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re: LeBron to sit out next season if Sterling still owns team
Posted on 5/14/14 at 2:22 pm to PapiGogo
Posted on 5/14/14 at 2:22 pm to PapiGogo
quote:
I just take issue with the owners trying to enforce the legal framework of an NBA Constitution when the very evidence they are using against Sterling was illegally obtained. If Sterling decides to take this to the courts, those tapes would not be admissible.
The meeting of the Board of Governors is not a court of law and the evidentiary rules don't apply there.
Sterling agreed to the mechanism of removal. I get the theoretical hangup about being punished for your thoughts and your speech, but the guy agreed with his business partners to this arrangement. Are we now going to allow him to renege on it once it is about to be implemented? What good is any contract or partnership agreement at that point?
1
Posted on 5/14/14 at 2:24 pm to boosiebadazz
quote:
Are we now going to allow him to renege on it once it is about to be implemented? What good is any contract or partnership agreement at that point?
considering we dont know any of the auspices of the NBA constitution or his contract....I would say it's a bit premature to claim his is reneging on his contract.
If he has even the smallest of footholds according to his lawyers...he will fight, unless the payday is just massive.
Posted on 5/14/14 at 2:26 pm to CptBengal
quote:
considering we dont know any of the auspices of the NBA constitutio
The NBA constitution was released last week
Posted on 5/14/14 at 2:28 pm to castorinho
quote:The entire thing, or just excerpts by the NBA? I agree in theory, but Bengal is saying there may be loopholes we don't know about, as I don't think the NBA released the entire thing.
The NBA constitution was released last week
That being said, legal analysts were reporting the wordings of the contract before the NBA did, and if there was a loophole, I'm guessing they would have known about that as well.
Posted on 5/14/14 at 2:31 pm to CptBengal
LINK
The mechanism is laid out in Paragraph 13. Mark Cuban has actually posted the portion of the NBA Consititution that applies. I'm going to try and find it. I've also seen reports of ethics clauses that the Owners periodically have to sign.
The payday is going to be massive. He bought the team for $12 million I believe, and it will go well over $1 billion. This isn't about money for him. This is about principle and legacy and you're right, he will litigate the frick out of this if he has even the smallest legal foothold to do so.
Here is a comprehensive explanation
ETA: The last paragraph of that link gives you the legal foothold he's going to use to fight the award of arbitration language.
The mechanism is laid out in Paragraph 13. Mark Cuban has actually posted the portion of the NBA Consititution that applies. I'm going to try and find it. I've also seen reports of ethics clauses that the Owners periodically have to sign.
quote:
If he has even the smallest of footholds according to his lawyers...he will fight, unless the payday is just massive.
The payday is going to be massive. He bought the team for $12 million I believe, and it will go well over $1 billion. This isn't about money for him. This is about principle and legacy and you're right, he will litigate the frick out of this if he has even the smallest legal foothold to do so.
Here is a comprehensive explanation
ETA: The last paragraph of that link gives you the legal foothold he's going to use to fight the award of arbitration language.
This post was edited on 5/14/14 at 2:32 pm
Posted on 5/14/14 at 2:33 pm to shel311
Posted on 5/14/14 at 2:33 pm to TIGRLEE
quote:
It all fits in with the PC, liberal/left wing led media witchhunt to crucify wealthy white men.
Anybody can say anything as long as you aren't rich and white.
White in particular.
If I sterling if tell every one of me to go frick themselves.
Hate on haters.
Rich... don't care, eat shite, you mad. And jelly.
Eh depends on what his endgame is. If its keeping his team then he has to apologize and tuck his tail between his legs. As an NBA owner the vast majority of the players and a large number of fans are minoritys. You have to be smarter than to say racist comments to a minority gold digger girlfriend. I mean his comments were pretty dumb. The NBA did what was best for the league. The guy was a pretty awful owner anyways.
However if he realizes there really is no possible way to keep it then
quote:
Rich... don't care, eat shite, you mad. And jelly.
maybe the best option. Live it up and troll the crap out of whoever. I mean people are going to believe that hes a racist no matter what so might as well let it all roll off his back.
Posted on 5/14/14 at 2:34 pm to PapiGogo
Mark Cuban said the Clippers will sell for 'far north of a billion'
Clippers value in 2013= $429 Million
He might be getting paid 200% more than the value of the franchise was 12 months ago.
quote:
According to the latest valuation by Forbes, the Clippers franchise is now worth $575 million, a 34 percent increase over the 2013 valuation
Clippers value in 2013= $429 Million
He might be getting paid 200% more than the value of the franchise was 12 months ago.
Posted on 5/14/14 at 2:36 pm to shel311
quote:
I just don't see the relevance over how it was obtained since this isn't a court proceeding.
It's not relevant under the framework of the NBA Constitution; however, if Sterling, or his wife, pursue this in the courts it will be relevant because the very evidence used to by the NBA will not be admissible. It will be difficult for the NBA to present a case with only anecdotal evidence.
By all intents and purposes, the NBA brand has not been damaged to a significant degree - certainly not enough to justify a lifetime ban and loss of franchise.
Posted on 5/14/14 at 2:36 pm to shel311
quote:
Him or Reinsdorf or any of those guys, zero chance.
I argued with SFP and a few others who were trying to say this penalty wasn't a lifetime achievement "award", some saying because Silver said it wasn't. It absolutely was based on his past and based on other owners not being too crazy about him. If Jerry Reinsdorf said this, there is no ban for life, and the owners wouldn't be voting him out, no chance.
Isn't that better though?
You don't get a lifetime ban for something said in the heat of the moment in a very private situation, but when you say it and you have lived it for years.
Posted on 5/14/14 at 2:40 pm to PapiGogo
quote:
By all intents and purposes, the NBA brand has not been damaged to a significant degree - certainly not enough to justify a lifetime ban and loss of franchise.
Solely because Silver took swift decisive action. The media was turning this thing into a powder keg. Mark Jackson was calling for fan boycotts. Heck the biggest star in the game is making comments (albeit very dumb comments) that he will sit out if a Sterling has the team. That is damaging to the NBA brand.
Posted on 5/14/14 at 2:45 pm to PapiGogo
Posted on 5/14/14 at 2:45 pm to PapiGogo
quote:That's an interesting point that goes well beyond my scope lol.
It's not relevant under the framework of the NBA Constitution; however, if Sterling, or his wife, pursue this in the courts it will be relevant because the very evidence used to by the NBA will not be admissible. It will be difficult for the NBA to present a case with only anecdotal evidence
quote:I think that's because Silver nipped it before it got to that point.
By all intents and purposes, the NBA brand has not been damaged to a significant degree - certainly not enough to justify a lifetime ban and loss of franchise
Posted on 5/14/14 at 2:56 pm to PapiGogo
There is language in one of the links I posted that evidentiary rules of admissibility will not apply in internal NBA decisions. The Owner is entitled to be represented by counsel in the internal NBA process.
If somehow Sterling was able to get a court of law to review the internal NBA process, the court would only be reviewing the decision of the NBA based on the information it (the NBA) had to base the decision on. The court would not be looking at the case as a case of first impression and deciding it on the merits (which would mean the evidentiary rules of court would apply), it would simply be reviewing the decision of the NBA under a standard of review (one link says it would be the arbitrary and capricious standard).
The bottom line is this is all uncharted territory and there are a myriad of theories that sound plausible and legally sound.
If somehow Sterling was able to get a court of law to review the internal NBA process, the court would only be reviewing the decision of the NBA based on the information it (the NBA) had to base the decision on. The court would not be looking at the case as a case of first impression and deciding it on the merits (which would mean the evidentiary rules of court would apply), it would simply be reviewing the decision of the NBA under a standard of review (one link says it would be the arbitrary and capricious standard).
The bottom line is this is all uncharted territory and there are a myriad of theories that sound plausible and legally sound.
This post was edited on 5/14/14 at 2:58 pm
Posted on 5/14/14 at 2:56 pm to Adam Banks
quote:
Solely because Silver took swift decisive action.
Silver used an axe when he could have used a scalpel. He was far too aggressive and caved to political/media pressure. That's not the role of the commissioner.
Posted on 5/14/14 at 3:26 pm to PapiGogo
quote:
That's not the role of the commissioner
The role of the commissioner is to act in the best interests of the league. If he was dumb enough to make those comments to a minority along with his long history of racial controversy and poor ownership then he didnt deserve to be an owner.
They own a franchise and cannot and should not bring down the league as a whole. Rush Limbaugh was barred from buying into the Rams for similar reasons as Sterling being ousted. This isnt Nam there are rules here.
Posted on 5/14/14 at 3:41 pm to CptBengal
quote:He says this way too often
At the end of the day
Posted on 5/14/14 at 4:07 pm to Adam Banks
quote:
They own a franchise and cannot and should not bring down the league as a whole. Rush Limbaugh was barred from buying into the Rams for similar reasons as Sterling being ousted.
o.0
You have any clue what Limbaugh actually said?
He said that Donovan McNabb was overrated by the media because they were desperate for a black QB to succeed.
That's pretty damn different from what Sterling's accused to have said and done over the years, let alone what he said in the calls.
Posted on 5/14/14 at 4:10 pm to CptBengal
good for Lebron
Posted on 5/14/14 at 5:23 pm to CptBengal
So they know the NBA is in for a fight and struggling and think threatening a boycott is going to help that?
This whole fiasco has been embarrassing, and as horrible as Sterling is, I've lost more respect for the players and their pissy reactions to this moreso than Sterling''s ridiculous behavior.
This whole fiasco has been embarrassing, and as horrible as Sterling is, I've lost more respect for the players and their pissy reactions to this moreso than Sterling''s ridiculous behavior.
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