It’s an ugly game on the ice, but this season it’s gotten even uglier off.

Since September, the National Hockey League (NHL) and its players have been embroiled in a labor dispute without coming close to a resolution. A lockout has been in place since, with all NHL games canceled until Jan. 14.

Last month, the NHL filed a class action suit against the NHL Players’ Association (NHLPA), the players’ union, making claims of unfair labor practices against the union and asking the court to address whether the lockout was legal. The NHL brought the suit after rumors that the union would seek a member-vote to no longer represent the players in bargaining—freeing them to file antitrust suits against the NHL in effort to block the lockout.

Yesterday, the NHLPA had its turn in court—submitting a court filing asking a judge to toss the NHL’s suit.

“They ask the Court to simply assume the outcome of events that had not yet taken place at the time the Complaint was filed, and then decree what the law would be on the basis of those assumptions,” wrote lawyers on behalf the players.

U.S. District Judge Paul Engelmayer has scheduled a conference regarding case-management of the litigation for Jan. 7.

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