TBS and Warner Bros. Discovery (WBD) are pushing back against the NBA in a legal battle over broadcasting rights, filing a new memorandum to prevent the dismissal of their breach of contract lawsuit. The case revolves around TBS’s right to match an offer from Amazon to broadcast NBA games starting from the 2025-26 season. TBS and WBD claim the NBA acted in bad faith, violating their matching rights.
On September 20, TBS and WBD submitted a 33-page memorandum to a New York court, where Judge Joel M. Cohen is reviewing the NBA’s motion to dismiss the lawsuit. The dispute centers around a contract signed in 2014 between the NBA and TBS, which TBS argues grants them the right to match broadcast offers for NBA games.
The lawsuit was sparked when the NBA awarded Amazon the rights to broadcast games from 2025-26 through 2035-36, despite TBS’s claim that they had matched Amazon’s offer. According to TBS and WBD, the NBA fabricated terms, such as “standalone streaming rights,” which did not exist in the original 2014 agreement, in order to justify their rejection of TBS’s matching offer. The plaintiffs assert that the NBA intentionally crafted terms that TBS could not fulfill, such as requiring a broadcast platform that also streams NFL games, a deal Amazon has but TBS does not.
TBS and WBD argue that these contractual differences and the NBA’s alleged bad faith warrant a full trial, rather than a dismissal at this early stage.
TBS’s legal team, led by attorney David L. Yohai, contends that the NBA’s attempt to dismiss the case is premature, emphasizing that factual disputes, including the interpretation of matching rights, should be resolved through a full discovery process. The memorandum asserts that the court has grounds to deny the motion to dismiss, citing legal precedents where similar cases have advanced to trial based on contested facts.
TBS further argues that its agreement to broadcast games on both TNT and Max, WBD’s streaming service, satisfies the terms of the 2014 contract, which allegedly allows for internet-based distribution of games. TBS also disputes the NBA’s introduction of “standalone streaming rights” as a factor in the rejection of their offer.
The legal battle between TBS, WBD, and the NBA will continue as Judge Cohen reviews the latest filings. If the case is not dismissed, it is expected to go to trial in April 2025. In the meantime, TBS and WBD, through TNT, will maintain their broadcasting rights for the 2024-25 NBA season. This ongoing dispute highlights the complexities of media rights agreements in an era where traditional and streaming platforms are increasingly intertwined.
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