Aspiring NBA Agent Asks to Revive Suit Against Players’ Union












A would-be NBA players’ agent asked the Sixth Circuit to reinstate his claims against the National Basketball Players Association, saying it’s “plausible” that a “reasonable person” would believe the union conspired with the league to bar him from representing players.


The U.S. District Court for the Northern District of Ohio erred when it found the claims barred under the labor exemption to antitrust laws, plaintiff Rosel Hurley III told the U.S. Court of Appeals for the Sixth Circuit Wednesday.


The union isn’t eligible for an exemption from the antitrust laws because it conspired with the league—a non-union member—"to boycott appellant from taking the NBPA agent exam,” he told the court. According to the union, Hurley’s application was rejected due to his past criminal history and law license suspensions.


The NBPA initially approved his application, but revoked the approval two days before the exam, citing information he included on the application, Hurley said. The NBPA then provided “two totally different reasons” for revoking the application the following month, according to the filing.

The actions of the NBPA “shows the plausibility” that it was “acting in concert with a non-union member to boycott the appellant from taking the NBPA agent exam thus negating” any exemption from the antitrust laws, Hurley said.

Hurley’s complaint alleged the union and the league conspired to prevent him from taking the exam, in violation of the Sherman Antitrust Act, because of the “high possibility he would pass.”


The complaint alleged that the union told him his application was being denied because of a “law licensing issue.”



The union, citing a Cleveland disciplinary proceeding, told the court in a motion to dismiss filed Sept. 10, 2021, that it rejected Hurley’s application because he “is a convicted felon who had his law license repeatedly suspended—including for misrepresenting his status as an Ohio lawyer in a scheme to mislead and intimidate small businesses into paying him money.”




Hurley is representing himself. Squire Patton Boggs (US) represents the NBPA. Hurley is representing himself. Holwell Shuster & Goldberg LLP and Taft Stettinius & Hollister LLP represent the NBA  Cheap NBA Jerseys.




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