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Stern will appeal Bird rights ruling, Knicks’ ability to re-sign Lin using Bird right in air still

Jun 24, 2012, 6:58 PM EST

New York Knicks' Lin pumps his fist from the bench as teammates score during their NBA basketball game in Toronto Reuters

The Knicks aren’t out of the water.

After winning the NBPA won their ruling against the league in the arbitration casegranting Bird rights to players waived, it was thought that the Knicks would be in a position to re-sign Jeremy Lin and Steve Novak using their Bird rights, saving their mid-level exception for another addition. But that assumes that the case is done and over with. Guess who’s filing an appeal? Your old buddy David Stern!

According to a league official, Stern’s plan to appeal the union’s victory in the Jeremy Lin/Steve Novak Bird rights war may carry over into the July 1 start of free agency. That would delay the Knicks’ ability to negotiate for any free agent and create a public-relations nightmare for Stern, whose office is in midtown.

Tomorrow, both sides will start talks concerning setting up an appeal panel in Stern’s attempt to overturn arbitrator Kenneth Dam’s decision. One possible resolution is having the appeal process occur but still allowing Novak and Lin to have their Bird rights this summer.

via NBA commissioner David Stern will appeal granting Bird rights to New York Knicks’ Jeremy Lin and Steve Novak – NYPOST.com.

Oh, that could turn out badly for the Knicks. It was a surprise to many legal experts when the union won the case. If the appeal doesn’t hold up after the Knicks have already re-signed Novak and Lin using Bird rights, then what happens? Are the contracts void? Do they lose Novak and Lin due to already having signed someone else using the Mid-level exception?

This is kind of a sticky wicket for the Knicks, and it has huge implications for their future. They thought it was over, that everything worked out nicely.

Not so much.

  1. eflem80 - Jun 24, 2012 at 7:18 PM

    I don’t get why the league is so against this….what am I missing here??? What exactly does the league gain by this if they win???

    • caseybojangles - Jun 24, 2012 at 8:55 PM

      the “league” as you call it are made up of teams and players. the commissioner represents the interests of the teams and owners over the players. the players association represents the interests of the players.

      the arbitration ruling interprets the “bird rights” pretty loosely from my understanding. a team can resign their players even if the new contract exceeds the cap if they have been with that team for 2 years (early bird) or 3 years (bird). you can only assert the bird rights to resign a player you already had and not have it count against you with the cap. the ruling with lin says players claimed off waivers by other teams are eligible as well. this means that they can sign lin and novak and still have the mid level exception otherwise, they’d have to use the MLE on lin.

      the league wants a hard salary cap. the players don’t. we have a soft cap with a bunch of exceptions and taxes as a middle ground. the commissioner objecting is him protecting the league in general and other owners…particularly small market owners. while the knicks can afford to easily go over the cap, smaller markets can’t. allowing the knicks to go around the cap by giving them more flexibility with waiver players allows them to sign players they otherwise could not is, in the eyes of stern, detrimental to the league as “rich” teams buy talent and makes the league less competitive.

      i’m not agreeing or disagreeing with stern or the ruling…just answering your question

  2. sheanjett - Jun 24, 2012 at 7:33 PM

    Stern can say he won

  3. Mr. Wright 212 - Jun 24, 2012 at 8:36 PM

    Yet people think Stern loves the Knicks. The 1997 suspensions, the 1st round officiating this year, now this? (Along with several things in between)???

    • knightrider1755 - Jun 24, 2012 at 9:31 PM

      Careful. David Stern made it possible for the Knicks to get Patrick Ewing in the 1985 NBA draft. Everyone knows that was fixed in favor of the Knicks. Besides, if Dolan didn’t mismanage the team by hiring inept personnel who make bad draft choices, spend excessively on players who are marginally talented at best, and listen to Isiah Thomas, the franchise wouldn’t be in the predicament of having to look for a bailout. Paying both Amare and Melo over $100 million when neither has ever won an MVP nor been to an NBA Final is ludicrous. This so-called “storied” franchise has sunk to the level of annually fighting for an 8th seed in the playoffs against other teams that don’t have one-half of their payroll and then performing badly once they get there by ungracefully bowing out in the first round.

      • earoyce - Jun 24, 2012 at 10:05 PM

        The Boston series last year would have been completely different last year if Amar’e was healthy and the Celtics weren’t gifted game 1 via non-calls on blatant moving screens. And the Knicks did just as well as OKC vs. the Heat this year. I don’t think it’s fair to say they have performed poorly. They’ve been doomed in the playoffs by injuries the last 2 years, and by a matchup vs. Miami this year.

      • smokehogan - Jun 25, 2012 at 1:54 AM

        You made some damn good points about their management, excessive spending and inability to draft effectively, I’ll give you that. But let’s be honest, the last 2 years I’d say the knicks have turned the corner and again have become a respected franchise that they deserve to be. Though they are plagued with years of bad decisiosns which doesn’t go away easily, you should look at the big picture when criticizing their early exits out of the playoffs the last two years. though the celtics swept them last year, each game was close and let’s not forget, amare and chauncey did not play the whole series, it was the carmelo show and he lead that team to some close victories. They were plagued with injuries and this year was no different. With a smart coaching change during the season, the knicks went on a 9 game win streak and looked like they had finally figured it out, but with injuries to jeremy lin, and amare once more that set the team back and it carried over into the playoffs. I can’t and no person with eyes should ignore how terrible the officiating was in the knicks series and in other nba games that involved the miami heat, call it what you want but they blatantly were given calls in their favor. and as for them being an 8th seed you and I know that they are more like a 3-4 seed especially in the watered down east, so let’s not just judge this team on paper, they have made some strides and I know that they wont be competing with the bucks for a playoff spot come next year. And this is coming from a laker fan

  4. newyorkfootballjets - Jun 24, 2012 at 9:08 PM

    He makes no sense first he wants teams to be able to keep stars/players , but when they win a case to do so he wants to fight it and let players run outa town for more money. Time to retire buddy . You r losing your mind

  5. newyorkfootballjets - Jun 24, 2012 at 9:08 PM

    He makes no sense first he wants teams to be able to keep stars/players , but when they win a case to do so he wants to fight it and let players run outa town for more money. Time to retire buddy . You r losing your mind

  6. newyorkfootballjets - Jun 24, 2012 at 9:08 PM

    He makes no sense first he wants teams to be able to keep stars/players , but when they win a case to do so he wants to fight it and let players run outa town for more money. Time to retire buddy . You r losing your mind

  7. newyorkfootballjets - Jun 24, 2012 at 9:08 PM

    He makes no sense first he wants teams to be able to keep stars/players , but when they win a case to do so he wants to fight it and let players run outa town for more money. Time to retire buddy . You r losing your mind

  8. albie23 - Jun 24, 2012 at 9:10 PM

    I’m sick of Stern!

  9. newyorkfootballjets - Jun 24, 2012 at 9:21 PM

    Lol y did my post , post 4 times?

  10. prosourcetalk - Jun 24, 2012 at 9:24 PM

    Stern’s not my buddy, guy

  11. mcqphx - Jun 24, 2012 at 10:02 PM

    “Lol y did my post , post 4 times?”

    Yes Ace and it’s as annoying as it looks, it looks, it looks, it looks.

  12. lax12345 - Jun 24, 2012 at 10:28 PM

    That’s for sure they did overpay amare and are now out of Steve Nash in free agency.

    • Kurt Helin - Jun 25, 2012 at 12:10 AM

      You had to overpay for Amar’e, remember nobody really wanted to go there. And without him you don’t get the turnaround that starts to draw everyone else. It’s the price of the turnaround.

      • knightrider1755 - Jun 25, 2012 at 2:22 AM

        So the price of the turnaround was $100 million? Great management decision!

  13. djeter220 - Jun 24, 2012 at 11:36 PM

    I can’t understand how this process can be allowed to carry on past July 1. If he wants to appeal it fine, but to give the other 29 teams a head start on the knicks to begin their offseason signings is mind boggling.

  14. bparmalee - Jun 25, 2012 at 12:10 AM

    Everyone is assuming the contracts would end up being voided if Lin and Novak are allowed to sign using their Bird Rights. I think it’s a safer bet that they are allowed to sign while the appeal process takes places and then they are considered “grandfathered in”. This could work out so the Knicks are allowed to sign two key guys in a way that no other team will be bale to in the future. Also…. considering the Knicks are determined to sit Lin… I am not sure why he would want to resign there. He doesn’t mesh with Anthony so it might be best for both of them if went somewhere else.

  15. pitolove124 - Jun 25, 2012 at 2:52 AM

    Stern hates Dolan and the Knicks for some reason.

  16. cantonbound13 - Jun 25, 2012 at 6:57 AM

    Stern is a Heat fan.

  17. clownsfan - Jun 25, 2012 at 8:42 AM

    Stern is a fat selfish clown. Cannot wait until he’s done.

  18. dysraw1 - Jun 25, 2012 at 11:42 AM

    there’s not an arbitrator alive who will support an appeal on this come on lets get real

  19. jolink653 - Jun 25, 2012 at 12:47 PM

    it’s all obama’s fault

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