Players consolidate lawsuits, but court ordered talks best hope


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.

Report: Lakers were fined over Magic Johnson’s tweets

CHICAGO, IL - OCTOBER 15:  Earvin 'Magic' Johnson attends game one of the National League Championship Series between the Chicago Cubs and the Los Angeles Dodgers at Wrigley Field on October 15, 2016 in Chicago, Illinois.  (Photo by Jonathan Daniel/Getty Images)
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Last May, Magic Johnson tweeted that the Lakers chase LeBron James, Kevin Durant and DeMar DeRozan in free agency. All three players were still under contract with their teams until July 1.

In response to that apparent tampering, the Lakers announced Johnson had asked the team to remove his title of Vice President.

Too little, too late.

William Weinbaum and Steve Delsohn of ESPN:

Outside the Lines learned this week — and confirmed with a senior Lakers official — that the NBA fined the team over Johnson’s communiques about players under contract to other teams.

If Drake got the Raptors fined for tampering by pitching Durant during a concert, the Lakers deserved this fine.

Report: LeBron James unhappy Tristan Thompson is dating Khloe Kardashian

FILE - In this Jan. 6, 2016, file photo, Khloe Kardashian participates in the panel for "Kocktails with Khloe" at the FYI 2016 Winter TCA in Pasadena, Calif. Kardashian is calling her sister's robbery on Oct. 3, in Paris "a wake up call for everybody" but is pushing back against criticism that Kim Kardashian West had been too public in displaying her wealth. (Photo by Richard Shotwell/Invision/AP, File)
Richard Shotwell/Invision/AP

Tristan Thompson and Khloe Kardashian are dating. There are mixed reports about whether they’re engaged.

No matter their exact terms of their relationship, it brings increased attention to the Cavaliers – who are already in the spotlight as LeBron James‘ team and the defending NBA champions.

LeBron might not welcome increased scrutiny.

Gabriella Ginsberg of Hollywood Life:

LeBron James hasn’t been happy that Tristan Thompson is dating drama magnet Khloe Kardashian, and we hear that the teammates had a locker room showdown before the Cavs’ home opener game.

“Tristan isn’t taking any crap from his teammates anymore. As far as he’s concerned, Khloe’s coming to every damn game she chooses,” the insider reveals. “Tristan told LeBron straight up before last night’s game that Khloe was coming and that was that.”

There’s nothing wrong with LeBron, as a friend, advising Thompson about his personal life. They share an agent, Rich Paul, and that obviously means a lot to LeBron.

But at a certain point, LeBron should back off. Neither coworkers nor friends have a right to determine who someone dates.

Justise Winslow posts photo with 76ers forward Jerami Grant raising fists, captions it ‘WE MATTER’

MIAMI, FL - SEPTEMBER 26: A portrait of Justise Winslow #20 of the Miami Heat on September 26, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images)
Rob Foldy/Getty Images

76ers players are unsure how to respond to their franchise blocking Sevyn Streeter from singing the national anthem because she wore a “WE MATTER” jersey.

Justise Winslow is seemingly trying to nudge Philadelphia in a certain direction.

The Heat forward posted a photo with himself and the 76ers’ Jerami Grant raising fists and captioned it “WE MATTER”:

I’m unsure when this photo was taken, but my best guess is after the Miami-Philadelphia preseason game – which was preceded by the national-anthem singer kneeling during her performance.

Thabo Sefolosha throws down reverse dunk in transition (video)

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Was Hawks forward Thabo Sefolosha making the smart play to beat the defender or just showing off?

Either way, I’m glad he did it.