OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Close This Box!

The Wizards would not have history on their side if they sought to use Clause 16 against Arenas, as it has seldom been employed to void NBA contracts. One unsuccessful attempt was in 1997, when the Golden State Warriors terminated the contract of Latrell Sprewell after he choked his coach, P.J. Carlesimo. On behalf of Sprewell, and consistent with the collective bargaining agreement, the players association filed a grievance. The grievance was heard by an independent arbitrator, Fordham University School of Law dean John Feerick, who reinstated Sprewell's contract on grounds that the Warriors lacked just cause in utilizing Clause 16. Feerick's decision suggests that the Wizards would have the odds stacked against them: If chocking a coach can't get a contract voided under Clause 16, would possessing unloaded guns do so?

Another attempt by an NBA team to void a contract occurred in 2004, when the Boston Celtics tried to terminate Vin Baker's contract. They did so after Baker, who battled problems with alcohol, failed to keep himself in adequate condition. The Celtics, however, never explicitly signaled their grounds for attempting to void Baker's contract, though Clause 16, which also requires that a player keep himself in first class physical condition, was a likely source. The Celtics-Baker situation was different from the Arenas-Wizards situation in a number of ways, since it concerned substance abuse and the Celtics attempted to void Baker's contract only after repeatedly disciplining Baker. Ultimately the Celtics and Bakers worked out an agreement whereby Baker reportedly received $16 million of the remaining $35 million on his contract.

It's possible that the Wizards could work out a similar buyout with Arenas, though expect the players' association to strongly oppose Arenas agreeing to any buyout. The players' association would be worried that teams would attempt to force buyouts with other players if the Wizards succeeded in doing so with Arenas.

* * *