1. The arbitrator ruled in our favor but he went against the 'letter of the law' so to speak. He didn't think the arbitrator made the correct interpretation And doesn't think it will stand up to an appeal.

2. I can't remember the other because its late and I'm drained. I'll try to remember and post later.

FUCK!!!! Just when I thought the Basketball Gods were smiling at us.

Such a crappy league.

USA Today is tweeting that the NBA plans to appeal. To appeal (at least under the 2005 CBA), the NBA would have to file notice within 10 days and its brief in 15-25 days after the arbitrator’s ruling (unless the parties agree to a different schedule). Until the appeal is decided, the arbitrator’s decision HAS NO EFFECT. So, the timing here could get really messy, since teams start signing players on July 11.

In ruling on the appeal, the Appeal Panel would be required to defer to the findings of fact of the arbitrator, unless they found he made a “clear error”. The arbitrator’s legal conclusions, however, would be entitled to no deference. That means, as a practical matter, that if Prof. Dam based his decision on a factual finding about how prior waived players were treated, that would be very difficult to overturn. But, if Prof. Dam just based his decision on the plain text of the CBA, the Appeal Panel would reconsider the issue as if Dam had never ruled (other than considering the strength of Dam’s reasoning).

Next -

http://espn.go.com/blog/new-york/knicks/post/_/id/21123/insights-into-the-lin-decision

Q: How long will the eligibility of Bird and early Bird rights last for future players claimed off waivers?
Klempner: It's indefinite. There could be something different moving forward, and we'll know that soon. But right now, it's indefinite. The appeal would go to an appeals panel of three arbitrators, who the the two parties [the union and league] would have to select. The players' association believes the appeal from the league will not be resolved by July 1, the start of free agency, so as of now the union has won the case.

Stupid spiteful ****

Andrew wrote:In your sentences, everywhere you wrote David Stern, replace that with "the owners" and you may have a better understanding.

Stern works for the owners....so he does what they want....and they want to control costs (salaries). This ruling causes a slight inflation of salaries.

Killa4luv wrote:I was listening to ESPN radio they had Larry Coon on. He said 2 things to rain on our parade:

1. The arbitrator ruled in our favor but he went against the 'letter of the law' so to speak. He didn't think the arbitrator made the correct interpretation And doesn't think it will stand up to an appeal.

2. I can't remember the other because its late and I'm drained. I'll try to remember and post later.

FUCK!!!! Just when I thought the Basketball Gods were smiling at us.

Papabear Says

Don't worry. They need the Knicks to be a contender with Lin to draw world ratings. The NBA is about money. Thats why we go the ruling in the first place. They need a real Knicks and Heat rival with Lin. $$$$$$$

knickscity wrote:

MSG3 wrote:

knickscity wrote:

MSG3 wrote:They don't need to resolve this by 7/1. 7/11 is when free agents can start signing. By then I think we'll have an answer. A lot of people are saying the decision will stick. Let's hope so.

True, but July 1 is when the negotiations can begin, the signing date is just a formality to make it league official.

It will be imperative to have this piece done by July 1 whether an actual resolution or no appeal processed.

The NBA cannot go into July 1 without this being solved.

Unless NBA drops appeal there's no way this is settled by 7/1. NBAPA and NBA said so themselves.

this is what I'm looking at.....

UPDATE -- Klempner's response to the league's appeal: "The NBA is entitled under the CBA to file an appeal, and we will respond accordingly. We don't think any such appeal has merit, and we are confident that the decision will stand and these players will benefit from it, whether it's through an expedited appeal process or a negotiated resolution.

Regarding the timing of July 1, there's no way that any two parties, much less these two parties, can agree on the identity of three arbitrators, hire them, file briefs, hold a hearing and get a written decision by the panel in one week, so, of course, the appeal can't be resolved by next week."

http://espn.go.com/blog/new-york/knicks/post/_/id/21123/insights-into-the-lin-decision

Im, thinking if the league does go ahead with the appeal, that the union will attempt to resolve the matter through some form of negotiation.

It would totally defeat the basis of their arbitration case, which has been awarded to them, so not ensure that those player receive the benefit.

If NBA and NBAPA were able to negotiate something that would be great. Appeal is going to take a while.

ramtour420 wrote:Can we appeal the appeal?

Don't think so, don't recall seeing that in the old cba.