Yeah I don't see how Cuban could have a legitimate case in a lawsuit. First off, it's against the CBA. Secondly, it's just a verbal agreement. Cuban got played. End of story.
I'm not sure I see how a CBA, which happens within the confines of US law, takes precedence over US law. Maybe lawyers know something sports writers don't. Just maybe.
Dare I say Dwight Howard's handling of Free Agency looks professional, especially now? Dude flew out to LA specifically to inform Mitch about his decision, and don't pull and horse s*** like this.
In order for a law to have been broken (and in this case I believe it would be TX law, not USA law), Cuban would have to admit to having a verbal agreement. Since verbal agreements are illegal in the moratorium, it's essentially not possible to legally dispute something that was illegal. Now you raise a fair question, that I raised earlier, about jurisdiction, but I'd agree that a lawsuit is coming. Whether it will be effective is a whole different story, but I am damn well willing to bet there will be one filed by Cuban.
Cuban is one party. There obviously was something in place because the Clippers didn't go to DJ's home because he makes good pancakes. That's where this whole "moratorium" stinks. It's reported on the NBA's own website that he "agreed" to terms with Dallas. How can you agree without speaking it? How was it "agreed upon" then. What action was taken that resulted in a confidence in Dallas that he was coming there.... a confidence that allowed "NBA Licensed" merchandise to be created. If there was no agreement then why wasn't DJ still traveling and discussing his options.
@bonk It's all hypothetical. Dallas: "hey DJ, should you still be interested on July 9 when we can do this, is $4yr/80M cool?" DJ: "Sure, that sounds like a figure I'd potentially be comfortable with" Plus the agents handle all the legal jingo.
Depends. When it comes to anti-trust laws, the CBA takes precedence apparently. http://sportslaw.uslegal.com/antitrust-and-labor-law-issues-in-sports/
The difference is that 95% of the league views these hypothetical agreements as official. Once July 9 hits, you make it official official. Technically DJ did nothing wrong....but when players and teams are looking at these agreements as essentially offical, it really Fs people over for someone to renege.
I appreciate all that. I'll leave it up to the pros. I have nothing riding on this. I don't agree with the moratorium. I think propke should be able to negotiate any time they want and sign whenever, too.
Exactly. This result has harmed Mark Cuban's business. Whether or not it met the CBA is not material. If a verbal affirmation was given and actions were taken based on it then damages resulting from breaking that verbal affirmation are possible/probable. Cuban doesn't have to even notify the league about this. It's pretty basic contract law and there is precedent in both Federal and State laws for verbal agreements. To simplify. If a verbal agreement took place and it is not deemed as an allowable act under the CBA it doesn't relieve the parties making the agreement from Federal and/or State Laws. In other words just because the CBA forbids verbal agreements it cannot exempt statutory precedence. Cuban will be pushed hard by the NBA to not pursue this I'm sure but if it were me I'd dump it directly into a court system and see what a Judge says by tomorrow afternoon. I detest "collective bargaining" btw..... so I might be biased.
