Legal Action Against the NBA on Behalf of Dwight (Update Pg 3)

[Natesroom 197]

Now this was a thought i was thinking about and i was hoping to generate good discussion regardless of how far fetched it was. Leave your snide comments at the door but please weigh in if you actually have understanding of NBA contractual information, Legal Background, Pure Creative genius or even hairbrained ideas that have some relevence.

 

In an article the other day it stated the SVG was speaking on behalf of Dwight as if he was a Defense attorney, and that got me thinking.

 

What recourses are availbale for an NBA player against the NBA if they are negligent in performing its duties? Now i know in the business world, corporate world, Military world and others that some companies draw up contracts on their behalf and have employees sign then to hold them blameless and not liable should the employee do something etc, etc. I'm sure the NBA has clauses so they cannot can be sued for injuries to players and things like that.

 

HOWEVER in the regular world of american business if a company has clauses like They are not liable for example in sexual assualt on their premises. However, if they have not done everything in their power to enforce that clause or provide the neccasary precautions OR only provide them for some of their emplotyees that contract might be considered null and void in a court of law.

 

My idea is that Dwight hire an attorney and see what is available for him via recourse from the NBA for its negligence in implenting protection of its Big men through officiating OR its blatant Favoritism towards other postitons... almost a discrimination of sorts. Im sure their could be enough video evidence of Flagrant Fouling and the like that is overlooked by the NBA and not enforced so that it almost becomes silent affirmation of its acceptence.

 

Now i dont want the nba to turn into a non-contact sport. I just think that the IDEA had merit and Dwight can afford the cost of an attorney and the exposure for said attorney would be exponential. Plus just the idea of a lawsuit against them might cause them to change their policies.

 

Obviously the law regarding WHISTLEBLOWERS could possibly be in effect here so that any reprisals to dwight from the league would be considered criminal activity and then that would bring more OUTSIDE investigation into the NBA, from uncontrolable sources. And we all know Stern hates to not be in control.

 

Just a thought and if this actually got some great discussion it might go somewhere...who know!

[Natesroom 197]

Now this was a thought i was thinking about and i was hoping to generate good discussion regardless of how far fetched it was. Leave your snide comments at the door but please weigh in if you actually have understanding of NBA contractual information, Legal Background, Pure Creative genius or even hairbrained ideas that have some relevence.

 

In an article the other day it stated the SVG was speaking on behalf of Dwight as if he was a Defense attorney, and that got me thinking.

 

What recourses are availbale for an NBA player against the NBA if they are negligent in performing its duties? Now i know in the business world, corporate world, Military world and others that some companies draw up contracts on their behalf and have employees sign then to hold them blameless and not liable should the employee do something etc, etc. I'm sure the NBA has clauses so they cannot can be sued for injuries to players and things like that.

 

HOWEVER in the regular world of american business if a company has clauses like They are not liable for example in sexual assualt on their premises. However, if they have not done everything in their power to enforce that clause or provide the neccasary precautions OR only provide them for some of their emplotyees that contract might be considered null and void in a court of law.

 

My idea is that Dwight hire an attorney and see what is available for him via recourse from the NBA for its negligence in implenting protection of its Big men through officiating OR its blatant Favoritism towards other postitons... almost a discrimination of sorts. Im sure their could be enough video evidence of Flagrant Fouling and the like that is overlooked by the NBA and not enforced so that it almost becomes silent affirmation of its acceptence.

 

Now i dont want the nba to turn into a non-contact sport. I just think that the IDEA had merit and Dwight can afford the cost of an attorney and the exposure for said attorney would be exponential. Plus just the idea of a lawsuit against them might cause them to change their policies.

 

Obviously the law regarding WHISTLEBLOWERS could possibly be in effect here so that any reprisals to dwight from the league would be considered criminal activity and then that would bring more OUTSIDE investigation into the NBA, from uncontrolable sources. And we all know Stern hates to not be in control.

 

Just a thought and if this actually got some great discussion it might go somewhere...who know!

[Natesroom 197]

Oh and I welcome Criticism just give Reasoning as to why it might change the NBA for the worse or better if you disagree

[NickAnderson 14]

If this did ever happen, What would it really do? I don't think it would help anything, only make things worse and the NBA less exciting.. This will not get us a ring.

[Secretly Space Jesus 670]

The NBA has rules that Dwight agreed to when he signed his contract. Part of that set of rules is agreeing to abide by the rulings of the referees.

 

There is no legal recourse here at all.

[Penny Hardaway's Ghost 260]

Dwight works for the NBA, the NBA has a policy, Dwight violated the policy, the policy outlined in a contract is considered legal and binding...you'd have a much better shot enlisting AL Sharpton and going the racism route...

[PENNY4LIFE 0]

The most that we can do is put our complaints in literature in support of Dwight.. if we can access the right email , or some link that will get to the commisioners office and have everyone post their comments there...other than that dont think there's much we could do about it, the guy has been underlooked since day one he came into the league

[Drain-O 369]

Dwight would be absolutely black-balled if he ever tried to pull a stunt like this.

 

I know he is a gigantic doosh but Shaq has been getting hammered for years before Dwight and the refs never really figured out how to fairly officiate him.

 

It is just one of those things that once in a generation big men are going to have to deal with.

[Natesroom 197]

quote:

Originally posted by Drunk on Mystery:

The NBA has rules that Dwight agreed to when he signed his contract. Part of that set of rules is agreeing to abide by the rulings of the referees.

 

There is no legal recourse here at all.

 

I know this, i alluded to as much in my post. I also gave previous examples of how a policy NO MATTER HOW LEGAL AND BINDING (rtillaree)Is UNENFORCABLE if they violate their own policies. The point is Dwight signed a contract saying all this legal mumbo jumbo.. pages and pages of stuff. If they (the NBA) violate their own rules that are set in place to protect a player, then normally a contract of this sort, or at tleast that part of it is thrown out by the courts. HOWEVER The point is not that he violated a policy (which he hasnt) the point is that the NBA - HAS. By not enforcing rules that they have structured i believe they have breached their contract.

[Natesroom 197]

quote:

Originally posted by Drain-O:

Dwight would be absolutely black-balled if he ever tried to pull a stunt like this.

 

I know he is a gigantic doosh but Shaq has been getting hammered for years before Dwight and the refs never really figured out how to fairly officiate him.

 

It is just one of those things that once in a generation big men are going to have to deal with.

 

I agree Somewhat Drain-O, but i believe that their ar ALOT of players that feel this way. So dwight standing up and saying something, or even the ORLANDO MAGIC doing something so its not Dwight who initiated it its the Orlando Magic would save him from being "Black-Balled"

[Penny Hardaway's Ghost 260]

yea I read what you said, but then I was like...no...and then I was like.........but seriously, this would be very bad for Dwight...luckily, no one involved is even thinking about this...

[Captain Hi-Top 791]

quote:

Originally posted by rtillaree:

Dwight works for the NBA, the NBA has a policy, Dwight violated the policy, the policy outlined in a contract is considered legal and binding...you'd have a much better shot enlisting AL Sharpton and going the racism route...

 

He isn't actually talking about Dwight's fine at all.

 

 

*suspension of reality to commence in 5, 4, 3, 2, 1...*

 

Okay, so, you mentioned the whole "the NBA doesn't officiate fairly or equally between positions. Well, tough. There is no provision in the constitution for all positions to be goverened fairly and equally. The NBA is a business and has the right to determine how it's games are officiated. They could very well institute a rule stating that SG's are allowed to hang off the arms of Centers to stop them from shooting with ball, and that Centers are charged two fouls for every foul committed on a point guard. There is no guarantee of equality in officiating by position.

 

I think you also fail on the whole 'dangerous workplace' or 'dangerous conditions' front as basketball is a sport that expects contanct between players at times. There are rules in place to curb the extent of that contact, and guidelines in place to punish people who take action against those rules.

 

One option to consider in this fantasy of litigation, would be a specific discrimination suit filed on Dwights behalf. If you could show that there was a clear and excessive gap between the enforcement of the rules set in place to protect players from injury as they apply to the general population of players and as they apply to Dwight himself, and that gap was significant and obvious, you might have the beginnings of a case.

 

*reinstating reality in 5, 4, 3, 2, 1...*