal proceedings against the league will begin:

This comes as no surprise based on what we've already reported. Players' attorney David Boies told reporters the suit will challenge the lockout as an "illegal boycott." The players signed as plaintiffs in the case will be Carmelo Anthony, Chauncey Billups, Kevin Durant, Leon Powe, and Kawhi Leonard. Boies joked the case will be filed in Northern California due to a "fondness for Oakland" from Billy Hunter, then followed by saying it was because it's expected to help with expediency, and in reality, because the district is known to be union-favorable. You can expect the league to file to move the case to the 2nd circuit in New York, where they filed their original suit against the players pre-emptively. 

Boies also told reporters that they would not be asking for an injunction, but a summary judgement instead. Boies said the collective bargaining process "absolutely had ended" which is more coverage against the league's assertion that the disclaimer of interest filed by the NBPA is a "sham" used as a tactic in negotiations. The players are asking for treble damages, which would mean triple the amount of whatever monetary amount the players ascertain they are owed due to the lockout.

Boies said it is possible to get a summary judgment before the cancelation of the season, but also said that the goal is to resolve it out of court. Which you have to wonder how that's going to affect the sham argument. 

Players also filed suit in Minnesota, the same district that the NFL case was fought in, according to Boies, with more possible. Plaintiffs included Ben Gordon, Anthony Tolliver, Derrick Williams and Caron Butler. The Minnesota complaint can be read in its entirety online here. It's a barrage of lawsuits, essentially. Boies said that the California suit will include David Stern's ultimatum regarding a reversion to a more conservative offer from the league if the 50/50 proposal was rejected. Boies said "That's not collective bargaining."
Since: Nov 16, 2011
Posted on: November 16, 2011 1:11 pm
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Since: Sep 20, 2006
Posted on: November 15, 2011 9:22 pm

Hunter:Players to file antitrust suit against NBA

There is no basis for anti-trust if no competitor exists that was harmed. There is no competitor to the NBA in North America to be harmed.

There is no basis for unfair labor practice, or negotiating in "bad faith", if the NBA told the NBPA they had to make a profit to stay in business, truthfully stated their loss was $300 million a year, and rollbacks of players salaries had to start there. If it was the truth, there is nothing unfair about a business correcting financial mistakes by negotiating above the profit margin.

There is prior precedence that a lockout is not illegal, if operation of the business under an obsolete contract that is no longer valid given changed conditions, would subject the business to unsustainable financial hardship.  Evidence the $300 million loss above, and the current recession.     

Offering a proposal, with a subsequent, time contingent penalty with the intention of recovering additional lost revenues due to additional legal action, canceled venues, loss of investment capital or confidence influencing future earnings, is routine in contract law, including collective bargaining. The penalty has to fit the loss- can't be excessive or prohibitive or it can be viewed as a threat, or even extortion.  

Evidence of "bad faith" would have been the owners accepting the players proposal (where owners would continue to lose $100 million a year) knowing it could result in bankruptcy or reorganization of the NBA that would result in loss of NBPA jobs or un-sustainable obligations agreed to in the CBA, including NBPA salaries.

Intentionally designing to obstruct the negotiation process, lying, falsifying evidence, intentionally decieving principle stakeholders in the negotiations, or designing negotiations specifically with the intention of being prohibitive to collective bargaining, are examples of negotiating in "bad faith". 

Boies and Kessler's Feb. 2010 statement to David Stern that players would file anti-trust if they didn't get what they wanted, shows premeditation, and when presented with Billy Hunter's denial of allowing his constituant NBPA members a majority vote on ANY proposal offered, ARE indications the NBPA representatives themselves were negotiating in bad faith, however...and not presenting a good faith offer of 50/50 split of BRI to the union for a majority vote, is by definition, denial of the collective bargaining process, BY the people entrusted by the union to represent them.  

All this means no court is going to rule in favor of the players. 

The NBA simply didn't commit any crimes, or unfairly exploit their employees. THEY ASKED PLAYERS TO TAKE A 7% PAY CUT SO THE NBA COULD STOP LOSING MONEY AND NOT GO OUT OF BUSINESS.

Billy Hunter said no. The NBPA prefer to disband and sue for 3 times what we lost....even though the players lose more money in the first 6 cancelled games than they would if they had accepted the NBA's offer. 

THAT is more unfair to the players than the NBA reducing the average salary to $4.7 million a year, I'd say.   


Since: Oct 7, 2007
Posted on: November 15, 2011 8:21 pm

NBA Polls

CBS, amongst others are conducting regular polls regarding the NBPA , the NBA season and whether or not it has affected fans, players or owners.  The one multiple choice answer that has not been made available to the voters is whether or not we even care.  If you want a good guage on te NBA season, add that choice for people to answer. If my attitude is anywhere near the general sentiment, you won't like the results.

Since: Feb 3, 2008
Posted on: November 15, 2011 8:14 pm

Hunter:Players to file antitrust suit against NBA

I don't really understand why two sides can't togther and get something done. I think that both sides are greedy and don't want to budge. I know they are talking about alot of money, but in the end it is the fans that are going to be paying the price because these idiots can't seem to get it together.

Since: Aug 4, 2008
Posted on: November 15, 2011 8:13 pm
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Since: Nov 15, 2011
Posted on: November 15, 2011 7:46 pm

Hunter:Players to file antitrust suit against NBA

so since you dont care about nba yout think 90 percent other people dont care?   stop being a moron and if you really didnt care why did you read the article and feel the need to post that you dont care?    get a life loser

Since: Jun 16, 2009
Posted on: November 15, 2011 7:40 pm

Hunter:Players to file antitrust suit against NBA

Nicely said. Just send the poll results to Billy Hunter, Derek Fisher, Stern and the whole greedy bunch. I hope they cancel the season so I can get my season-ticket money back and put it to something useful.

Since: Nov 30, 2007
Posted on: November 15, 2011 6:56 pm

Hunter:Players to file antitrust suit against NBA this thing on? test 1, test 2...does anybody really care if there is no season? All these 1%ers fighting back and forth while we go to work every day to put food on our kids plates? Seriously? If 90% don't care if they have a season, like the poll indicates on front page..why keep reporting every little move they make. Stop reporting about them and maybe they'll realize once and for all the NBA is going the way of the dinosaur. 

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