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.

Kevin Durant keeps building up superstar accolades with second All-Star MVP

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CHARLOTTE – When Kevin Durant won All-Star MVP in 2012, he was asked whether he considered himself a star, a label he had resisted.

“I wouldn’t say that just yet,” Durant said. “Hopefully. Hopefully soon I can say that.”

The notion was silly then. Durant had already made two All-NBA first teams and finished second for MVP.

But that All-Star MVP started to change how Durant presented himself. He made another All-NBA first team, again finished second for MVP and led the Thunder to the NBA Finals that season.

“In 2012, I started to feel like I started to hit that elite level,” Durant said. “All that stuff in one year was pretty exciting to me.”

The hits have kept rolling since.

Durant has added an MVP, two titles and two Finals MVPs. Tonight, he claimed another All-Star MVP. The Warriors star scored 31 points on 10-of-15 shooting to lead LeBron James‘ team to a 178-164 win.

“I just keep trying to rack them up, I guess,” Durant said.

That’s seven years between his All-Star MVPs. Few players sustain that elite level – starring among stars – so long. Only LeBron James (12 years), Michael Jordan (10 years), Kobe Bryant (nine years), Oscar Robertson (eight years) have gone so long between their first and last All-Star MVPs.

Durant, 30, appears to have plenty left in the tank.

Of course, the impending question: Where? Durant can become an unrestricted free agent this summer, and this weekend included plenty of speculation.

Tonight’s game gave Knicks fans reason to fanaticize. New York’s presumed targets with its double-max cap space, Durant and Kyrie Irving showed strong chemistry. Half Durant’s baskets were assisted by Irving, who sent five of his six assists to Durant (the other an alley-oop to former teammate LeBron).

Asked which of his All-Star teammates he best meshed with, Durant refused to name one.

“You don’t really have to do too much when you’re playing with so many great players,” Durant said. “You can do what you’re just best at.”

Team LeBron starts playing defense first, comes from 20 down to win All-Star Game

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CHARLOTTE, N.C. — Midway through the third quarter of Saturday’s All-Star Game, Team LeBron started to care.

Down 20 at one point early in the third, Team LeBron came out of a mid-quarter timeout with a different energy. The “bench” guys on the court started defending with the kind of relative intensity usually reserved for the final minutes of this exhibition (when it’s close), the players on the bench were standing and cheering like it was a playoff game, Kevin Durant and Bradley Beal started knocking down everything, and the game just shifted. It culminated when Damian Lillard tied the game up with a 35-foot three.

Team LeBron kept up the momentum, owned the fourth as Durant went 3-of-3 from beyond the arc in the quarter, and Team LeBron got the win 178-164.

“It was our second unit that came in — Dame, Klay, Brad Beal, LaMarcus, Ben Simmons, KAT,” LeBron said after the game about what turned the momentum. “They came in and just changed the whole complexion of the game. We got stops, and, obviously, Dame and Klay caught fire from beyond the arc, and that allowed us to get back in the game.”

Durant was named MVP, a clear choice with his second-half play in particular.

Giannis Antetokounmpo had 38 points and 11 rebounds, while Paul George showed anyone that hasn’t seen him this season how well he’s playing — MVP conversation level — on his way to 20.

This All-Star Game opened with the level of defensive intensity we have come to expect in All-Star Games. Which is to say none.

Well, except when Stephen Curry was guarding Klay Thompson.

The one guy who was intense from the start was Antetokounmpo, who scored the first six points for Team Giannis. He didn’t slow down on his way to 20 first-half points, plus he had one of the game’s great highlights on a bounce pass alley-oop from Curry.

Antetokounmpo wasn’t the only Buck hot to start, Khris Middleton entered the game midway through the first quarter and drained three shots from beyond the arc in a row. In the first nine minutes of the game, the Bucks were beating Team LeBron 28-27.

The favorite crowd moment of the first half was when future Hall of Famer Dirk Nowitzki walked on the court and splashed a couple of threes.

Dwyane Wade was the other Commissioner addition to the game, which means for one last time we got Wade throwing the alley-oop to LeBron.

Curry struggled late, going 3-of-11 in the fourth, but he still got to rub it in Thompson’s face a little.

“It was good to see Steph knock that shot down over Klay, because Klay is always talking trash to him,” Durant said after the game.

Team Giannis was in control most of the first half and was up 13 (95-82) at the half, not that 13 points is much of a deficit in the All-Star Game. Not when one team started to care.

Stephen Curry gets four-point play after Klay Thompson foul, Curry does some taunting

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CHARLOTTE, N.C. — Stephen Curry is enjoying going against Klay Thompson. Maybe a little too much.

In the first half, Curry was matched up on his Warriors’ backcourt mate and enjoyed that Thompson missed the shot.

Then in the fourth quarter, with the game tight, Curry drained the contested three and drew the and-1 on Thompson — and did a little taunting.

That’s some All-Star fun.

Stephen Curry bounces alley-oop way above rim, Giannis Antetokounmpo slams it down (video)

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CHARLOTTE – Stephen Curry bounced this so high!

I suppose it helps that Giannis Antetokounmpo has such ridiculous reach.