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Started By
Message
re: Only a matter of time before this Donald Sterling story blows up
Posted on 4/26/14 at 7:34 pm to SPEEDY
Posted on 4/26/14 at 7:34 pm to SPEEDY
quote:
Step 5: Expelling Sterling from the NBA and defending a possible lawsuit by Sterling
It is well known that some league officials and owners would like to see Sterling leave the NBA. Sterling has faced accusations of racism for years, including having to defend a housing lawsuit brought by the Department of Justice. The NBA also knows that wealthy NBA fans like Steve Ballmer and Chris Hansen—who sought to buy the Kings and relocate them to Seattle—would jump at the first chance to own an NBA team.
Forcibly removing Sterling from the NBA is unlikely to happen. The NBA's constitution, which is confidential, reportedly contains language permitting owners to authorize the league to sell a team without an owner's consent. The language, SI.com is told, only covers very limited circumstances and these circumstances concern team finances -- namely, when an owner can't pay his bills.
There is reportedly no language authorizing the NBA to sell a team because of an owner's hurtful remarks or embarrassing behavior. Even if constitutional language could be construed to authorize a forced sale of the Clippers, NBA owners would likely be reluctant to do so given the precedent it would set.
quote:
The NBA must also be concerned about the possibility of Sterling suing the NBA and owners, such as for breach of the Clippers franchise agreement or for violations of federal and state antitrust law. NBA franchise agreements contain language that limit the ability of owners to sue the NBA and other owners. This language is known as "waiver of recourse", which means that an owner, by virtue of owning an NBA team, voluntarily waives away legal recourses he or she might otherwise have against the NBA and owners.
The waiver would likely aid the NBA in regards to a contract breach claim, but courts are generally unwilling to extend waivers to antitrust claims. A potential antitrust claim by Sterling against the NBA would be that his competitors (other NBA owners) and the NBA have conspired to expel him. By doing so, the logic goes, Sterling would have to sell his team at less than market value because prospective buyers would know that Sterling "has to" sell. As a result, he would attract lower bids. Under federal antitrust law, any damages Sterling receives would be automatically multiplied by three. He may have additional claims under California antitrust laws
2
Posted on 4/26/14 at 7:38 pm to genro
Hopefully Chris Paul demands to be released from his contract and he joins the Rockets for 2 million a year.
Posted on 4/26/14 at 7:45 pm to SPEEDY
Nice, thanks man. Reading that, I don't even know, am I right? Seems they do have options.
But I still contend whether it's forced or Sterling gives in, so to speak, I think this ends down the road with Sterling not owning the team, somehow.
Different subject...Quote from your link:
I really don't think the NBA would do this, it would be really, really bad publicity.
But I still contend whether it's forced or Sterling gives in, so to speak, I think this ends down the road with Sterling not owning the team, somehow.
Different subject...Quote from your link:
quote:
Clippers players would send a powerful message to Sterling by boycotting a game. Such a maneuver, however, would be in direct violation of their employment contracts. The players would be suspended by the NBA and potentially face significant fines
I really don't think the NBA would do this, it would be really, really bad publicity.
Posted on 4/26/14 at 7:46 pm to PrimeTime Money
quote:
Hopefully Chris Paul demands to be released from his contract and he joins the Rockets for 2 million a year.
He doesn't need Dwight bringing him down. Back to NOLA. The Clips will take Eric Gordon and like it.
Posted on 4/26/14 at 7:47 pm to SPEEDY
quote:
Step 5: Expelling Sterling from the NBA and defending a possible lawsuit by Sterling
It is well known that some league officials and owners would like to see Sterling leave the NBA. Sterling has faced accusations of racism for years, including having to defend a housing lawsuit brought by the Department of Justice. The NBA also knows that wealthy NBA fans like Steve Ballmer and Chris Hansen—who sought to buy the Kings and relocate them to Seattle—would jump at the first chance to own an NBA team.
Forcibly removing Sterling from the NBA is unlikely to happen. The NBA's constitution, which is confidential, reportedly contains language permitting owners to authorize the league to sell a team without an owner's consent. The language, SI.com is told, only covers very limited circumstances and these circumstances concern team finances -- namely, when an owner can't pay his bills.
There is reportedly no language authorizing the NBA to sell a team because of an owner's hurtful remarks or embarrassing behavior. Even if constitutional language could be construed to authorize a forced sale of the Clippers, NBA owners would likely be reluctant to do so given the precedent it would set.
The NBA must also be concerned about the possibility of Sterling suing the NBA and owners, such as for breach of the Clippers franchise agreement or for violations of federal and state antitrust law. NBA franchise agreements contain language that limit the ability of owners to sue the NBA and other owners. This language is known as "waiver of recourse", which means that an owner, by virtue of owning an NBA team, voluntarily waives away legal recourses he or she might otherwise have against the NBA and owners.
The waiver would likely aid the NBA in regards to a contract breach claim, but courts are generally unwilling to extend waivers to antitrust claims. A potential antitrust claim by Sterling against the NBA would be that his competitors (other NBA owners) and the NBA have conspired to expel him. By doing so, the logic goes, Sterling would have to sell his team at less than market value because prospective buyers would know that Sterling "has to" sell. As a result, he would attract lower bids. Under federal antitrust law, any damages Sterling receives would be automatically multiplied by three. He may have additional claims under California antitrust laws
Cliffs: Here come the lawyers
Posted on 4/26/14 at 8:07 pm to tigerpimpbot
quote:
Cliffs: Here come the lawyers
Agreed. If the league/owners did try and force a sale there would be a court battle over it regardless.
Without the actual language and research it's hard to predict who would win but based on that link Sterling would be in good shape IMO.
That said I wonder if there is language not to force a buy out but to ignore the Clippers franchise as a team.
Maybe not force a sale but not schedule any games against the Clippers?
Silver just said he has. "Broad powers" to discipline the owners.
Posted on 4/26/14 at 8:09 pm to jacks40
Adande asking why he wasn't punished from the previous history. Lol. Dude this commissioner just started.
Posted on 4/26/14 at 8:11 pm to LSUHoleInOne
quote:He was David Stern's right hand man for years. They didn't pull him out of the YMCA. He knows the history.
Adande asking why he wasn't punished from the previous history. Lol. Dude this commissioner just started.
This post was edited on 4/26/14 at 8:12 pm
Posted on 4/26/14 at 8:12 pm to LSUHoleInOne
quote:
Adande asking why he wasn't punished from the previous history. Lol. Dude this commissioner just started.
Silver was Stern's #2. That's a good question to ask him.
Posted on 4/26/14 at 8:12 pm to LSUHoleInOne
quote:
Adande asking why he wasn't punished from the previous history. Lol. Dude this commissioner just started.
I have no clue what his role what in previous years especially back to 2003, but he was in the league office for a long time.
Reportedly he was Sterns right hand man for the last few years as well.
He may not have any info but it was a valid question.
Posted on 4/26/14 at 8:13 pm to eyeran
The NBAs position so far...
"We're authenticating the tapes..."
"Hey, Kevin Johnson's on the case!"
"We're authenticating the tapes..."
"Hey, Kevin Johnson's on the case!"
Posted on 4/26/14 at 8:15 pm to eyeran
quote:
The NBAs position so far... "We're authenticating the tapes..." "Hey, Kevin Johnson's on the case!"
Translation: Holy shite we have no clue what to do please accept this PR spin while we take a few days to figure it out.
Can't say I blame them but it does overshadow the entire playoffs
Posted on 4/26/14 at 8:16 pm to jacks40
It was a question so he could find something to write about.
Posted on 4/26/14 at 8:17 pm to jacks40
I hope this comes out as totally out if context or not even him. Then I want to read an Adande or that ugly black girls story.
Posted on 4/26/14 at 8:19 pm to LSUHoleInOne
quote:
I hope this comes out as totally out if context or not even him. Then I want to read an Adande or that ugly black girls story.
Holy shite how drunk are you?
Posted on 4/26/14 at 8:19 pm to LSUHoleInOne
quote:
It was a question so he could find something to write about.
No shite, that's his job. Posted on 4/26/14 at 8:19 pm to LSUHoleInOne
quote:Hey Donald.
I hope this comes out as totally out if context or not even him. Then I want to read an Adande or that ugly black girls story.
Posted on 4/26/14 at 8:22 pm to saintsfan22
Who gives a frick the checks cash, frick the old man who ran off at the mouth, just words in a private conversation.
I know I've said some fricked up shite behind closed doors, everyone has no matter the race. Don't give words so much power, move on play the game
I know I've said some fricked up shite behind closed doors, everyone has no matter the race. Don't give words so much power, move on play the game
Posted on 4/26/14 at 8:27 pm to LSUHoleInOne
quote:so you hope, with no chance of actually happening, that the story ends up shaming a black reporter, and not the racist white guy
I hope this comes out as totally out if context or not even him. Then I want to read an Adande or that ugly black girls story.
?
Nope, not a prejudiced statement at all
Posted on 4/26/14 at 8:28 pm to tankyank13
quote:Stop
I know I've said some fricked up shite behind closed doors, everyone has no matter the race.
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