NBA asks judge to clear obstacle in talks

NEW YORK (AP):

An NBA lawyer urged a United States federal judge on Wednesday to help end a stalemate with the NBA players union by agreeing to consider the legality of its lockout.

The league locked out its players on July 1 and NBA Commissioner David Stern has already cancelled all November games.

The NBA, which filed suit against the players union in August, wants US District Judge Paul Gardephe to rule that the NBA's lockout would not be considered an antitrust violation if the players dissolve their union.

In oral arguments in New York, NBA attorney Jeffrey Mishkin said the NBA Players Association is using the possibility of an antitrust fight like "a loaded gun" in order to gain an upper hand at the negotiating table.

"They prefer the uncertainty," Mishkin said of the union's effort to get the lawsuit tossed out. "It's like taking a loaded gun and laying it on the table."

Gardephe, however, expressed a reluctance to wade into the NBA's labour mess. He brushed aside Mishkin's argument, saying that posturing is part of negotiations.

"If they've put the gun on the table, it's not clear there are any bullets in it," the judge said. "The courts discount threats of litigation in the context of collective bargaining."