Cuttino Mobley Sues Knicks
Retired basketball player Cuttino Mobley sued the New York Knicks this week in Manhattan federal court, alleging that the Knicks purposely sent him to two cardiologists in order to obtain a medical opinion that Mobley could not play basketball due to his heart condition, hypertrophic cardiomyopathy. Mobley claims that he was diagnosed with this condition in 1999, but was continuously cleared to play by other NBA teams, as long as he signed a waiver. However, once he was traded to the Knicks, Mobley alleges he was sent to two doctors who are "well-known opponents of allowing players with [Mobley's condition] to play." He claims that the Knicks did so in order to have insurance pay his salary, which would not count for purposes of the NBA's luxury tax.
Although the Knicks have not fared well in court (see Isiah Thomas), the problem with Mobley's lawsuit comes from his own mouth. When he retired in 2008, he stated, "[t]he specialists I've seen made it clear that my heart condition has gotten worse and I couldn't continue to play professional basketball without putting my health and life in serious danger. As much as I want to keep playing in the NBA, I have no choice but to follow the advice of my doctors and step away from the league." Mobley didn't say, "I disagree with the doctors the Knicks sent me to and I will be seeking a second opinion."
It be difficult to prove that the Knicks sent Mobley to select doctors, knowing in advance what their opinions would be, particularly since these doctors have great reputations and presumably made medical decisions based upon their examinations of Mobley and review of his medical records. According to ESPN, Mobley then saw four specialists who performed additional tests and convinced him to stop playing. Furthermore, Mobley's claim that no other team will sign him, simply because of the situation with the Knicks, is suspect.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.