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Lee v. Brothers

Legal Claim Not Raised by Rival Agent's 'Theft' of NBA Draftee Contrary to NBPA Rules

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OPINION AND ORDER Being a professional basketball player’s agent may itself be something of a tough competitive sport. While it is perfectly proper for a player to “steal” a ball on-court, an agent’s stealing another agent’s client by offering the player added financial inducement (in this case, any young man’s dream — a new pickup truck) may arguably violate the players’ union rules. But such a “foul” does not give rise to a legal claim, at least not in the circumstances of this case. Plaintiff David Lee is an agent certified by the National Basketball Players Association (“NBPA”), the players’ union. The certification agreement incorporates by reference the union’s regulations. In September 2017, Lee agreed to represent Mitchell Robinson, then a potential NBA draftee. A few months later — and three months before the draft — Robinson terminated his agreement with Lee, allegedly because defendant Raymond Brothers promised to buy Robinson a new Chevrolet Silverado pickup truck if he switched to the defendant’s agency. Lee alleges that in offering that inducement Brothers, along with his affiliated companies, co-defendants IAM Sports & Entertainment, Inc. (“IAM Sports”) and International Athlete Management, Inc. (“IAM”), violated the NBPA regulations. In his amended complaint, Lee seeks to recover damages for that alleged violation under a number of different theories. Defendants move to dismiss the complaint for failure to state a claim. For the reasons that follow, the Court grants the motion to dismiss. BACKGROUND I. Factual Background1 Plaintiff David Lee is a certified NBPA player agent.

29, 53.2 The NBPA is a union for current professional basketball players in the National Basketball Association (“NBA”). 26. The NBPA regulates and certifies player agents who represent NBA players and requires — through its certification agreement — that all agents agree to the NBPA’s regulations, which govern the relationship between players and their agents.

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