Players union will file to dismiss NBA lawsuit

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And so the legal wrangling begins…

The National Basketball Players Association — what the rest of us call the players union — will file to dismiss the lawsuit brought by the NBA this week, reports Ken Berger at CBS Sports.

The NBA’s lawsuit was a pre-emptive strike against possible union decertification. A group of player agents had pushed union executive director Billy Hunter to consider decertification then have some players sue the league on anti-trust grounds — the tactic the NFL players union used — but the NBA’s union has resisted going down that road. So far.

The decision is hardly stunning, considering (union) attorney Jeffrey Kessler’s strident rejection of the basis for the league’s suit, which seeks declaratory judgment from the U.S. District Court for the Southern District of New York that the lockout is legal. Also, the NBA is seeking protection on antitrust grounds from a possible decertification by the players (or disclaimer of interest to represent them by the union) and has proclaimed its intention to void all existing contracts if the NBPA dissolves.

Kessler told CBSSports.com Tuesday the lawsuit has “no merit,” and that he intends to use it as evidence of the league’s bad-faith bargaining in a separate charge pending before the National Labor Relations Board.

This is standard operating procedure. With just about every lawsuit filed, the first move by the other side is to file to get the judge to just dismiss it immediately. Unless both sides really want to go into discovery. Neither side in the NBA battle really wants to go too far down this legal rabbit hole — you really think the owners want every NBA contract out there invalidated? You think Heat owner Micky Arison wants it? Clay Bennett in Oklahoma City? No, they don’t.

Two things I do take from this move by the league. One, they wanted to pick the venue where the legal fights would take place, and they picked the Second District in New York because they had won rulings there in the past.

Second, union decertification scares the league.

Russell Westbrook scores most points ever in triple-double, 57

AP Photo/John Raoux
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Russell Westbrook led a double-digit comeback in the final minutes of the fourth quarter. Been there done, that.

Westbrook hit a defining buzzer-beating 3-pointer. Been there done, that.

Westbrook posted a historic triple-double. Been there, done that.

All three in one game?

That’s a new level for Westbrook, who lifted the Thunder to a 114-106 win over the Magic tonight while posting an incredible stat line: 57 points, 13 rebounds and 11 assists.

James Harden scored 53 in a triple-double just this season, and Westbrook has already one-upped that record.

This MVP race is one for the ages.

Russell Westbrook’s 3-pointer caps incredible Thunder comeback, send Magic game to OT (video)

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The Thunder trailed the Magic by 21 points in the second half and 14 points midway through the fourth quarter.

Russell Westbrook capped the incredible comeback with this 3-pointer to send the game to overtime.

This becoming the norm for Oklahoma City.

NBA: Timberwolves got away with key late foul in win over Pacers

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Paul George expressed extreme dismay after the Pacers’ loss to the Timberwolves last night — the latest cause for concern in Indiana with its biggest star just one season from free agency.

But perhaps George wouldn’t have sounded so disillusioned if that game featured correct officiating down the stretch.

Minnesota’s Kris Dunn got away with fouling Jeff Teague by disrupting the Pacers guard’s speed/quickness/balance rhythm with 21.6 seconds left, according to the NBA’s Last Two Minute Report:

Dunn (MIN) makes contact to Teague’s (IND) arm that affects his SQBR and causes him to lose control of the ball.

Because the Timberwolves were in the penalty, a correct would’ve sent Teague — who’s making 86% of his free throws this season and 84% for his career — to the line. He would’ve had two attempts to build on Indiana’s two-point lead.

Instead, he forced an off-balance shot, which Minnesota rebounded. Ricky Rubio drew a shooting foul on a 3-pointer on the other end, and his three free throws lifted the Timberwolves to a 115-114 win.

The two-minute report featured a few other missed calls: George getting away with pushing off then Wiggins getting away with fouling George on a possession where George missed anyway, Andrew Wiggins getting away with a travel on a possession where Minnesota turned the ball over anyway. But those were effectively wash’s. Dunn’s uncalled foul was the one of consequence — especially if it contributes, even in a small way, to George’s exit from the Pacers.

Edmond Sumner declares for NBA draft despite torn ACL

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Edmond Sumner has grown about five inches since high school.

That has helped turn the 6-foot-5 Xavier point guard into an intriguing NBA prospect — but also seemingly contributed to physical complications. Sumner missed nearly all of his freshman year with knee tendinitis. Then, after a promising second season and start to his third, he tore his ACL in January.

Still, he’s entering the NBA draft.

Sumner:

Rick Broering of Musketeer Report:

Like with Duke’s Harry Giles, medical testing will be huge with Sumner. But at least Giles ended the season on the court. Sumner might not be healthy at all during the pre-draft process.

Sumner looked like a borderline first-round pick before the injury. This probably pushes him into the second round.

His long strides provide impressive speed and quickness, and he’s still shifty. Add quality court vision, and his ability to drive by defenders is even more valuable.

A 6-foot-8 wingspan and good lateral mobility also help make him a quality defender.

But it’s also concerning that so much of his positives could be undermined by his knee issues, especially considering his unreliable jumper. If Sumner can’t move like he did before getting hurt, I don’t see how he sticks in the NBA.

If Sumner’s knees check out, it’s worth rolling the dice on him and hoping his jumper develops. He might even be OK without shooting range, though that’d lower his ceiling considerably.

Again, though, the first thing is examining his knees.