Players consolidate lawsuits, but court ordered talks best hope

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If you were holding out hope that David Stern and Billy Hunter were going to be having pleasant phone conversations over the holiday weekend, and that the NBA on Christmas still could happen, well, we’re sorry.

The next NBA owners and players negotiations will likely be because a judge ordered them, a source close to the labor dispute told ProBasketballTalk.

Those talks — and maybe a settlement out of them — would happen in the coming weeks, in time to have a partial NBA season. And when those talks start there will be significant pressure on both sides to reach an agreement, more than there has been at any point up to now.

On Monday, the players voluntarily withdrew their case in Northern California and will amend their case in Minnesota. It is now a consolidated case of the two, but still a class action on behalf of the players, something attorneys for the players said would speed the process along. Carmelo Anthony remains the first name on the lawsuit, other players listed include Chauncey Billups, Kevin Durant, Steve Nash, Rajon Rondo and more.

The league responded to that with some legal jabs, because that’s what they do.

“We assume that (lead players attorney David) Boies was not happy with either the reassignment of the case from Oakland to San Francisco or the fact that the new judge scheduled the first conference for March 2012,” said Rick Buchanan, NBA Executive Vice President and General Counsel. “This is consistent with Mr. Boies’ inappropriate shopping for a forum that he can only hope will be friendlier to his baseless legal claims.”

The league was forum shopping with its preemptive lawsuit back in August, but whatever. The league has until Dec. 5 to answer the claim, they likely will do by calling the union’s “disclaimer of interest” a sham. Bottom line for fans, if it comes to the judge deciding this case you can kiss the current season goodbye. Fans need to hope for a different resolution.

Over the weekend, we had passed along a report that there had been some recent “back channel” negotiations going on between the league and the players association.

That talk is “nothing significant” PBT was told. That’s not going to help.

Instead the battle remains on the antitrust legal front. The players’ attorneys are pushing for summary judgment (not an injunction, as the NFL tried and failed to get). Still, summary judgment hearings would not happen until the spring (April or May), which means by then the 2011-12 NBA season would be lost.

Hope of a partial season springs from the fact in the next few weeks (likely after Dec. 5) we can expect the judge to order more mediated negotiations between the two sides, PBT was told. Mandated mediation is commonly part of anti-trust lawsuits, essentially a chance for the judge to make sure the two sides really want to go down this path. To give the sides one more chance to settle their differences without a judge involved. (It is possible one side picks up the phone and calls the other to ask for a negotiating session, but that is the less likely scenario. The owners have said they wouldn’t do that and players attorney Boies said he would not because the league is not receptive.)

A judge likely will order mediated negotiations by the middle of December if not before, according to the source. Talks would start soon after. This would be similar to the talks when federal mediator George Cohen sat down with the sides last month.

The one key difference would be the level of pressure on both sides to figure this out — the players do not want to lose a season of salary ($2.2 billion), the owners do not want to lose a season of revenue (at a much higher percentage for them than the last deal), plus neither side wants to damage the game by costing a full season. What is the point of fighting over how to divide up the revenue pie if the pie itself gets smaller?

In addition, the threat of summary judgment — which would certainly be a huge loss for whichever side did not convince the judge of its case — is another motivation for both sides to figure this out.

The challenge is that people from both the owners and players have suggested they will come into the next negotiations with the last offer they made off the table. Stern has threatened a “reset” offer of 47 percent of BRI for the players and a “flex cap” that is really a hard cap. The players have suggested in kind their last offer of a 50/50 BRI split with more system issues leaning in their favor is something the owners may never see again.

This is not where either side wanted to end up. Union officials have said that the disclaimer of interest was the route of last resort — they wanted to negotiate in good faith. That’s why they didn’t decertify in July or August, they thought this could be worked out. After David Stern’s last ultimatum they felt they had no choice. League officials will tell you they expected this — which is why they filed a preemptive suit back in August — and that the union had bad timing to do disclaim interest now. The league says it has given far more than many owners wanted just to make a deal.

For better or worse, the courts are involved now. For fans they can just hope that the upcoming mediation sessions will turn out different than the last ones.

Tyronn Lue says he has secret plan to fix Cavaliers’ defense for playoffs

AP Photo/Phil Long
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Only one team that ranked outside the top 12 in points allowed per possession during the regular season won an NBA title. The 2000-01 Lakers, who were 21st in defensive rating, are the lone outlier.

The Cavaliers rank 22nd in defensive rating this season and have been even worse lately.

But Cleveland coach Tyronn Lue says he has a plan. He just won’t reveal it yet.

Lue, via Joe Vardon of Cleveland.com:

“We’ve got to hold back. We can’t show our hand early because … these are some good teams and we don’t want them to be able to come into a series and be able to adjust to what we do. We just have to be able to play our normal defense until we get there and then we will see what happens.”

Also:

“I think the rebounding hurt us. Rebounding. But it will be different once some other things happen. … Their two-guards, their threes, they still crashed the boards. But we have something to fix that. Just not right now.”

What precisely those plans are, Lue wouldn’t tell us. And here’s the other part — he’s not exactly sure they’ll work.

“I’m not confident, but we’ve got to” get the defense fixed, Lue said. “We have to.”

The Cavs ranked just 10th in defensive rating last season, among the worst marks for an eventual champion. But they cranked up their defense in the playoffs, especially late. Cleveland held the Raptors 4.8 points per 100 possessions below their regular-season scoring rate and the Warriors 7.8 below theirs.

Lue also unleashed a 3-point-heavy attack in the playoffs last year after sitting on the strategy through the regular season.

So, I have some faith Lue will implement a better defensive gameplan when it counts. It also helps to have LeBron James, who can still play elite defense when not in the slog of a long regular season.

But the Cavaliers’ defensive deficiencies right now are glaring. This roster appears to lack defensive potential, and their many miscues keep them well below whatever that potential is.

The challenge in elevating this defense to championship-caliber will be immense, maybe even unprecedented.

Mavericks’ Salah Mejri dunks while getting shoved in the gut (video)

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The Mavericks built a 13-point lead over the Thunder with 3:30left thanks to plays like this Salah Mejri dunk on Nick Collison.

Unfortunately for Dallas, Russell Westbrook happened.

Willy Hernangomez dunks on Andre Drummond, Pistons’ playoff chances (video)

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Andre Drummond and the Pistons couldn’t slow down anything.

Not Willy Hernangomez. Not the Knicks. Not Detroit’s plummeting playoff hopes.

After a 109-95 loss to the Knicks last night, the Pistons — who’ve lost four straight and seven of eight — are 1.5 games and two teams out of playoff position.

Terrence Ross 360 dunks his way back into Raptors fans’ hearts (video)

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In his first appearance in Toronto since the Raptors traded him to the Magic, Terrence Ross did what he has done best throughout his career: Delight Toronto fans with a dunk.

And of course the fans appreciated it, because their Raptors cruised to a 131-112 win.