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09-19-2004, 04:22 PM
  #11
David A. Rainer
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What are you going to base your lawsuit on?

Negligence? The NHL and NHLPA does not owe a legal duty to any of those businesses to keep their business open and prevent a work stoppage.

Sue on the contract? There is no contract between the NHL and those businesses to sue to enforce. The best you might find is a contract between the team and the arena, or a team and there concessionb suppliers. But then those contracts either have an out-clause or will need to be paids as the work stoppage continues anyways. I am presuming you mean the little shops near arenas that will get hurt by a stoppage and do not have a contract with the NHL organization.

Violation of a state law? The NLRA will trump anything any state can throw together. In fact, even if a lawsuit was filed on one of the other two theories, I still think the considerations expressed in the NLRA would supersede the lawsuits.

Sorry, but this point is so moot it is not even funny. I understand that fans are frustrated and just want to get the stoppage over. And I understand that some businesses that feed off of the commerce generated by sports are going to be hurt. But that should not exempt the NHL and the NHLPA from exerting their rights under the NLRA. Just because someone is losing money because of the actions of someone else does not give them a cause to sue. There needs to be something more and that something more just isn't there.

The best those businesses could do is use public opinion/support to pressure the two parties into coming to terms.

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Last edited by David A. Rainer: 09-19-2004 at 04:27 PM.
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