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NBA owners, union head to court in legal battle Wednesday


The Miami Heat will not travel to face the Knicks and officially christen the renovated Madison Square Garden Wednesday as originally planned. The lockout drags on and the NBA and its players union are not even scheduled to meet and talk in the near future.

But good news — some NBA lawyers are going to make a lot more money Wednesday.

That’s because Wednesday the two sides will be in a New York courtroom having their first arguments in a preemptive lawsuit filed by the league. The goal of that lawsuit was to throw water on any plans the union had to decertify. The league’s suit asks that the lockout be ruled as lawful so it cannot be attacked by anti-trust lawsuits — the primary goal of decertifying the union is to sue the league on anti-trust grounds.

But wait a second, you say — the union has not even tried to decertify yet. You’re right (and that’s what the union says). But the league wanted to squelch that idea back on Aug. 2 when it filed the lawsuit.

That same suit asks that if decertification of the union is allowed, the league should be able to void all existing NBA contracts.

The union filed to have this case thrown out, basically calling it frivolous. That is what the two sides will be arguing today, whether the case should even go forward.

What the owners were really doing with this lawsuit is what is called “forum shopping” in legal circles — filing a pre-emptive strike in a district considered more favorable to your case so that the other side doesn’t get to choose the venue. So long as this suit is alive pretty much all NBA anti-trust issues would be heard in the same district in New York (where the league has gotten favorable rulings in he past).

Also at the heart of this is the union’s outside legal counsel Jeffrey Kessler. He is a bulldog in negotiations and was the guy that advised the NFL players union to decertify. The league and owners can’t stand him. He has been a known proponent of decertification for the NBA (or at least was early in the process) and the league says their case is valid because Kessler brought the issue in the media and elsewhere.

This is all legal wrangling for the hypothetical situation that the players union goes the route of decertifying and then having players sue he league on anti-trust grounds.

Frankly, if we get to that at this point the entire NBA season is toast. So NBA fans shouldn’t really care who wins today’s legal wrangling, they should care that soon it all becomes moot.

Knicks waive Lou Amundson, four others to keep Ron Baker

New York Knicks guard Ron Baker (31) goes to the basket against Boston Celtics forward Amir Johnson (90) and guard Avery Bradley (0) during the first half of a preseason NBA basketball game, Saturday, Oct. 15, 2016, at Madison Square Garden in New York. (AP Photo/Mary Altaffer)
AP Photo/Mary Altaffer
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Ron Baker was one of the top undrafted players, and the Knicks scooped him up quickly.

They probably didn’t realize just how much they’d need him.

New York’s rotation point guards are Derrick Rose and Brandon Jennings, who both carry unsettling injury histories. Additionally, Rose missed most of the preseason while successfully defending himself in a rape lawsuit.

The Knicks can’t afford to go without a third point guard, and Chasson Randle‘s injury left Baker.

But because the they have 15 players with guaranteed salaries – Baker isn’t one – the Knicks had to waive Lou Amundson, who just signed a guaranteed deal. New York also waived Randle, J.P. Tokoto, Damien Inglis and Cleanthony Early, none of whom had fully guaranteed salaries.

Other candidates with guaranteed salaries who could’ve been waived: Sasha Vujacic, Marshall Plumlee and Maurice Ndour.

The bigger mystery than why the Knicks chose Amundson to waive is why they gave him a fully guaranteed contract in the first place.

Reports: Celtics waive No. 51 pick Ben Bentil, offering R.J. Hunter or James Young for second-rounder

RALEIGH, NC - MARCH 19:  Ben Bentil #0 of the Providence Friars passes in the second half against the North Carolina Tar Heels during the second round of the 2016 NCAA Men's Basketball Tournament at PNC Arena on March 19, 2016 in Raleigh, North Carolina. The North Carolina Tar Heels won 85-66.  (Photo by Grant Halverson/Getty Images)
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The Celtics new they drafted too many players, which is why they convinced No. 16 pick Guerschon Yabusele and No. 23 pick Ante Zizic to remain overseas and No. 58 pick Abdel Nader to sign with the D-League. That will allow Boston to maintain exclusive NBA negotiating rights on all three players.

But that still left three draft picks – No. 3 pick Jaylen Brown, No. 45 pick Demetrius Jackson and No. 51 pick Ben Bentil – joining the Celtics’ roster. There isn’t enough room for all three, and Bentil – the only one without a guaranteed salary – is getting the boot.

Shams Charania of Yahoo Sports:

If Bentil clears waivers, Boston can assign his D-League rights to its affiliate. He would remain an NBA free agent. However, another team could claim him first, waive him itself and then assign him to its D-League affiliate. Whichever team waives Bentil last will be on the hook for his $250,000 guarantee. It’s also possible a team claims him and keeps into the regular season.

I’m not high on Bentil, who hogged the ball for a lot of bad shots at Providence. But he has talent, and I’d love him on my D-League team. It’s also not my $250,000 to spend.

Sadly for the Celtics, waiving Bentil was already expected. They still need to shed someone with a guaranteed salary to meet the regular-season roster max, and James Young and R.J. Hunter are the most likely to go.

Of course, Boston doesn’t want to lose one for nothing.

Adrian Wojnarowski of Yahoo Sports:

I believe Hunter is more valuable than a second-rounder in a vacuum, and Young also might be. But there’s limited incentive in preemptively trading for a player who will likely become a free agent otherwise. Sure, you get your pick of the two, and you avoid fighting other teams for him. But you also get him on a rookie-scale contract rather than what could be a cheaper deal.

I wouldn’t be surprised if the Celtics trade one before they have to waive one, but they don’t have much leverage.

More Collective Bargaining Agreement details emerging

Omer Asik, Paul Millsap, Kyle Korver
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The NBA and National Basketball Players Association are on track for a new Collective Bargaining Agreement soon, and details are emerging about the new deal.

Here are some more.

Brian Windhorst of ESPN:

There is currently not enough support for an amnesty clause among NBA owners as they continue negotiations for a new deal with the National Basketball Players Association, sources told

Under the new deal, players are expected to be able to sign contract extensions two years after the date of their original signing. Currently, they have to wait three years.

Restricted free agents also will be able to agree to offer sheets with teams starting on July 1 instead of waiting until July 7. The window for teams to match these offer sheets will be reduced from 72 hours to 48 hours.

Also, teams will no longer be able to pull qualifying offers to restricted free agents, as is currently allowed before July 31.

Adrian Wojnarowski of Yahoo Sports:

Two-way contracts between the NBA and NBA Development League will offer teams the chance to add 16th and 17th roster spots, and pay players differently based upon their assignments in either the league’s minor league or as part of the parent team, league sources said.

I’m unsurprised the new CBA won’t include an amnesty clause. When the salary cap rapidly escalated under the new national TV contracts, it made it very difficult to find onerous contracts. The few teams with amnesty-worthy deals probably can’t convince other owners to approve an amnesty clause. The other owners don’t want to give a small minority of teams a competitive advantage. Though amnesty is good for players – amnestied players still get paid and then have the freedom to choose a new team, and it creates an immediate job opening – not enough of them would benefit to push this.

Allowing contract extensions sooner can be helpful, but it doesn’t get to the crux of why the current CBA made veteran extensions too prohibitive. Extensions can add only a maximum of three years to a contract. Too often, players prefer to wait for free agency, when the max contract length is four or five years.

I’m unsure what it would look life if only restricted free agents, not unrestricted free agents, can sign July 1. There has been talk of eliminating the moratorium, though the feasibility of doing so is questionable. Windhorst doesn’t address unrestricted free agents, but omitting them suggests their status won’t change – but I’m skeptical. If restricted free agents can sign before unrestricted free agents, will teams rush to sign players to offer sheets and fill cap space before unrestricted free agents become available? That’s essentially the opposite of the current system. Reducing the matching window is good. Teams used to have seven days to match an offer sheet, but contract details are no longer relayed through standard mail and fax. With the instantaneousness of the internet, there’s no need to hold people in limbo even three days.

Keeping qualifying offers binding is another good move. I’m honestly surprised the league has avoided a dispute over whether a player accepted a qualifying offer before it was pulled. This change removes the possibility of a squabble and puts a fair onus on a team to stand by its qualifying offer. If you’re going to make a player a restricted free agent, you shouldn’t have the right to cool the market on him and then pull his qualifying offer only once conditions change.

Additional NBA roster spots are not my preferred direction for greater D-League integration, but perhaps it’s the best bridge. NBA teams will pay D-League players more if those teams get exclusive rights on the players. Because players on D-League contracts are NBA free agents, no matter which affiliate they’re on, NBA teams have little incentive to pay major money to D-Leaguers. I’d prefer NBA teams hold the NBA rights of everyone on their D-League affiliate, but not  every team has an affiliate. Perhaps, once that changes, this system will be tweaked. This solution is fine for now.

Nuggets tout "white pride" uniforms


The Nuggets unveiled an awesome sleek white uniform last year. They called it their “WHITEGOLD” alternate, and it was part of the NBA’s “Pride” series of uniforms.

So far, so good. Denver had a clean new look and another source of revenue from jersey sales.

But, after some hiccups last year, the Nuggets have crossed words rather ham-handedly.

As captured by Daniel C. Lewis of Denver Stiffs, this is how the team’s official website listed the alternate-jersey schedule:

This isn’t a “real” problem. It’s poor wording and looks ridiculous. But it doesn’t actually harm anyone.

The page has since been taken down. My guess is it will return with better phrasing.