killbuckner wrote:I'll just put it this way. If I were a lawyer I'd strongly prefer to be on the players side suing for triple damages than on the NBA's side trying to claim the single entity status.
I welcome any article written since the american needle case that believes the NBA Could have a legitimate claime to being considered a single entity when it comes to labor law by tweaking the structure of the league.
Single entity status is the holy grail for sports ownership because it means that you could enforce any rules you want (including taking away free agency) and the players would have virtually no recourse. If any of the sports believed they could use small tweaks to gain this status it would have already occurred.
Putting an article in front of you would be a meaningless exercise - no matter who said it or what they said, you'd be saying the same things afterwards as you did before. So "find me an article" is a silly and pointless request.
The SCOTUS explicitly did
not speak to whether the NFL was a single entity or not, in the AN decision. They said it was an irrelevant distinction so they weren't wasting time deciding. And they said that teams in a sports league have the right (even the necessity) to act in concert in certain areas without violating anti-trust restrictions. Few who opined on AN noted those distinctions, much less commented on their import, but to say that "single entity" has been outlawed couldn't be further from the facts. There is a line of permissibility, and all we can say is that we don't know for certain where it falls until it's tested.
That line may not be where you think (or wish) it is.