Sports Law Blog
All things legal relating
to the sports world...
Monday, November 14, 2011
Breaking News: NBA Players disclaim interest:: Legal Analysis

The 2011-12 NBA season just became less likely.  I talk to NBA TV about what today's big news means.  And then later in the evening I spoke with Dennis 3D Scott, Stan Kasten, David Aldridge and Matt Winer.

Also, here is my Sports Illustrated video on this topic, with dramatic music in the background:


I hope in the next day or two we can get some thoughts on the only question that really matters: What kind of shot do the players have at winning? Boies says no claim for injunction. And let's assume they get passed non-statutory exemption (which seems likely). So little precedent! I guess the big question is what aspects of the proposed CBA do the players go after? Do they pick from the most recent offer?

Based on my extensive anti-trust experience, which amounts to a few hours of research, I've yet to discover why Stern is acting like this suit would be dead in the water. Uphill battle, sure. But at the same time, it seems like a triable case.

Anonymous Anonymous -- 11/14/2011 10:38 PM  

Once again almost all of the media is reporting professional athletes have decertified as a Union and Michael McCann has to correct the world and correctly state they have disclaimed interest. Am I Bill Murray in Groundhog's Day?

Blogger Gary -- 11/15/2011 12:20 PM  

I heard you say on NBA TV last night that if the NBA tried to employ other players (scabs) they could run afoul of anti-trust laws with things like a salary cap or a draft. So what about this...?

Suppose the NBA opens its doors to anyone who wants to play and establishs a league-wide salary scale. Players can choose what team to play for but the money will be the same.

Maybe every player gets the same pay...

Maybe centers get one salary and point guards get a different salary but every player at a position gets the same salary...

Maybe after the first year, second year players get a fixed percentage more than first-year players...

Would that kind of structure cause problems from an anti-trust standpoint?

Thanks in advance...

Anonymous The Sports Curmudgeon -- 11/15/2011 2:56 PM  

Post a Comment