The WNBA and Las Vegas Aces contend that Dearica Hamby’s work retaliation lawsuit does not make a case that is a viable one in fresh court papers.
In Hamby’s complaint, the two accused are accused of unlawfully discriminating against her because of her pregnancy. Since Hamby sued in August, the events have been alternating with files. She contends the Aces traded her in 2023 because she was pregnant. In addition, Hamby points out that the WNBA’s investigation of her allegations and its decision to not renew a advertising deal were retaliatory.
U.S. District Judge Andrew P. Gordon, who presides in Nevada, will review the most recent papers made on Wednesday.
The Aces argue that Hamby’s reported damages are “unrelated” to the conditions of her work. Because Nevada does not have a state income tax, but California does, Hamby claims the business hurts her. She also alleges that leaving the Aces, which won WNBA headings in 2022 and 2023, for the Sparks, who have struggled in recent months, damaged her ability to secure brand, image, likeness deals, as well as other marketing, support, and sponsorship opportunities.

The Aces claim that Hamby’s work with the Aces “is based on her ability to effectively promote her NIL to third party partners.”
Hamby’s petition also contains an alleged error, including that she is omitted from the list of” who at the Aces allegedly engaged in the hostile conduct.” The group contends that Hamby is oblivious to who she believes led to the team’s alleged misconduct.
The WNBA, however, contends that Hamby’s case against the club suffers a catastrophic weakness: The WNBA is certainly her company. The Aces and WNBA are her combined companies, according to Hamby, so they would be held simultaneously accountable for Hamby’s actions and for wrong to her. The group issues that description. It makes note of the fact that each WNBA company employs people for the group, not just their own.
Hamby argued that the WNBA has significant power over franchises, including in their work relationships with players, in a issuing from October. Hamby cited a judge court’s 2022 decision in Aaron Senne, et cetera. v. MLB, a group activity that has since settled and involved Fair Labor Standards Act claims brought by small group people. MLB, U. S. Magistrate Judge Joseph Spero explained, possessed features regular with joint work including command over the entrance level review, the ability to control players and set first-year salaries.
The WNBA contends Senne does n’t advance Hamby’s case. The WNBA notes that Senne did n’t involve a collective bargaining agreement and that, unlike the minor league baseball players, Hamby “does not allege that the WNBA played any role in her hire or discharge, the evaluation of her performance, or the setting of her salary”.

In line with Hamby, the WNBA maintains that Hamby’s event is unrelated to the WNBA’s collective bargaining agreement, which stipulates minimum and maximum salaries, and that the CBA regulates the selection of amateur players for WNBA teams and sets forth trade rules. Hannah alleges that the WNBA drafted her or traded her from the Aces to the Sparks, that she was compensated for her performance, that she received any other payment, or that she received any other payment from the WNBA.
In an attempt to boost its study, the WNBA cites Lamar Dawson v. NCAA, a event from the U. S. Court of Appeals for the Ninth Circuit in 2019. On Sportico, Dawson has been brought up in many discussions regarding whether college sports are paid by their respective institutions, conferences, and the NCAA.
The Ninth Circuit found Dawson, a University basketball player, was not an individual of the NCAA and Pac-12 since (among different motives ) he had no expectation of payment. The NCAA and the Pac-12, as the court argued, were unable to appoint or dismiss Dawson because they had not given him permission to perform for USC or to supervise him. Otherwise, the NCAA and Pac-12 were deemed to possess functioned in a regulatory power, including by setting guidelines regarding academic registration, financial help, scheduling and problems of exercise that USC had to pursue. The WNBA argues that Hamby has only pleaded information establishing the team’s “relationship to WNBA people, like Hamby, is equivalent to a regulation”.
In her pleas, Hamby may have a chance to react to these and additional arguments. On January 28, 2025, a natural evaluator, a person who works with the parties to achieve a settlement, will meet with them in a courthouse in Las Vegas.