The 2012-2013 NHL Lockout Discussion Thread
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12-16-2012, 09:55 AM
is in your head
Join Date: Jun 2009
"NHL’s class action complaint almost identical to NBA’s, but the differences are illuminating"
The class action complaint for declaratory relief was, like the NBA’s, filed in the southern district court of New York. Like the NBA’s, lawyers from the firms of Proskauer Rose and Skadden, Arps, Slate, Meagher & Flom were listed at the bottom. But the similarities went much further.
In fact, huge stretches of the two documents were nearly identical. Five of the NHL’s seven claims for relief were lifted directly from the NBA’s complaint.
The same arguments were made, the same language was used; some paragraphs could have been word-for-word quotations. Every single non-NBA specific argument made in that league’s complaint was duplicated in the NHL’s version.
In both filings, a central argument was that whether the union opted for decertification or a disclaimer of interest, they didn’t really mean it – in other words, it was a trick to negotiate a better deal and as such should be ignored. Unfortunately for the NHL, while the NBPA has a pretty long track record of signing deals after talking about decertification, there is no similar track record with the NHLPA.
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