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.

Is DeMarcus Cousins MVP worthy? “It’s mine to grab”

DeMarcus Cousins

Last season, DeMarcus Cousins received zero MVP votes (the same as every year of his career). Even though he averaged 24.1 points, and 12.7 rebounds a game, which was enough to get him his first All-Star berth, MVP is another thing entirely. Only players on winning teams tend to draw the attention of MVP voters.

This season, can Cousins — arguably the best center in the game — get in the conversation?

He thinks it’s more than just that, he told Kevin Ding at Bleacher Report.

The topic is the 2015-16 NBA MVP award and whether it could be reachable for DeMarcus Cousins.

“Reachable, man?” Cousins told Bleacher Report, his voice rising high. “It’s mine to grab.”

As noted above, the only way Cousins gets into the conversation — fair or not — is if the Kings are in the playoffs (at the very least). He understands that.

“It’s going to take a full team effort,” Cousins said. “I’ll try to play at a high level and bring my team along with me.”

Vlade Divac built a Kings’ team designed to start winning now — as you would expect from a team a year away from moving into a new arena they need to fill. Owner Vivek Ranadive is not about selling hope anymore, he wants to sell wins.

I think Cousins can help provide that.

I’m less sold on the cast around him being able to help.

PBT Extra bold prediction preview: Markieff Morris will be a happy Sun

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After a bumpy season where the he fought with Suns coaches, then a summer where he and his twin Marcus felt they were blindsided by a trade, Markieff Morris has been plenty vocal about his unhappiness in Phoenix. To the point it has cost him some serious cash.

So what should we expect from Markieff Morris’ upcoming season?

Relative calm, I tell Jenna Corrado of NBCSports in this latest edition of PBT Extra previewing the NBA season.

The reasons are twofold. First, he has to realize the Suns aren’t trading him anyway (especially not while he publicly demands a trade, lowering his trade value). Second, can you imagine how new locker room leader Tyson Chandler is going to react to that? Chandler was brought in to fill a leadership void in the locker room, and you can bet he will make his displeasure at such team-disrupting antics known.

Still not sure if that’s enough to get the Suns to the playoffs.