Sixth Circuit Court of Appeals, Potter Stewart U.S. Courthouse, 100 East Fifth Street, Cincinnati, Ohio. Courtesy photo 6th Cir. Tosses Ohio Lawyer's Suit Alleging NBA, Players' Union Unlawfully Blocked Him From Becoming an Agent
"Generally speaking, the Sherman Act prohibits monopolizing or unreasonably restraining trade and commerce," wrote the Sixth Circuit panel. "But Congress did not dispatch the Act to cover all actors," and one example of that is labor unions, such as the NBPA, which "Congress broadly exempted them from the Act's prohibitions."
January 04, 2023 at 10:13 AM
5 minute read
A federal appeals court has ruled against an Ohio lawyer who alleged the National Basketball Players Association and the National Basketball Association acted together to wrongfully prevent him from taking a certification exam required for prospective NBA agents.
Citing "labor exemptions" to antitrust laws that preclude the attorney's Sherman Act claims, as well as the attorney's "conclusory" statements and allegations, the U.S. Court of Appeals for the Sixth Circuit tossed out Cleveland-based lawyer Rosel Hurley III's lawsuit lodged against both the NBPA and the NBA.
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