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  1. #1
    Join Date
    Feb 2012

    Source: Donald Sterling refuses NBA sanctions, threatens to sue has learned that Donald Sterling has hired prominent antitrust litigator Maxwell Blecher, who has written a letter to NBA executive vice president and general counsel Rick Buchanan threatening to sue the NBA. The letter, sources tell, claims that Sterling has done nothing wrong and that "no punishment is warranted" for Sterling. Blecher also tells Buchanan that Sterling will not pay the $2.5 million fine, which is already past due. Blecher ends the letter by saying this controversy "will be adjudicated."
    Blecher's letter makes clear what many have anticipated: Donald Sterling will not go down without a fight and that he is taking active steps towards litigation. A letter of this type is considered a precursor to the filing of a lawsuit. Blecher's letter offers no ambiguity about Sterling's intentions.
    "We reject your demand for payment," the letter tells Buchanan, who on May 14 informed Sterling by letter that he must pay the $2.5 million fine.
    Blecher's letter goes on to identify two basic legal defenses for Sterling.

    First, Blecher claims that Sterling has not violated any article of the NBA constitution. The letter curiously references Article 35, which governs players' misconduct, and several other provisions. The NBA is expected to argue that Sterling violated Article 13(d) among other provisions. Article 13 (d) bars owners from violating contractual obligations, including the obligation that owners no engage in unethical conduct or take positions adverse to the NBA. Blecher does not explain how he intends to prove Sterling's racist remarks captured on the secret recording -- followed by Sterling's incendiary remarks to Anderson Cooper about Magic Johnson -- do not give rise to unethical conduct or positions adverse to the NBA.
    Second, Blecher argues that Sterling's "due process rights" have been violated by the NBA. A due process claim may sound superficially reasonable. After all, Sterling was banned permanently from the NBA after a mere four-day investigation, without any formal proceedings. If the NBA were a federal agency or a state college, Sterling might have a good argument, as those are public entities that must provide safeguards found under the U.S. Constitution and state constitutions. The problem for Sterling is that the NBA is a private association and is not required to provide due process rights. Sterling, moreover, contractually assented to the NBA's system of justice through various contracts, including his franchise agreement to purchase the Clippers and the joint venture agreement, which indicates the NBA has binding authority over the teams.
    Any lawsuit by Sterling against the NBA would face a daunting task, as Sterling contractually agreed to follow the NBA's system of justice. Sterling's failure to pay the fine is additional evidence of his insubordination of league policies. His failure triggers other contractual provisions that can be used by the NBA under Article 13(d) to justify his ouster.

    The letter's claim that Sterling has done nothing wrong seems at odds with Sterling's own words to Anderson Cooper. Sterling was unequivocal in the interview, "I made a terrible, terrible mistake." His lawyer, however, appears to believe otherwise. Keep in mind, the NBA will be able to use Sterling's apparent admission to Cooper as evidence.
    Blecher is no stranger to expensive and lengthy litigation in sports. He was a lead attorney for the Los Angeles Memorial Coliseum in successful antitrust litigation against the NFL. The litigation concerned the Raiders relocating between Oakland and Los Angeles. Blecher, who is in his mid 80s, is one of small number of attorneys who can say he beat the NFL. He will have an uphill battle to say the same of the NBA.
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  2. #2
    Join Date
    Jul 2010
    Southern CA
    Good luck trying to get free agents to come play for you even if he wins.

  3. #3
    Join Date
    May 2010
    This makes it sound like an uphill battle he is unlikely to win (which I have read before too). Hopefully that is true.

  4. #4
    Join Date
    Mar 2013
    No surprise. He's just going to waste his money, not that he cares bc he's got more than enough

    A-BOMBS: 8

  5. #5
    Join Date
    Dec 2009
    Fremont, Ca

  6. #6
    Join Date
    Apr 2009
    I am surprised said no one Ever, what a loser this guy is!

    3x WWEWHC / 2015 Royal Rumble Match Winner / 1X WWE Tag Team Champion / 2014 WWE Superstar of The Year

  7. #7
    Join Date
    Jul 2009
    I would like to see the NBA countersue this guy


  8. #8
    Join Date
    Nov 2009
    Good. Hope everyone becomes a FA so nobody can play for this twat

  9. #9
    Join Date
    Mar 2007
    Corona, Ca
    His only goal is to drag this out long enough that nobody wants to play or coach for the Clippers and they become the dump they always have been.

  10. #10
    Join Date
    May 2009
    Hemp Land
    I didn't think he would go down quietly.

  11. #11
    Join Date
    Sep 2010
    I feel bad for Clippers fans, just as their team is getting relevant this happens.

  12. #12
    Join Date
    Nov 2010
    you know what's sickening?
    a guy that made an unpopular comment in privacy is getting more backlash and negative publicity than a serial killer athlete on trial for killing 3.

  13. #13
    Join Date
    Aug 2008
    Indianapolis, IN
    Sterling's failure to pay the fine is additional evidence of his insubordination of league policies. His failure triggers other contractual provisions that can be used by the NBA under Article 13(d) to justify his ouster.
    They can vote him out just for failing to pay the fine.

  14. #14
    Join Date
    Mar 2008
    portland,or via You'n'g'sTown,ohio
    Good to see the old man fight he's racist,but screw the NBA and its game rigging ways....would love to see him win this
    ....boss mode

  15. #15
    Join Date
    Jul 2008
    From 303 to the 614
    get rich or die tryin'

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