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.

Kevin Durant gets into Twitter debate with reporter over White House comments

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Kevin Durant became the latest Warrior — joining Stephen Curry, Andre Iguodala, and Shaun Livingston, that we know of — to say he would not visit President Donald Trump’s White House as NBA champion. Which is all kind of moot because it’s unlikely the White House invites them and outspoken Trump critic/Warriors coach Steve Kerr and his players any way. (The White House’s biggest concern should be that Kerr accepts the invitation and uses that platform to challenge the president’s policies and style in front of him.)

Durant’s comments led to plenty of talk on sports talk radio and around the sports world online about whether a player or team should decline an invitation from the president. It’s not a new debate, Tom Brady denied that politics is why he didn’t visit Barack Obama’s White House (although I’m not sure many believed him), but KD’s on a big stage now so it became a talking point.

Former ESPN reporter Britt McHenry questioned a player not visiting the White House, and Durant responded, leading to a little Twitter back-and-forth.

Durant had previously Tweeted in response “by doing the opposite, I am inspiring more people” but that Tweet was deleted.

There is no one correct way to protest a person/policy/action, McHenry may see things differently, but Durant has chosen to stay away. That’s valid — traditionally these “champions to the White House” things are tedious photo ops with a few bad jokes thrown in. Having a hoops fan/player in Obama in the White House made the NBA visits more entertaining the past eight years, there was some trash talk, but still, they are largely just a public relations moment. If KD doesn’t want to play the PR game with Trump, that’s a legitimate response.

This has all been a tempest in a teapot. Until/unless the White House actually invites the Warriors to come, it’s all kind of moot.

Dwight Howard on Hornets’ coach Clifford: “It’s a great feeling when somebody believes in you”

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Dwight Howard‘s game is much better than his reputation among fans.

He’s not the Defensive Player of the Year/All-NBA/MVP candidate level player he was back in Orlando, but Howard is still one of the best rebounders in the game, he’s strong defensively, and he’s an efficient scorer inside. He’s a quality center, if he plays within himself and is used well. His perception as a guy who does not take the game seriously and held back Houston and Atlanta in recent years has validity (he plays better in pick-and-roll than on the move, but wants the ball in the post), but the idea he is trash is flat-out wrong. He’s still good.

Howard wants to change his reputation, rewrite the final chapters of his career, and told Adrian Wojnarowski of ESPN that Steve Clifford’s Charlotte Hornets are the place that is going to happen.

“The other places I was, the coaches didn’t really know who I am,” Howard told ESPN. “I think that they had perception of me and ran with it. Cliff knows my game. He knows all the things that I can do. I’m very determined to get back to the top. It’s a great feeling when somebody believes in you. They aren’t just saying it; they believe it. It really just pushed me to the limit in workouts: running, training, everything. I want to do more.

“In Orlando, I was getting 13-15 shots a game. Last season, in Atlanta, it was six shot attempts. It looks like I’m not involved in the game. And if I miss a shot, it sticks out because I am not getting very many of them. But I think it’s all opportunity, the system. I haven’t had a system where I can be who I am since I was in Orlando.”

Howard averaged 8.3 field goal attempts per game in Atlanta, which is about five a game below his peak. Last season 75 percent of Howard’s shots came within three feet of the rim — is is not there to space the floor, however, he can still move fairly well off the roll and is a good passer for a big.

Last season, 28 percent of Howard’s possessions came on post ups, and he averaged a pedestrian 0.84 points per possession on those. On the 21 percent of shots he got on a cut, he averaged a very good 1.36 PPP. When he got the ball back as a roll man (again on the move), it was 1.18 PPP. The challenge long has been Howard is better on the move but doesn’t feel involved unless he gets post touches, and if he doesn’t feel involved and engaged he’s not the same player.

Maybe Clifford can make this all work with some older plays where Howard feels comfortable.

Charlotte, with Howard in the paint and on the boards, should get back to being a top 10 NBA defensive team, not the middle of the pack as they were last season. Clifford is better than that as a coach, and Howard is an upgrade in the paint (on both ends). Charlotte should be a playoff team again in the East.

But it all will come back to Howard. Fair or not. And Wojnarowski is right, this is Howard’s last best chance to write the ending he wants to his career.

Friday afternoon fun: Watch James Harden’s 10 best plays from last season

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James Harden had a historic season in Houston.

Since it’s Friday afternoon and your sports viewing options consist of watching guys about to be cut from NFL rosters try to impress, why not check out Harden’s best plays from last season. It’s worth a couple minutes of your time.

Mavericks sign Jeff Withey to one-year contract

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Jeff Withey‘s ex-fiancée accused him of domestic violence, but he was not charged.

That frees him to continue his basketball career, which he’ll do in Dallas.

Shams Charania of Yahoo Sports:

The Mavericks could use another center, even if they re-sign Nerlens Noel. Salah Mejri is the only other true center, though Dirk Nowitzki will now play the position.

Withey is a good rim protector. Just don’t ask him to do anything away from the basket.

Dallas annually brings excess players to training camp and has them compete for regular-season roster spots. Whether or not his salary is guaranteed, Withey will likely fall into that competition.