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.

It’ll make sense when you watch it: Steven Adams uses Al Horford to scratch his head

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Look, Steven Adams is a weird guy. He’s always answering questions with weird, unrelated scientific terms or calling former teammates “dicks” with a smirk on his face. Adams has a subtle and fun personality.

This? This isn’t so subtle.

As the Boston Celtics took on the Oklahoma City Thunder on Tuesday night, it was time for a regular old free throw. The kind that happens all the time during NBA games. But Adams, apparently bored with how they usually go, wanted to mix up his routine on the lane line for this one.

That’s when he apparently decided to use Al Horford‘s right forearm as a means to scratch his own head.

Just … just watch the video:


I don’t know either.

Meanwhile, Marcus Morris beat the Thunder with 1.8 seconds to go. Oof.

Marcus Morris hits game-winning shot to send Celtics over Thunder (VIDEO)

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On a night without Kyrie Irving, the Boston Celtics still found a way to grind out a win.

As the rising Oklahoma City Thunder came to Massachusetts, a slow-scoring game evolved as a game of the NBA’s best defenses came together. Still, the Thunder were in the lead and looked to be on their way to their 44th win of the season.

But despite having a six-point lead with 24 seconds left, Oklahoma City choked an important game away late down the stretch.

It started with Jayson Tatum hitting a quick bucket with 17.6 seconds to go. Russell Westbrook was fouled, but missed one of his two free throws. That set the stage for Terry Rozier to hit a 3-pointer with 12.7 seconds left.

Then, astonishingly, Carmelo Anthony missed two straight free throws.

That’s when Marcus Morris stepped in:

Oof. You don’t expect Oklahoma City to come out flat like that against a depleted Celtics squad, and you certainly wouldn’t think they could clunk away the victory from the free-throw line.

It was a gutsy win for Boston and one of the worst losses of the season for the Thunder since the righted the ship around Christmas.

Royce White critical of how Rockets handled his mental health situation

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Royce White had an NBA story that was up-and-down, and complex. White, drafted by the Houston Rockets 16th overall in the 2012 NBA Draft, has a well-documented anxiety condition that disallowed him from flying with the team to games.

Things didn’t work out in Houston, and the last time White was in the NBA was during the 2013-14 season. He played a total of nine minutes in three games for the Sacramento Kings, and then White’s career was over.

Now, with the sudden influx of players making public their owns struggles with mental healthDeMar DeRozan and Kevin Love most recently — White has suddenly been thrust back into the conversation. While Ron Artest might be one of the first players of the modern era to openly speak about mental health, White is the go-to guy for comparative statements these days.

And, what White has to say isn’t all that great for the NBA or the Houston Rockets.

Speaking to Yahoo! Sports’ Dan Devine, White said recently that he doesn’t believe the NBA truly cares about mental health just yet. Even further, White said he felt the Rockets and GM Daryl Morey were trying to guard themselves from a liability standpoint when the player and the team negotiated a deal to try to make things work with the Rockets.

Via Yahoo! Sports:

White says that Rockets personnel told him in 2012 that establishing a comprehensive written plan for managing his anxiety disorder would be “impossible,” because doing so would set a precedent “for any league-wide issue regarding mental health.” He says that, after negotiating with the Rockets and the NBA over allowing White to take a bus to certain games to reduce the number of flights he’d have to take in a season — a compromise he was told the league initially rejected because it would constitute an illegal circumvention of the salary cap — Houston deactivated him for the first preseason game he took a bus to, as a punishment for pressing the issue.

White says that, in a later meeting in which he and a team of medical professionals planned to present a draft of a mental health policy to be added to his contract, Houston general manager Daryl Morey said he didn’t know that White suffered from generalized anxiety disorder before drafting him.

It also made him feel like the Rockets might be trying to set up a way to void his guaranteed contract if he didn’t comply with their requirements.

“[Morey] was in a mode where he thought that he could bully me,” White said.

According to Devine, White also says he doesn’t think the most recent stories of mental health awareness will be the triggering factor in a new wave for the league. “White expressed skepticism that revelations by DeRozan, Kevin Love, Kelly Oubre and others would really lead to a sea change in the way the NBA addresses issues of mental health,” wrote Devine.

Vince Carter mocks Blake Griffin complaining to ref (video)

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What goes around came around for Blake Griffin, who hysterically impersonated Austin Rivers while both played for the Clippers.

As Griffin argued a foul he drew should have been a shooting foul during the Pistons’ win over the Kings last night, Vince Carter imitated him – not so flatteringly:

Carter just became a hero to referees everywhere tired of Griffin’s incessant complaining.