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grandsalami
05-15-2014, 10:00 PM
SI.com 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 SI.com, 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.


Read More: http://sportsillustrated.cnn.com/nba/news/20140515/donald-sterling-nba-la-clippers-adam-silver/#ixzz31q8LhUzX

Slug3
05-15-2014, 10:02 PM
Good luck trying to get free agents to come play for you even if he wins.

mngopher35
05-15-2014, 10:10 PM
This makes it sound like an uphill battle he is unlikely to win (which I have read before too). Hopefully that is true.

goingfor28
05-15-2014, 10:15 PM
No surprise. He's just going to waste his money, not that he cares bc he's got more than enough

raiderposting
05-15-2014, 10:17 PM
Drama

NBA_Starter
05-15-2014, 10:22 PM
I am surprised said no one Ever, what a loser this guy is!

j-bay
05-15-2014, 10:29 PM
I would like to see the NBA countersue this guy

Sadds The Gr8
05-15-2014, 10:34 PM
Good. Hope everyone becomes a FA so nobody can play for this twat

KobeOwnSU
05-15-2014, 10:37 PM
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.

championships
05-15-2014, 10:38 PM
I didn't think he would go down quietly.

Greet
05-15-2014, 10:39 PM
I feel bad for Clippers fans, just as their team is getting relevant this happens.

blahblahyoutoo
05-15-2014, 10:40 PM
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.

IndyRealist
05-15-2014, 10:50 PM
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.

krazylegz
05-15-2014, 10:54 PM
Good to see the old man fight this...sucks he's racist,but screw the NBA and its game rigging ways....would love to see him win this

cmellofan15
05-15-2014, 11:14 PM
get rich or die tryin'

3Blueforyou
05-15-2014, 11:25 PM
I wonder if his decision to go this route will change the off season actions by the clipper players and doc. I wonder if he actually thinks that the clipper players love him as he said in the cnn interview.

cmellofan15
05-15-2014, 11:26 PM
this is all the reason they need to remove him....bad move..

Tony_Starks
05-15-2014, 11:39 PM
Brian Windhorst is saying even if he refuses the league will just withhold that amount from his portion of the TV revenues. So he can cry all he wants he's still out $2.5 milli.

Take that!

Kyben36
05-15-2014, 11:45 PM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

Slug3
05-15-2014, 11:51 PM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

I'm just waiting for the players to stop taking his money because they can't stand him...... Oh yeah, they won't do that.

Hulk6
05-15-2014, 11:53 PM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

wish more people understood this. Its not illegal to be a racist

goingfor28
05-15-2014, 11:57 PM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

Looooool what world do you live in?

goingfor28
05-15-2014, 11:57 PM
wish more people understood this. Its not illegal to be a racist

Who's sending him to jail?

Hulk6
05-15-2014, 11:58 PM
Looooool what world do you live in?

are you drunk?

goingfor28
05-15-2014, 11:59 PM
are you drunk?

Not at all. DTS can easily be voted out. He will just drag out the process. He has no case. Have you been living under a rock?

torocan
05-15-2014, 11:59 PM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

Actually, you're 100% wrong.

In most states you can be terminated for having the results of a private conversation becoming public or revealed to your boss. All states operate under "at will" employment in terms of retaining or firing you and have very limited restrictions on termination. Disclosed private conversations fall under "at will".

You may want to keep that in mind.

3Blueforyou
05-16-2014, 12:04 AM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

They are within their rights, they withhold the right to remove an owner who can be proven to harm the nba as a product. Which will not be hard to prove what so ever. The players on the clippers I think could even make a case based in tort law if they can prove his comments create an enviroment of emotional distress.

He may have some sort of case against the women, I believe California law requires all party consent for recording any conversations in private. Some states only require single party consent.

Tony_Starks
05-16-2014, 12:10 AM
Is it illegal to be racist? Nope. Can you be fired for it? Yep.

SiteWolf
05-16-2014, 12:12 AM
Actually, you're 100% wrong.

In most states you can be terminated for having the results of a private conversation becoming public or revealed to your boss. All states operate under "at will" employment in terms of retaining or firing you and have very limited restrictions on termination. Disclosed private conversations fall under "at will".

You may want to keep that in mind.

the difference here is.......he's not an employee, he's the owner
They can Marge Schott him...which is what they've done so far....but it's dangerous waters to force him to sell the team and even more dangerous waters to withhold approval should he prefer to turn the team over to his family. You can dislike him all you want...he's a dumbass no doubt...but he's broken no laws. The other owners can pressure him, but what Mark Cuban said when this round first began is right- it's a slippery slope.

torocan
05-16-2014, 12:19 AM
the difference here is.......he's not an employee, he's the owner
They can Marge Schott him...which is what they've done so far....but it's dangerous waters to force him to sell the team and even more dangerous waters to withhold approval should he prefer to turn the team over to his family. You can dislike him all you want...he's a dumbass no doubt...but he's broken no laws. The other owners can pressure him, but what Mark Cuban said when this round first began is right- it's a slippery slope.

Yes, he's not an employee.

He is however a franchisee and like all franchisees he's subject to a Master Franchise Agreement. He doesn't have to break any laws to lose his NBA franchise, all he has to do is violate the conditions of his Franchise Agreement. And the slippery slope argument doesn't really apply in this case. This is basically the same situation as a McDonald's franchise owner doing something stupid. McDonald's wouldn't even lose a blink of sleep as they yanked the franchise and forced it into a sale.

Mark Cuban himself has backtracked on the topic and noted that he was viewing this from the wrong point of view, that it was in fact not a loss of property debate, but a Franchisor/Franchisee debate.


After more thought, he now says being an NBA franchise owner means playing by the rules.

"We're a franchise organization, right, so it's not apples to apples in taking property. And, that's kind of what I've learned since my original comments, you know - it's like, if someone who was a McDonald's franchisee started talking about spitting in the French fries - you'd lose your franchise," Cuban said.

http://www.wafb.com/story/25513036/mark-cuban-thinks-donald-sterling-should-play-by-the-rules

Sterling will lose the Clippers because he violated the franchise agreement, not because he broke any laws. And any franchise organization would do the same whether you own a McDonalds, Starbucks, Subway, or NBA Team.

grandsalami
05-16-2014, 12:27 AM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

I have a better chance of having sex with a playboy model then DTS winningÖ.

mdm692
05-16-2014, 12:37 AM
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.

Hernandez is ****ed what else do you want? His life is over period. Hell he's making things worse by being in jail house fights and injuring other prisoners. He's DONE there's nothing or no one that can save him and he keeps making things worse. This old racist **** is discriminating an entire race and bashed Magic on national tv for having "AIDS" of all things.

Asik's better
05-16-2014, 12:43 AM
Hernandez is ****ed what else do you want? His life is over period. Hell he's making things worse by being in jail house fights and injuring other prisoners. He's DONE there's nothing or no one that can save him and he keeps making things worse. This old racist **** is discriminating an entire race and bashed Magic on national tv for having "AIDS" of all things.
This. The Hernandez story is done. He is going to jail. Nothing more to say.

mdm692
05-16-2014, 12:55 AM
I keep seeing that people mention they hope all the Clipper players become FA. I'm curious about this is it even possible? How would it work and what woukd happen to the team?

Crackadalic
05-16-2014, 01:05 AM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

It's been said countless times in other threads. Do people research?

The nba has not done anything illegal because its within its constitution which was run by long time ago in its writing that it can dissolve a nba franchise

They can't force him to sell. THAT ILLEGAL. They can make him sweat enough that he has no choice but to sell if he doesn't want to risk losing money on a franchise that doesn't exist anymore

numba1CHANGsta
05-16-2014, 01:34 AM
Im so sick of hearing this greedy racist pig! him and his wife need to stfu already old farts

More-Than-Most
05-16-2014, 01:36 AM
Good... I hope he wins

More-Than-Most
05-16-2014, 01:38 AM
Im so sick of hearing this greedy racist pig! him and his wife need to stfu already old farts

Classy... You make yourself look like an idiot when you speak on this subject and then add something like that. On top of that you attack his wife... What did she do exactly?

mdm692
05-16-2014, 01:43 AM
Good... I hope he wins
But he won't. NBA is in it's legal right to do everything they have done and plan to do.

torocan
05-16-2014, 01:43 AM
They can't force him to sell. THAT ILLEGAL. They can make him sweat enough that he has no choice but to sell if he doesn't want to risk losing money on a franchise that doesn't exist anymore

No, it's not illegal.

Section 14A(a) specifically outlines the procedure of a forced sale or franchise termination.


ARTICLE 14A
CONSEQUENCES OF TERMINATION

(a) When the Membership of a Member is terminated, such Member and its assets, properties and operations shall be placed under the management and control of the Commissioner, who shall have the following powers: to cause the Memberís Team to continue to play its Exhibition, Regular Season, and Playoff Games; to collect all revenues from every source payable to the Member and apply such revenues, to the extent available, to the payment of such Memberís debts and obligations; and, as directed by a majority of the Board of Governors (the Member whose Membership was terminated not being considered a Member of the Board of Governors for the purposes of this Article), either to transfer such Memberís Membership (including its Player Contracts and other assets) in accordance with and subject to 30 Article 5 or to liquidate the Player Contracts and other assets of the Member in an orderly manner in the best interests of the Member and its creditors, and the Association, in each case at such prices and on such terms as the Commissioner shall deem reasonable and appropriate.

This is not an uncommon provision in Franchise Master Agreements. McDonalds can do the same thing to you. So can many other franchises.


If Article 13(d) was violated, the legal experts say the board of governors has solid grounds to force Sterling to sell the team along with any other owners, in this case his wife.

As long as the NBA meticulously follows its own constitution and rules regarding the Clippers sale, it will be difficult for Sterling to find a legal theory that would stand up in court, said Daniel Lazaroff, director of the Sports Law Institute at Loyola Law School in Los Angeles.

"This is not an antitrust issue. This is not a First Amendment issue," Lazaroff said. "It's a question limited to the interpretation of the NBA constitution and bylaws, and whether those terms are met."

http://www.nba.com/2014/news/05/15/legal-experts-sterling-nba.ap/

Any organization that you join can hold you to the conditions you agree to when you sign the corresponding contracts as long as they don't directly contravene federal or state law. There is NO federal or state law or protection afforded by the US Constitution that gives you the power to halt a sale that you agreed to in advance (which is basically what a contract agreeing to terms of forced sale are).

If you sign an agreement that requires you to follow the terms of that agreement or face a forced liquidation of the franchise, then there's not a thing you can do about it as long as the agreement is followed by your franchisor when they launch the action to force the sale if they're really determined to follow it to its conclusion (IE willing to expend the time and money on lawyers and the courts).

Bostonjorge
05-16-2014, 01:57 AM
I keep seeing that people mention they hope all the Clipper players become FA. I'm curious about this is it even possible? How would it work and what woukd happen to the team?

When silver gave the life ban speech he said he would help any player who wanted out. How would it work? But that would be a great free agent class.

numba1CHANGsta
05-16-2014, 02:28 AM
Classy... You make yourself look like an idiot when you speak on this subject and then add something like that. On top of that you attack his wife... What did she do exactly?

If you support them then you just as racist, yeah let a racist run a business and lets see how many people will work for him. This is 2014, not 1914.

BTW I was obviously being sarcastic when I said old farts so stfu

USMCLaker
05-16-2014, 02:49 AM
Classy... You make yourself look like an idiot when you speak on this subject and then add something like that. On top of that you attack his wife... What did she do exactly?

You obviously don't know what class is when you side with a racist, but don't feel bad, you just might not be that bright, and that's not completely your fault.

tmacsc2
05-16-2014, 03:09 AM
If what his lawyer says is true about the NBA not going through due process then sterlings ***** *** could have a case. Hopefully nba's lawyer know how to counter this.

More-Than-Most
05-16-2014, 03:35 AM
When did I side with a racist? Do not assume things because you look like an *** when doing so... He is clearly a racist... If he is treating people differently that works for him on the color of their skin then there is a problem... It is his right to be a racist... He said what he said in the privacy of his own home outside of his business... He got duped into saying those things by his gf who had her own hidden agenda... He is a racist... There is no doubting that... As long as he runs a business and treat all his employees equally then I dont give a flying **** what he thinks or believes... He is his own man... He does not have to like something or someone... How many black guys in the NBA do you think are racist against white people? I bet there are a lot...This guy should not lose his business because of something he was duped into saying or because of his beliefs if he is in fact treating people equally.

That being said his wife should not have to suffer because of this mans mistakes... You 2 above me are no different with your assumptions and how you judge people.

USMCLaker
05-16-2014, 03:44 AM
When did I side with a racist? Do not assume things because you look like an *** when doing so... He is clearly a racist... If he is treating people differently that works for him on the color of their skin then there is a problem... It is his right to be a racist... He said what he said in the privacy of his own home outside of his business... He got duped into saying those things by his gf who had her own hidden agenda... He is a racist... There is no doubting that... As long as he runs a business and treat all his employees equally then I dont give a flying **** what he thinks or believes... He is his own man... He does not have to like something or someone... How many black guys in the NBA do you think are racist against white people? I bet there are a lot...This guy should not lose his business because of something he was duped into saying or because of his beliefs if he is in fact treating people equally.

That being said his wife should not have to suffer because of this mans mistakes... You 2 above me are no different with your assumptions and how you judge people.

You obviously don't know very much about her.

More-Than-Most
05-16-2014, 03:48 AM
You obviously don't know very much about her.

Irrelevant... She would be losing the business because of this situation... A situation she had no part of in any way shape or form... Any past mistakes mean nothing. This is what they are in trouble for... She is not a part of this... Saying a sterling should not run the business because of something the husband did is ignorant and moronic.

Its not alright to judge people by the color of their skin but we can judge people by the faults of their significant others? Yea that's totally fair.

USMCLaker
05-16-2014, 04:09 AM
Irrelevant... She would be losing the business because of this situation... A situation she had no part of in any way shape or form... Any past mistakes mean nothing. This is what they are in trouble for... She is not a part of this... Saying a sterling should not run the business because of something the husband did is ignorant and moronic.

Its not alright to judge people by the color of their skin but we can judge people by the faults of their significant others? Yea that's totally fair.
You are looking at everything just on the surface there are many more layers to this story than I care to explain over my smart phone. It was a business decision that they had every right to make. Taking the franchise away just from donald and not his wife does not resolve the issue of bleeding financial losses when sponsors, players, and many fans have already spoken. The Sterlings right to private conversation and ongoing reprehensible behaviors does not supercede the dignity and rights of the African Americans that help to make them wealthy.

mngopher35
05-16-2014, 04:10 AM
Brian Windhorst is saying even if he refuses the league will just withhold that amount from his portion of the TV revenues. So he can cry all he wants he's still out $2.5 milli.

Take that!

haha nice, they showed him! (half serious, half realizing 2.5 million is like nothing to him)

numba1CHANGsta
05-16-2014, 05:25 AM
haha nice, they showed him! (half serious, half realizing 2.5 million is like nothing to him)

This guy is just making his situation worse, he isn't going to win anything

_Gmen_
05-16-2014, 05:47 AM
I hope Silver takes down the corrupt NBA just like how I hoped ARod took down the crooked MLB.

Asik's better
05-16-2014, 06:09 AM
I hope Silver takes down the corrupt NBA just like how I hoped ARod took down the crooked MLB.

By taking steroids?

_Gmen_
05-16-2014, 06:13 AM
By taking steroids?

Exposing their collusion and corruption.

Nighthawk
05-16-2014, 06:35 AM
Good for sterling.

Sure, hes a racist, and people hate him for it.

But what law did he break? What rules didnt he adhere by? What crime did he commit?

He gave the nba bad pr thats it.

PurpleLynch
05-16-2014, 06:46 AM
I hope Silver takes down the corrupt NBA just like how I hoped ARod took down the crooked MLB.

In another post you said that you hoped that Sterling could take down the corrupt Nba. You are just a bad joke.

MonroeFAN
05-16-2014, 07:47 AM
This guy is about to tear the NBA a new one. Can't wait.

Silver is a little boy who has no idea what he's getting himself into. Stern was smart.

apocalypse15
05-16-2014, 08:06 AM
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.

I've been wondering the same thing although Hernandez still has not been proven guilty. Sterling on the other hand has been a racist for a long time. I just don't know why it took a privately recorded conversation to cause such reaction. Sterling was sued for not wanting to rent his property/housing to minorities. Bomani Jones has been saying it for years.

NYKnickFanatic
05-16-2014, 09:09 AM
he will win and when it happends, everyone is going to act like its crazy, fact is, you cant fire somebody because of their views, he didnt do anything illegal, it was a private conversation with his B Atch. it was an illegal firing.

Bingo. He might be a terrible person, but he still didn't do anything. He will win this.

NYKnickFanatic
05-16-2014, 09:10 AM
This guy is about to tear the NBA a new one. Can't wait.

Silver is a little boy who has no idea what he's getting himself into. Stern was smart.

Haha agreed.

d00d
05-16-2014, 09:31 AM
Good for him. A mans got a right to speak his damn mind in private without losing his business.

ATX
05-16-2014, 09:38 AM
Good for him. A mans got a right to speak his damn mind in private without losing his business.


It's in the worst interest of the Clippers organization and moreover the worst interest of the NBA if Sterling retains ownership of the Clippers. The players should and I believe will strike if he's not removed...But he will be removed legitimately by vote of the NBA owners. Shocking that you or anyone would defend this man.

NYKnickFanatic
05-16-2014, 09:50 AM
It's in the worst interest of the Clippers organization and moreover the worst interest of the NBA if Sterling retains ownership of the Clippers. The players should and I believe will strike if he's not removed...But he will be removed legitimately by vote of the NBA owners. Shocking that you or anyone would defend this man.

You really think all 29 owners are going to vote him out? I'm sure he is the ONLY racist owner in the league. If the votes are anonymous, I bet there will be a few votes to not vote him out.

BKLYNpigeon
05-16-2014, 09:52 AM
Sterling is just stalling. its going to take a few years...

apocalypse15
05-16-2014, 09:58 AM
It's in the worst interest of the Clippers organization and moreover the worst interest of the NBA if Sterling retains ownership of the Clippers. The players should and I believe will strike if he's not removed...But he will be removed legitimately by vote of the NBA owners. Shocking that you or anyone would defend this man.

If Sterling is voted out by the majority of owners is there anything legally he can do about it?

torocan
05-16-2014, 10:16 AM
If Sterling is voted out by the majority of owners is there anything legally he can do about it?

Legally, Sterling really only has 2 ways to win a case against the NBA.

1) Convince a judge that the NBA is violating the NBA Consitution and By-laws, in other words he has to argue that either he didn't break any By-laws or relevant contracts, or that Sterling's actions were not covered by the Constitution and By-laws. A tough road to take especially between the recordings, his CNN interview, and reports that Sterling signed moral and ethical behavior clauses in other contracts with the NBA.

2) Convince a judge that the NBA is violating the Sherman Act (Anti-trust laws). An uphill battle given there is a specific exemption to anti-trust law when it comes to business associations acting to protect their business interests from the actions of a rogue business partner. The basic idea is that associations are supposed to be mutually beneficial arrangements, not a suicide pact. It's hard to argue unfair competitive practice when the reason your partners are trying to get rid of you is because your actions are dragging your partners into a financial pit.

Aside from the Sherman Act, Sterling really has no argument to fight the NBA's voting process outside of the context of the NBA Constitution and By-laws.

Long story short, he can argue that he didn't actually break the rules (the NBA is misapplying the constitution), but trying to argue that the NBA doesn't have the right to exercise their rules when he signed a contract agreeing to those rules is a losing cause.

However, in practice, he could extract a "win" of some kind if the NBA decides they don't want to spend the money on the lawyers or decides that it's cheaper and less difficult to settle or even walk away.

The NBA was going to run Sterling out of the NBA when he moved the Clippers to LA in violation of the terms of the NBA Constitution. They backed off when Sterling threatened to fight them in court and counter sue. Had the NBA had the will to take it through court it would have cost the NBA millions, but they likely would have won. The NBA decided it wasn't worth the time or money to fight Sterling in spite of the NBA having an ironclad case against Sterling.

Now and then, whether you have the Legal grounds for enforcing a contract and winning in court is often not the end game of litigation. The end game of most litigation is to pressure the other side to either concede to your demands without going to court due to the threat of time and money or to find a mutually unsatisfactory resolution that both sides can accept in lieue of going to court.

It's not unlike most contract disputes. You can have an ironclad contract that I have to pay you $100,000 for services rendered, but are you willing to spend $10,000 and spend years in court to win that fight? How about $15,000? $50,000?

So can Sterling win a legal fight? Doubtful.

Can he win if he keeps bludgeoning the NBA with legal fees and years in court? Maybe. It all depends on how committed the NBA is to taking this to the end. Personally I think the NBA has the political will and financial stakes involved that they'll take this to the end. It's one of those rare situations where the financial and political downside of not taking this fight to a full resolution outweighs the court time and legal fees involved.

Asik's better
05-16-2014, 10:35 AM
Exposing their collusion and corruption.
By taking steroids

ghettosean
05-16-2014, 10:45 AM
When did I side with a racist? Do not assume things because you look like an *** when doing so... He is clearly a racist... If he is treating people differently that works for him on the color of their skin then there is a problem... It is his right to be a racist... He said what he said in the privacy of his own home outside of his business... He got duped into saying those things by his gf who had her own hidden agenda... He is a racist... There is no doubting that... As long as he runs a business and treat all his employees equally then I dont give a flying **** what he thinks or believes... He is his own man... He does not have to like something or someone... How many black guys in the NBA do you think are racist against white people? I bet there are a lot...This guy should not lose his business because of something he was duped into saying or because of his beliefs if he is in fact treating people equally.

That being said his wife should not have to suffer because of this mans mistakes... You 2 above me are no different with your assumptions and how you judge people.

He broke his contract agreements regarding ethical conduct and he also broke another agreement by hurting the clippers and the NBA financially. If you break a contract that you sign there are always consequences I mean if you sign a contract to get a Cell phone and the contract is to stay with the carrier for 3 years and you break it after 1 year there are consequences THAT YOU AGREED TO this is no different. He agreed to the consequences that he is now facing now when he signed on the dotted line.

I agree his wife is not Donald Sterling she is her own person but their money is one... I'm not sure how her money in the franchise differs from his.... When you are married it's joint when you divorce it's 50/50 they are not divorced.

On top of that she did make a settlement to stay out of the courts for 2.7 MILLION a few years ago for making racist remarks. She is no angel don't fool yourself for feeling sorry about the poor wife who looks so innocent fighting on TV she's just as bad as her husband and to be honest she's hurting the franchise and NBA as well.

They both need to go!

mdm692
05-16-2014, 10:51 AM
Legally, Sterling really only has 2 ways to win a case against the NBA.

1) Convince a judge that the NBA is violating the NBA Consitution and By-laws, in other words he has to argue that either he didn't break any By-laws or relevant contracts, or that Sterling's actions were not covered by the Constitution and By-laws. A tough road to take especially between the recordings, his CNN interview, and reports that Sterling signed moral and ethical behavior clauses in other contracts with the NBA.

2) Convince a judge that the NBA is violating the Sherman Act (Anti-trust laws). An uphill battle given there is a specific exemption to anti-trust law when it comes to business associations acting to protect their business interests from the actions of a rogue business partner. The basic idea is that associations are supposed to be mutually beneficial arrangements, not a suicide pact. It's hard to argue unfair competitive practice when the reason your partners are trying to get rid of you is because your actions are dragging your partners into a financial pit.

Aside from the Sherman Act, Sterling really has no argument to fight the NBA's voting process outside of the context of the NBA Constitution and By-laws.

Long story short, he can argue that he didn't actually break the rules (the NBA is misapplying the constitution), but trying to argue that the NBA doesn't have the right to exercise their rules when he signed a contract agreeing to those rules is a losing cause.

However, in practice, he could extract a "win" of some kind if the NBA decides they don't want to spend the money on the lawyers or decides that it's cheaper and less difficult to settle or even walk away.

The NBA was going to run Sterling out of the NBA when he moved the Clippers to LA in violation of the terms of the NBA Constitution. They backed off when Sterling threatened to fight them in court and counter sue. Had the NBA had the will to take it through court it would have cost the NBA millions, but they likely would have won. The NBA decided it wasn't worth the time or money to fight Sterling in spite of the NBA having an ironclad case against Sterling.

Now and then, whether you have the Legal grounds for enforcing a contract and winning in court is often not the end game of litigation. The end game of most litigation is to pressure the other side to either concede to your demands without going to court due to the threat of time and money or to find a mutually unsatisfactory resolution that both sides can accept in lieue of going to court.

It's not unlike most contract disputes. You can have an ironclad contract that I have to pay you $100,000 for services rendered, but are you willing to spend $10,000 and spend years in court to win that fight? How about $15,000? $50,000?

So can Sterling win a legal fight? Doubtful.

Can he win if he keeps bludgeoning the NBA with legal fees and years in court? Maybe. It all depends on how committed the NBA is to taking this to the end. Personally I think the NBA has the political will and financial stakes involved that they'll take this to the end. It's one of those rare situations where the financial and political downside of not taking this fight to a full resolution outweighs the court time and legal fees involved.
This. Youre the only person in the last 2 pages that understands the business side of the NBA. You should start a thread titled "the NBA's case vs DS". Some people here need to understand the business side of NBA befire making outrageous statements like "Sterling is going to tear a new one in the NBA" or "He will undoubtedly win".

ghettosean
05-16-2014, 10:53 AM
Good for sterling.

Sure, hes a racist, and people hate him for it.

But what law did he break? What rules didnt he adhere by? What crime did he commit?

He gave the nba bad pr thats it.

He broke his contract agreements regarding ethical conduct and he also broke another agreement by hurting the clippers and the NBA financially.

Why is everyone talking about crimes and laws like the police have him in custody????

This is a business decision and breech of contract nothing more nothing less.

BKLYNpigeon
05-16-2014, 10:53 AM
Sterling will leak information about other owners, that vote against him. lol.

ghettosean
05-16-2014, 10:58 AM
Sterling will leak information about other owners, that vote against him. lol.

After what he recently said with Anderson Cooper about Magic and other races I'm not sure he has much credibility left whether he's telling the truth or not about anyone.

NastyRud
05-16-2014, 10:58 AM
Here's a thought, what if Sterling knows about other conversations or situations that the NBA (Stern) swept under the rug? Would he have the upperhand by bringing other situations to light where other owners were not removed from ownership? Wouldnít those other owners (if there are any) be in danger of losing their teams?

mdm692
05-16-2014, 11:00 AM
People get it right IT IS NOT ABOUT STERLINGS RIGHT TO BE A RACIST IT IS ABOUT HOW IT IMPACTS THE CLIPPERS BEING THAT HE IS THE OWNER. It will more than likely have a negative impact on the financial side of the Clips, and the image of the NBA, if he stays as the owner. With that being said it specifically says in the contract he signed that the NBA IS IN THEIR LEGAL RIGHT TO OUST HIM if they feel he is going to have a negative impact on the business side of things, to put it in layman terms. THIS IS PRETTY MUCH A NO WIN SITUATION FOR DS.

Randy West
05-16-2014, 11:14 AM
Busted in 03 for being a racist dirt bag.

Supposedly signed additional stricter conduct agreements with the NBA as a result.

If that's the case it may remove any "wiggle room" DS would have had legally.

TheMightyHumph
05-16-2014, 03:07 PM
i am surprised said no one ever, what a loser this guy is!

19 billion dollars worth of loser.

TheMightyHumph
05-16-2014, 03:08 PM
It's in the worst interest of the Clippers organization and moreover the worst interest of the NBA if Sterling retains ownership of the Clippers. The players should and I believe will strike if he's not removed...But he will be removed legitimately by vote of the NBA owners. Shocking that you or anyone would defend this man.

He certainly has a right to defend himself

TheMightyHumph
05-16-2014, 03:12 PM
Brian Windhorst is saying even if he refuses the league will just withhold that amount from his portion of the TV revenues. So he can cry all he wants he's still out $2.5 milli.

Take that!

That'll teach him.

P&GRealist
05-16-2014, 03:18 PM
This summer is gonna suck with everyone associated with the Clippers. Their employees, the coaches, players and their fans.

TheMightyHumph
05-16-2014, 03:18 PM
Looooool what world do you live in?

The world where billionaires rule.

See: The Koch Brothers.

5ass
05-16-2014, 03:22 PM
Bluff

USMCLaker
05-16-2014, 03:37 PM
This. Youre the only person in the last 2 pages that understands the business side of the NBA. You should start a thread titled "the NBA's case vs DS". Some people here need to understand the business side of NBA befire making outrageous statements like "Sterling is going to tear a new one in the NBA" or "He will undoubtedly win".

Not quite the only one, but I do appreciate that he details facts for the "Sterling is going to tear a new one in the NBA" or "He will undoubtedly win" posters that obviously don't like to do any research.

TheIlladelph16
05-16-2014, 03:43 PM
If I have to read one more knuckle dragging idiot say "its ILLEGAL to make him sell" or "its not ILLEGAL to be racist", I might just lose my god damn mind. Its as if your being willfully ignorant on how Franchises and the bylaws they agree to work in order to vehemently defend a blatant ****head.

P&GRealist
05-16-2014, 03:45 PM
It's illegal to make him sell, and really if you think about it, it's not illegal to be racist either.

TheIlladelph16
05-16-2014, 03:47 PM
It's illegal to make him sell, and really if you think about it, it's not illegal to be racist either.

The second statement has absolutely nothing to do with taking the team away from him. Sure, at face value, that's an accurate statement. It just doesn't really matter here.

Its not illegal to make him sell the team, as has been pointed out by numerous posters in here. I count you in the willfully ignorant crowd.

Sadds The Gr8
05-16-2014, 04:59 PM
The second statement has absolutely nothing to do with taking the team away from him. Sure, at face value, that's an accurate statement. It just doesn't really matter here.

Its not illegal to make him sell the team, as has been pointed out by numerous posters in here. I count you in the willfully ignorant crowd.

Lol he was obviously being facetious/trolling you

Qwertys
05-16-2014, 05:43 PM
Good for him, I really hope he wins this.

joeyc77
05-16-2014, 06:17 PM
If anyone claims they know for certain the outcome of this situation they are either lying or fooling themselves.

This is quite complicated and will go on a while if Sterling has the resolve to fight it.

mdm692
05-16-2014, 07:01 PM
Not quite the only one, but I do appreciate that he details facts for the "Sterling is going to tear a new one in the NBA" or "He will undoubtedly win" posters that obviously don't like to do any research.

You get the point lol. Post was directed towards those same people you, as well as my self, are referring to.

Daze9900
05-16-2014, 07:16 PM
lol NBA got this; maybe they could threaten to contract the team even if he wins he has zero leverage right now unless the owners don't come together for the vote or they secretly vote in his favor some of them out of fear that they could have their team yanked from them one day.

jmartin80
05-17-2014, 10:50 AM
I am not saying I don't agree with the ban, but I still can't believe that players like Vick can break multiple federal laws, people can kill people (Lenord Little and Stallworth), multiple rape allegations, guns and sign additional contracts.

How can one man be banned for life for something he "said" while others get a slap on the wrist for much worse atrocities? Some might say different sport... ok... But players engage in much worse then Sterling everyday and get slaps on the wrists. I don't get the discrepancies. Some players who abused women and were found guilty got 2 - 3 game suspensions and Anger management Classes. haha

Delonte West got suspended 10 games for having an arsenal in a guitar case while driving a motorcycle. Artest and Stephen Jackson assaulted multiple fans, etc. The lists can go on and on.

Why is there such a discrepancy between something someone said and something others did.

I think this is more then just an "Owner vs. Player" standard thing. Again, I agree with the Ban, but there is no way that these other players should not be banned as well. If I get a DUI, I lose my job and am done. These guys get a new contract.

Ridiculous.