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.

Report: Kawhi Leonard didn’t travel with Clippers to Disney World, expected to arrive in few days

Kawhi Leonard in Orlando
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A Clippers-Lakers Western Conference finals – featuring Kawhi Leonard vs. LeBron James – is one of the most anticipated potential attractions of the NBA’s resumption at Disney World.

But Leonard must get there first.

Chris Haynes of Yahoo Sports:

Los Angeles Clippers star Kawhi Leonard did not travel with the team on Wednesday to Walt Disney World for the resumption of the NBA season, league sources told Yahoo Sports.

Leonard was given permission by the organization to tend to a family matter and the two-time Defensive Player of the Year and two-time NBA Finals MVP is expected to join the team on campus in a few days, sources said.

Hopefully, everything is alright with Leonard and his family and he arrives as smoothly as this report indicates. The NBA has protocols for players who travel to Orlando after their teams. Leonard isn’t unique in having a personal issue delay his arrival.

But this situation bears especially close watching for two reasons:

1.  Kawhi Leonard might be the NBA’s best player. The Clippers are a top-tier championship contender. Leonard’s whereabouts hold more significance for the season than, say, Magic guard Markelle Fultz‘s.

2. The Clippers have misled to protect Leonard before. Though it was easy to see their logic, it leaves them with less credibility here.

Again, hopefully this is only a minor snag. We’ll know more within a few days.

Report: Nets signing Jamal Crawford

Jamal Crawford vs. Nets
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Most points scored in a player’s last game (among non-active NBA players):

  • Kobe Bryant: 60 (LAL-UTA April 13, 2016)
  • Jamal Crawford: 51 (PHO-DAL April 9, 2019)
  • Alec Peters: 36 (PHO-DAL April 10, 2018)

It’s time to remove Crawford from the list.

Shams Charania of The Athletic:

A defensive liability who needs the ball in his hands, 40-year-old Crawford can still make difficult shots remarkably well. But most teams can build a lineup and system that consistently create more efficient shots than the tough looks Crawford specializes in.

The Nets aren’t most teams.

Kyrie Irving and Spencer Dinwiddie are both out. Caris LeVert, Garrett Temple Chris Chiozza and Tyler Johnson are an underwhelming backcourt rotation.

Crawford can add scoring punch. With the point guard-deficient Suns last season, he also showed passing ability, though a good team won’t ask too much of him.

Reminder: The Nets will keep their first-round pick only if they miss the playoffs. With Kevin Durant and Kyrie Irving healthy, Brooklyn would probably convey a later pick to the Timberwolves next season.

If nothing else, this is a tremendous personal achievement for Crawford, who badly wanted to keep playing. He has kept in tremendous shape for his age and built a strong reputation in the locker room, earning himself more opportunities.  If everything goes according to plan, Crawford will join Vince Carter, Dirk Nowitzki, Kevin Garnett, Kevin Willis, Robert Parish, Kobe Bryant and Kareem Abdul-Jabbar as the only players to play 20 NBA seasons.

Stephen Jackson peddles another anti-Semitic conspiracy theory, says he’s misunderstood

Stephen Jackson
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Former NBA player Stephen Jackson defended Philadelphia Eagles wide receiver DeSean Jackson, who has drawn criticism – including from the Eagles – for posting an anti-Semitic conspiracy theory (incorrectly) attributed to Adolph Hitler.

DeSean Jackson apologized twice and pledged to educate himself.

Stephen Jackson insists he’s being unfairly maligned.

Stephen Jackson:

Today’s word is assume. Assume.

To all my Jewish people, I love y’all. Y’all took the video the wrong way. I said he was right stemming from a conversation we had before I got on Live about how they’re handling him and how they handled Cooper when he said the n-word. They didn’t handle them the same way, and that wasn’t right. And that’s what I was talking about. I love y’all. You’ll never find a video or article of me saying I hate anybody. Let me clear that up.

Assume. Today’s word. As a black man, you get pulled over by the police, they assume you’re about to run. They assume you’ve got drugs in the car. They assume you’ve got a gun. They assume the worst, right?

I didn’t say nothing about Jews or supporting Hitler at all in that video. But that’s what they assume I said. And y’all wonder why we’re fighting for equality. Because y’all assume the worst from a black man. I love everybody. I’ve always stood that way. Love for all who have love for all. So, why would you assume I hate somebody?

Too often, apologies get labeled as a “non-apology.” This is a non-apology.

When he said DeSean Jackson is “speaking the truth,” Stephen Jackson sounded like he was talking about DeSean Jackson’s Hitler post – not a private conversation with DeSean Jackson, as Stephen Jackson indicates now.

A reminder of what Stephen Jackson said about DeSean Jackson (emphases mine):

He was trying to educate himself, educate people, and he’s speaking the truth, right? He’s speaking the truth. You know he don’t hate nobody, but he’s speaking the truth of the facts that he knows and trying to educate others.

How do those bolded sections make any sense based on a private conversation between DeSean Jackson and Stephen Jackson?

If this is a case of Stephen Jackson simply not choosing his words carefully enough, it’d be far easier to forgive him. After all, he has now gone out of his way to say he loves Jews.

But Stephen Jackson doesn’t deserve much benefit of the doubt while he also spreads other anti-Semitic conspiracy theories.

Fred Katz of The Athletic:

Police too often make negative assumptions about Black people. That should be addressed.

But, best I can tell, Stephen Jackson is being judged fairly here. He’s promoting anti-Semitic messages. He’s getting treated like someone promoting anti-Semitic messages.

Do I believe Stephen Jackson wants to be anti-Semitic? No. My best guess is his heart is in the right place while his head is in the wrong place. But Stephen Jackson is still spreading anti-Semitism. Even if that’s due to “only” ignorance, he can’t correct that until acknowledging his errors and learning from them. Blaming everyone else for misunderstanding him is not the answer.

Stephen Jackson is also wrong in his comparison to Riley Cooper, a white Eagles receiver who was caught on video saying the n-word in 2013. Like with DeSean Jackson, the Eagles released a statement criticizing Cooper. They didn’t cut Cooper. They also haven’t cut DeSean Jackson. Even if they eventually cut DeSean Jackson, I suspect they’ll follow similar guidelines: Deciding whether the player is good enough to offset the trouble caused by his reprehensible speech.

Magic player tests positive for coronavirus

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The race for the final two playoff spots in the Eastern Conference keeps getting sadder. Somehow.

The Nets are decimated. The Wizards are missing their best players. And the Magic – who already have Jonathan Isaac and Al-Farouq Aminu sidelined – have complications with Markelle Fultz and another unnamed player.

Roy Parry of the Orlando Sentinel:

The Orlando Magic entered the NBA bubble Tuesday without an unidentified player who tested positive for COVID-19 and guard Markelle Fultz, whose entry was delayed due to a personal issue.

Magic president of basketball operations Jeff Weltman said during a videoconference with reporters on Tuesday that Fultz is dealing with a personal matter unrelated to the virus. His absence is excused and the league is aware of his situation, according to Weltman. He said Fultz is following all safety protocols and expects a “seamless transition” for the guard’s return, although Weltman did not have a specific timetable for when that will be.

It’s unclear whether the unnamed player was among the 25 players the NBA announced tested positive.

Fultz and the other player will have to follow protocols for players travelling to Disney World after their teams arrive.

The Magic have D.J. Augustin and Michael Carter-Williams at point guard if Fultz is unavailable. But I’ll take Weltman at his word that Fultz will return to the team smoothly.