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“The collective bargaining process and relationship have completely broken down, and the NBA players have exercised their labor law right not to be a union,” Berens wrote.

Boies said players will not seek a preliminary injunction to lift the lockout. Because the lockout “arguably grew out of prior collective bargaining discussions,” Boies said he believes it would be very difficult to get a preliminary injunction and could delay the case.

He added that it’s in “everybody’s interests to resolve this quickly,” adding the longer it goes on, the greater the damages to the players, teams and fans.