Players consolidate lawsuits, but court ordered talks best hope

3 Comments

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.

Warriors put up historic 45 in first quarter on way to 128-103 Game 4 rout, sweep of Blazers

Associated Press
Leave a comment

This game was never in doubt. Much like the entire first-round series.

Golden State had Kevin Durant back and he hit a three to open the game, and pretty soon the Warriors had stretched the lead to 12-0 on a Klay Thompson three.

That led to the Warriors putting up a historic 45 points in the first quarter, the most in an NBA first quarter ever. The Warriors were up 23 after one, and never looked back on their way to a 128-103 Game 4 rout, completing the sweep of Blazers.

There’s not much to analyze here, this game is was similar to so many games over the past couple seasons where the Warriors overwhelmed their opponents. Portland fought, but this was not going to be their series. Here are some highlights.

Stephen Curry had 37 points, Draymond Green 21, and Klay Thompson had 18.

Damian Lillard had 34 points for Portland.

It may have been a disappointing ending to the season for Portland, but the team found a center late this season in Jusuf Nurkic who balances out what Lillard and C.J. McCollum bring on the outside. The Blazers have to figure out become a better defensive team this summer, but they took a step forward after the All-Star break that they can build on.

The Warriors will get some rest before taking on the Jazz or Clippers in the next round.

Hawks battle back to knot series with Wizards, 2-2

Leave a comment

Paul Millsap shoved Markieff Morris out of the way, grabbed an offensive rebound in the middle of the paint and pushed through a shot while Marcin Gortat bumped him to the floor.

The Wizards knocked down Atlanta. They didn’t stop the Hawks.

Millsap and Atlanta showed plenty of fight, topping Washington 111-101 in Game 4 Monday to tie their first-round series 2-2 after falling behind 2-0.

Have the Hawks seized meaningful momentum? History says no.

Teams that have won the first two games of a best-of-seven series at home then lost the next two on the road have won 81% of the time. The Wizards’ regular-season superiority still speaks loudly, and up to two more home games – starting with Game  5 Wednesday – also help.

Still, credit Atlanta for making the series competitive after digging such a big hole.

Millsap (19 points, nine rebounds, seven assists and two steals) soundly outplayed Markieff Morris (nine points on 3-of-10 shooting, -10) in the latest round of their personal feud. Millsap also got plenty of help with seven Hawks scoring double digits.

Kent Bazemore (16 points, seven assists and three steals) played meaningful defense and hit a couple big shots. Jose Calderon (10 points, five assists, +29 in 20 minutes) provided a huge spark. Dwight Howard (16 points and 15 rebounds) asserted himself for the first time this series. Taurean Prince (11 points on 5-of-7 shooting) picked his spots well. Dennis Schroder (18 points on 6-of-15 shooting) had his ups and downs. Tim Hardaway Jr. (15 points) at least offset some of his defensive shortcomings.

This was a total team win.

Washington, on the other hand, got little outside its starting backcourt. Bradley Beal (32 points) thrived, and John Wall (22 points and 10 assists) was still good in an off-by-his-standards performance. But the Wizards crumbled when either sat – especially with both on the bench in the late third/early fourth quarters. Erasing those few minutes with staggering would’ve helped, though it wouldn’t have been the answer tonight.

This has become a far less certain series than Washington hoped, but the Wizards don’t need a wild fix. They just need their top players to play better. Maybe going home will help.

Raptors break out best game of postseason, rout Bucks 118-93 to take 3-2 series lead

Associated Press
2 Comments

Norman Powell was draining threes, throwing down dunks that would have won the contest All-Star weekend, and he finished with a career playoff-high 25 points on just 11 shots. Plus defensively he caused Khris Middleton trouble.

The Raptors finished with 28 assists, the most in a playoff game since Dwane Casey took over as coach.

Toronto shot 57.7 percent overall, a franchise playoff best.

The Raptors bench played well pitching in 27 points and growing the lead when they were in, part of an overall strong night from the role players in Toronto.

Combine that all with the expected good nights from Kyle Lowry and DeMar DeRozan and you get the Raptors best game of the playoffs. It looked like a different team than the one in Milwaukee.

Toronto raced out to an early lead and went on to rout the Bucks 118-93, giving the Raptors a 3-2 series lead.

This was a game where the Bucks tried to force the ball out of the hands of Lowry and DeRozan as much as they could, using their length and athleticism. However, Lowry had 10 assists, and DeRozan would get the ball off pindown screens and feel the double coming, move the ball, and another quick pass or two later the role-playing player Raptors were getting good looks and knocking them down. Or throwing it down like this.

Or this.

Toronto just looked more comfortable against the Bucks pressure, having seen it for so many games in a row, than they have all series.

Powell had 25 points for Toronto, Serge Ibaka had 19 and three blocks, Lowry had 16 points and 10 assists, DeRozan had 18 points and six assists, even DeMarre Carroll had 12 points on six shots.

The question for the young Bucks team is how does it bounce back from this kind of loss in the biggest NBA game most of them have ever played? Can they get their defensive edge back?

“We’re going to miss some shots, and we can’t let our offense dictate our defense,” Bucks coach Jason Kidd said postgame. “And also the turnovers, again. Right off the bat we had three…

“Our defense kind of got hit there in the first quarter, we knew that they were going to come after us, we had to expect that. And we just couldn’t respond.”

The Bucks had some runs in the second quarter and got the lead to nine at one point, but the Raptors always seemed to be in control.

Giannis Antetokounmpo had another strong game with 30 points on 12-of-19 shooting, and rookie Malcolm Brogdon pitched in 19 points on 11 shots, but for the most part the Bucks struggled with their offense in this game. As their coach noted — and as often happens to young teams — they let their offensive woes impact the other end of the court.

At home, the Bucks will likely feel more comfortable, and they will fight for their playoff lives.

The question is, can the Raptors be this sharp again and close them out? Or will the yo-yo nature of this team continue?

 

Kevin Durant will play in Game 4 for Warriors vs. Trail Blazers

Getty Images
Leave a comment

In case you were curious how serious Golden State was about closing out Portland in four…

After missing the last two games with a strained calf, both Warriors wins to put them up 3-0 in the series, the Warriors are bringing back Kevin Durant for Game 4.

Steve Kerr is also out tonight for Golden State, Mike Brown will coach the team.

There was buzz that Durant could have gone in Game 3 if needed, but the Warriors felt confident they would win without him and they don’t want this injury to linger. There’s no more holding him back now.

Durant averaged 25.1 points a game, and thanks to the space created by the other stars on the team had his most efficient season, with a true shooting percentage of 65.1. He also pulled down 8.3 rebounds a game, dished 4.9 assists, and had his best defensive season in a long time as well. If not for an injury after the All-Star break that had him missing games, he would have made a lot of voters’ All-NBA team.

He adds to Golden State’s size advantage against Portland. The Warriors would like to close out the series tonight and get additional rest before facing the Clippers or Jazz in the next round.