Players consolidate lawsuits, but court ordered talks best hope

3 Comments

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.

LeBron, other NBA players react to Kyrie Irving trade to Mavericks

Dallas Mavericks v Brooklyn Nets
Jesse D. Garrabrant/NBAE via Getty Images
0 Comments

Is there going to be a football game of some kind next weekend? You’d never know the way the NBA trade deadline can dominate the headlines.

Kyrie Irving is getting traded to the Mavericks, which has blown up the NBA world — Dallas looks like a threat in the West, and there is a countdown clock over Kevin Durant‘s time in Brooklyn. It wasn’t just fans and pundits stunned by the news, NBA players past and present took to Twitter and social media to react and give their thoughts on the Irving trade. Starting with LeBron James and one of the guys in the trade.

Nets reportedly trade Kyrie Irving to Mavericks for Dinwiddie, Finney-Smith, picks

Milwaukee Bucks v Brooklyn Nets
Dustin Satloff/Getty Images
0 Comments

Dallas desperately needed a second star and shot creator to go next to Luka Dončić.

They got one — Mark Cuban has always been willing to take risks to win. The question about how long this can last comes later.

The Nets are trading Kyrie Irving to the Dallas Mavericks for Spencer Dinwiddie, Dorian Finney-Smith, their unprotected 2029 first-round pick their 2027 and 2029 second-round picks, according to multiple reports.

Irving is reportedly “ecstatic” to make the move to Dallas (the hard questions about a future contract will wait until after the season).

Irving reportedly will land in Dallas Monday, take the standard post-trade physical, and could be available for the Mavericks on Wednesday against the Clippers.

Brooklyn had several suitors to choose from but wanted in return players it could slot in around Kevin Durant now (or, once he is healthy and returns) so they could still have a puncher’s chance to win the East. Dinwiddie gives Brooklyn a point guard and shot creator who can play some off the ball — and he returns to Brooklyn, where he made a name for himself in the league. Finney-Smith is a coveted two-way wing who can step in right now. Plus, the Nets add some potentially valuable picks down the line.

That offer gave the Nets more win-now possibilities than they got out of the Lakers’ offer (two future first-rounders and Russell Westbrook) or what the Suns and Clippers put in the mix.

There are questions for Dallas, but ones they believe they can answer — elite talents figure out a way to make it work on the court. Off the court, it helps that both coach Jason Kidd and former Nike executive turned Mavericks GM Nico Harrison have strong relationships with Irving. That’s a start.

The pairing of Dončić and Irving should lead to games and stretches where they look brilliant, but the question is not the highs but the lows — how deep and how prolonged will those be? Irving works well off the ball (as he has done with Durant and LeBron James) and should be able to play off Dončić. However, can Dončić play well off the ball when Irving is hot? Do the Mavericks — with Tim Hardaway Jr., Christian Wood, Maxi Kleber, Reggie Bullock and the rest — have enough around their two stars to be a serious threat in the West? Off the court, can the very different personalities of Irving and Dončić mesh, or at least work well enough not to be a distraction?

The biggest question: Do Cuban and the Mavericks really want to re-sign Irving for the four-years, $198.5 million he demands at the end of the season? There are reports that Dallas (like every other front office in the league, including Brooklyn) is hesitant to do a long-term deal with Irving that gives him that kind of guaranteed money.

But that is a concern for the future — Dallas got its second star. It has vaulted itself into the upper echelons of the Western Conference and positioned itself to contend.

Reports: Stephen Curry out ‘weeks’ with leg injury, Warriors hope for return after All-Star Break

Dallas Mavericks v Golden State Warriors
Thearon W. Henderson/Getty Images
0 Comments

This is bad news for the Warriors. How bad depends on how the word “weeks” is ultimately defined.

Stephen Curry has torn ligaments in his leg — in the shin area just below the knee — and while the team does not have an official timeline he will be out “weeks” reports Shams Charania of The Athletic.

“Weeks” is a vague word, and for the Warriors the difference in Curry being out three weeks (with one of those being the All-Star Break) versus him being out six to eight weeks could be the difference in how long a playoff run the Warriors have.

The Warriors are hoping for a Curry return just after the All-Star break, reports Monty Poole of NBC Sports Bay Area.

Of short-term concern, this has Curry out for the All-Star Game where the fans voted him a starter. NBA Commissioner Adam Silver will bump one of the reserves up to a starting spot — likely Ja Morant, who was third in fan voting — and name an injury replacement for the team. The top candidates are Devin Booker (if he returns from injury this week as expected), De'Aaron Fox or Anthony Edwards.

Longer term, the Warriors can’t afford to be without Curry for an extended period.

Curry is averaging 27.9 points, 6.4 rebounds and 6.4 assists a game, and the Warriors outscore opponents by 5 points per 100 possessions when he is on the court and get outscored by 5.4 when he is off. With the team one game above .500 and struggling to avoid the play-in, an extended absence for Curry is trouble for a Warriors team that has never found its footing this season.

 

Nets reportedly going to sit Kyrie Irving until he is traded

0 Comments

This time it looks like it’s going to happen, the Brooklyn Nets will trade Kyrie Irving (unlike this summer).

Just don’t expect to see Irving on the court for Brooklyn until he’s moved, reports Chris Haynes of Yahoo Sports.

That is at one time a combination of smart, the only real call to make, the Nets wanting to look like they have control over the situation because Irving’s camp already leaked that he was going to sit out the rest of the season if not traded.

Irving did not play Saturday night when the Nets went down by 20 in the first quarter but rallied behind 44 points from Cam Thomas to get a much-needed win.

Four primary suitors have stepped up for Irving: The Lakers (considered Irving’s preferred destination), Suns, Mavericks and Clippers. The question is what do the Nets want back in a trade? If, as most around the league expect, the goal is to remain in the championship picture around Kevin Durant, Brooklyn will prize quality players and depth over draft picks. That’s bad news for the Lakers (the core of their offer is two future first-round picks plus Russell Westbrook) and good for the team down the hall, the Clippers can offer good players — John Wall, Luke Kennard, Reggie Jackson, plus young players such as Terance Mann — plus a pick if they need it.

The question for teams: Irving wants a max contract after this summer, similar to the four-year, $198.5 million fully guaranteed extension the Nets would not offer after Irving had 10 weeks or so of not being disruptive and focusing on basketball. Around the league, front offices are very hesitant to get into the Irving business for that long (most thought he would never get more than a two-year offer). Are the four teams above desperate enough for a bold move that ownership would sign off on four years with Irving? Will any of them? Or, like this summer, will Irving find the market not to his liking?

It’s going to be interesting until the Feb. 9 trade deadline.