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.

Jerry West on NBA Draft: “I don’t know how you could pass Zion Williamson”

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A rumor started buzzing around NBA Twitter last week, a second-hand report that NBA legend and Clippers’ consultant Jerry West was praising Murray State guard Ja Morant, saying he would take him in front of the presumptive No. 1 pick Zion Williamson.

The source of that rumor: comedian Jeff Garlin, saying it on the Dan Patrick Show.

Jerry West himself went on the Dan Patrick show Thursday and shot that down saying “it Would Be Like Passing Jordan in the draft.”

Two players were picked in front Jordan in the 1984 Draft. The Houston Rockets took Hakeem Olajuwon, and while Jordan went on to be Jordan nobody can fault the Rockets for how this picked turned out — two titles and a Hall of Fame big man in your organization is an amazing draft.

The one everyone talks about was Portland at No. 2, when executive Stu Inman and coach Jack Ramsey decided they were set on the wing in Clyde Drexler and needed a big man, so they selected Sam Bowie out of Kentucky. Bowie might have had an excellent NBA career if injuries had not plagued him, but he was no Jordan. It’s the ultimate NBA cautionary tale — draft the best player on the board, not according to need.

Williamson is projected by teams as the best player on the board. By far. Even the Morant fans have him a clear second. Plus, Williamson comes in hugely popular and a brand unto himself — he will sell tickets and sponsorships. Not drafting him would be a stupid business decision, not to mention a basketball one.

Whoever lands second in next month’s draft lottery will do well with Morant. Whoever is third will likely get R.J. Barrett out of Duke and… let’s just say that’s where it gets interesting.

Likely top-10 pick Jarrett Culver of Texas Tech makes it official, declares for NBA Draft

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We all knew this was coming, but on Thursday he made it official:

Texas Tech’s Jarrett Culver is declaring for the NBA Draft, where he is expected to be a top-10 pick. He made the announcement at a rally on the Tech campus Thursday, then took his message to social media.

Culver, a 6’6” wing player, passes the eye test for an NBA wing, he can shoot from the outside (he only hit 30.4 percent from three this season, but it was 38 percent the season before and his stroke looks good), he can put the ball on the floor and get inside, and he may have the best feel for the game of any wing prospect in this draft. The only question is athleticism — he’s not a classically explosive, and the NBA is loaded with freak athletes on the wing.

Still, Culvert looks like a rotation wing player with the potential to be more, and that should land him comfortably in the top 10 in this draft (likely 5-8).

Nuggets take 13-game losing streak in San Antonio into Game 3

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In 2009, Carlos Boozer had 18 points and 11 rebounds in the Jazz’s win over the Spurs. Paul Millsap backed him up.

A couple months later, Boozer had 31-13 in another Jazz win over the Spurs. Again, Millsap backed him up.

Late in the 2012-13 season, rookie Damian Lillard led the Trail Blazers to a blowout of the Spurs. Will Barton played three minutes in garbage time.

Those are the only three times current Nuggets starters have won in San Antonio.

After splitting the first two games of their first-round series in Denver, the Nuggets must win at least once in San Antonio to advance. The first opportunity comes in Game 3 tonight.

Denver has lost 13 straight road games against the Spurs – a drought longer than the careers of Nikola Jokic, Jamal Murray and Gary Harris. The Nuggets’ other starters didn’t fare much better before joining Denver. Barton went 1-5 in San Antonio with Portland. Millsap went 2-20 in San Antonio with Utah and Atlanta.

Even several notches below their dynasty status, the Spurs remain especially tough at home.

The Spurs went 32-9 at home and 16-25 on the road this season. Maybe that’s an aberration in a limited sample. But they also went 33-8 at home and 14-27 on the road last season.

That’s a 79% win percentage at home and 37% on the road. The last time a team had such a large disparity over a two-year span was the 2008-2009 Jazz.

This might just be San Antonio’s post-Kawhi Leonard identity.

Here are the largest home-road win percentage differences in the last decade:

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There’s another possibility: It’s not that the Spurs are that good at home. It’s that they’re that bad on the road.

But San Antonio trailed only the Nuggets, Bucks and Raptors in home record this season.

The Spurs also won Game 1 in Denver, where the altitude has historically given the Nuggets a strong homecourt advantage. If Denver dropped that game to a lousy road team, that’d be its own problem.

Either way, the Nuggets have a real challenge on their hands.

Kevin Porter Jr. a possible lottery pick heading into 2019 NBA draft

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Kevin Porter Jr. missed more than a quarter of his freshman season at USC due to injury. He missed another couple games due to suspension. When he played, he usually came off the bench. He’s only 18.

But Porter has already shown enough to impress NBA teams.

Porter, via Jonathan Givony of ESPN:

“I will be declaring for the 2019 NBA draft and I will be signing with Roc Nation Sports,” Porter told ESPN.

Porter has a wide possible range in the first round, because there’s a massive gap between his ceiling and floor. But it shouldn’t take too long for a team to bet on his upside.

A 6-foot-6 shooting guard with a 6-foot-9 wingspan, Porter has a special combination of shiftiness and power with the ball in his hands. He can attack the rim and finish above it. He can also pull up for jumpers.

I don’t trust his 41% 3-point shooting at USC. That came on only 68 attempts, and he made just 52% of his free throws (though that was also on an unreliably small sample, just 46 attempts). But his stroke looks compact and smooth.

Porter can be an impressive passer. Right now, that’s more so making quick and correct standstill reads than distributing while driving.

If he improves his handle, that could really tie together all his skills.

Porter forces too many bad shots. He’s not attentive enough defensively. There are questions about his maturity.

But if he pans out at the next level, he could be awesome.