Legal question

[mrveggieman]

I have a question regarding the lockout and anyone with a legal backround or who would have any thoughts or opinions please chime in. Assuming there is a lockout in the nba next season could a nba player who is under contract sue his team and or the nba for breach of contract/unfair restraint of trade since the ballplayer is able, willing and available to play but through no fault of his own he is prohibited from playing due to the lockout and he is not able to offer his services to other interested buyers (eg international teams).

[coolz]

probably not

[asujbl]

I have a question regarding the lockout and anyone with a legal backround or who would have any thoughts or opinions please chime in. Assuming there is a lockout in the nba next season could a nba player who is under contract sue his team and or the nba for breach of contract/unfair restraint of trade since the ballplayer is able, willing and available to play but through no fault of his own he is prohibited from playing due to the lockout and he is not able to offer his services to other interested buyers (eg international teams).

#1 - What's stopping him from offering his services to international teams? Nothing as far as I know.
#2 - To sue a team as an individual the player would have to leave the Union - anyone that has been in a Union before knows how well that would go
#3 - This is exactly what the NFL players already tried - to say the lockout was illegal

[ChineseCheckers]

Yeah, I'd imagine a player offering his services to overseas teams would probably violate a clause in their contract...and thus the team could invalidate their contract. Plus, the player would run the risk of getting injured overseas and thus affecting his future contracts in the NBA. In the end, it's just not worth it.

[mrveggieman]

#1 - What's stopping him from offering his services to international teams? Nothing as far as I know.
#2 - To sue a team as an individual the player would have to leave the Union - anyone that has been in a Union before knows how well that would go
#3 - This is exactly what the NFL players already tried - to say the lockout was illegal

I know that most southern states (Georgia the home of the Atl Hawks comes to mind) are right to work states and are not union friendly. So in theory someone from the Hawks could leave the union then sue his team and the leauge for his free agency, win the case then sign to play in Europe? I doubt that Joe Johnson would do that due to his large contract but someone who does not have as large a contract may want to do that in order to play immediately. Let me know if I am on the right path.

[asujbl]

Yeah, I'd imagine a player offering his services to overseas teams would probably violate a clause in their contract...and thus the team could invalidate their contract. Plus, the player would run the risk of getting injured overseas and thus affecting his future contracts in the NBA. In the end, it's just not worth it.

You can't violate a contract that isn't enforceable if they are locking you out.

[asujbl]

I know that most southern states (Georgia the home of the Atl Hawks comes to mind) are right to work states and are not union friendly. So in theory someone from the Hawks could leave the union then sue his team and the leauge for his free agency, win the case then sign to play in Europe? I doubt that Joe Johnson would do that due to his large contract but someone who does not have as large a contract may want to do that in order to play immediately. Let me know if I am on the right path.

They could do that - but if they left the Union they'd never play in the NBA again - that's a pretty big union to cross.

I've never been in a Union - but comparing it to right to work states isn't really the same as professional sports.

[CavFanatic31]

im not too sure. but i found this website a couple years ago and it has EVERYTHING about the CBA stuff

http://members.cox.net/lmcoon/salarycap.htm

[jlcamaroz28]

I'm sure there are provisions in the contracts in case of lockout situations. You are dealing with million dollar contracts. The lawyers are going to think of everything...