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Started By
Message
re: Sterling is preparing to sue the NBA
Posted on 5/1/14 at 3:03 pm to jeff5891
Posted on 5/1/14 at 3:03 pm to jeff5891
quote:
has the effect of a binding arbitration
is not the same as something going to arbitration. What this means is that the decision is final an enforceable when issued, not that there will be a future arbitration proceeding.
Sorry to confuse you.
1
Posted on 5/1/14 at 3:03 pm to monsterballads
so you believe that under our constitution you should be punished for having different views? What actions did he do that should warrant punishment?
Posted on 5/1/14 at 3:17 pm to stbpike24
I can't see how it can be legally done, especially being he said something in the privacy of his own home. If it does happen the way they say or want it to happen, imo that's pretty scary.
He broke no law, hes just an old a-hole, plenty of them own businesses
He broke no law, hes just an old a-hole, plenty of them own businesses
Posted on 5/1/14 at 3:19 pm to stbpike24
quote:
so you believe that under our constitution you should be punished for having different views? What actions did he do that should warrant punishment?
The 1st Amendment only protects against GOVERNMENT interference into speech (aka views).
The free market, public, and private companies can punish as they see fit.
Posted on 5/1/14 at 3:24 pm to wrlakers
quote:
is not the same as something going to arbitration. What this means is that the decision is final an enforceable when issued, not that there will be a future arbitration proceeding.
1) the NBA has an arbitration provision
2) silver is the ultimate arbiter
3) the only thing sterling can do after a decision is to
quote:
"the losing party may appeal the arbitrator's award to a court.......The court does not look at the merits of the underlying dispute, and the court will not add to or subtract from the remedies provided by the award. The court's role is limited to determining whether there exists a valid award. If so, the court will order the parties to comply with the terms. The general view is that bc the parties were free to frame the issues and set the powers of the arbitrator at the outset, they cannot complain about the result.
straight from a law book
so no matter what the wiretapping laws are, they do not apply in arbitration and the court will not even consider it. sterling cannot sue Silver's decision in court. now if sterling wants to sue his girlfriend for wiretapping him, thats another story. but from what i have heard around here, he allowed himself to be recorded.
This post was edited on 5/1/14 at 3:29 pm
Posted on 5/1/14 at 3:28 pm to Fun Bunch
quote:
Offer 10 million dollars to anyone that can provide audio or video of racist statements made any major public figure that has strongly accused him of such, including but not limited to Charles Barkley, Kenny Smith, ESPN Radio personalities, Roger Mason Jr, and any and all current and former players that have made an All Star appearance.
So idiotic. What did any of those people do to him?
And what would that accomplish, beyond wasting a ton of money? The NBA commissioner is the one that banned him, along with the other owners eventually. His issue should be with them.
This post was edited on 5/1/14 at 3:31 pm
Posted on 5/1/14 at 3:32 pm to jeff5891
I actually don't see the owners backing Silver on this matter because they know how slippery this slope has become. I think they will let this drag through the court system for years after Sterling loses in arbitration. Allow the knee jerk reactions to subside while at the same time allowing Sterling to sell this franchise to the highest bidder in five or so years from now. Forcing him to sell now actually devalues the true amount that Sterling could get from the club.
No winners in this matter only losers for everyone involved. Plus the NBA is going to have to fight two battles one against Sterling himself and another against his wealthy wife in the divorce proceeding.
No winners in this matter only losers for everyone involved. Plus the NBA is going to have to fight two battles one against Sterling himself and another against his wealthy wife in the divorce proceeding.
Posted on 5/1/14 at 3:35 pm to jeff5891
quote:
jeff5891
This all started with your statement that
quote:
the courts will force it through arbitration first
This is not correct. The decision of the Commissioner has the effect of an award made in an arbitration. A party adversely effected by an arbitration award can file a suit to set the award aside as explained in the law book you quote.
This all means that there is not going to be an arbitration. So
quote:
the courts will force it through arbitration first
is not correct.
Posted on 5/1/14 at 3:42 pm to ihometiger
quote:
actually don't see the owners backing Silver on this matter because they know how slippery this slope has become
People keep saying this, but Sterling is the only NBA owner in the past 40 years to be associated with racism. People don't seem to understand that this public relations nightmare is tied to racism specifically. It would not be a big deal if the comments were about gays, women, or anything else. Is that "right?" Nope. I know that's not what Sterling advocates want to hear but that's the reality.
As long as owners refrain from comments that can be construed as racist, they're pretty much in the clear. And every other owner in recent member has been able to do so but Sterling. There is no slippery slope. There will be no backlash if an owner comments on women, or gays, or anything else. Sterling is an isolated case, and he made a lot of enemies while in the NBA.
This post was edited on 5/1/14 at 3:46 pm
Posted on 5/1/14 at 3:49 pm to Goldrush25
Posted on 5/1/14 at 4:01 pm to Goldrush25
quote:
So idiotic. What did any of those people do to him?
I never said Sterling wasn't an idiot.
I just want to see a shitstorm.
Posted on 5/1/14 at 4:33 pm to jeff5891
quote:
straight from a law book
so no matter what the wiretapping laws are, they do not apply in arbitration and the court will not even consider it. sterling cannot sue Silver's decision in court. now if sterling wants to sue his girlfriend for wiretapping him, thats another story. but from what i have heard around here, he allowed himself to be recorded.
Posted on 5/1/14 at 4:51 pm to Na Mean
Nice link bro.
Posted on 5/1/14 at 4:57 pm to LSUGrad9295
quote:
Dude is 80 and has plenty of money. What does he have to lose? If I were in his position, I would give the NBA a double and make this as ugly as possible. He can play the role of the angry bitter old rich man to the hilt here.
He's fricking 80 and worth $2 Billion. What does he have to gain? Another $50 million or $100 million to add to his current net worth that he will never spend in 10 lifetimes? What he has to lose is the time and effort that he would put into this to win what is basically a pissing contest. He may win a lawsuit but he will still be thought of as a racist piece of shite.
Posted on 5/1/14 at 5:06 pm to Fun Bunch
quote:
The 1st Amendment only protects against GOVERNMENT interference into speech (aka views).
The free market, public, and private companies can punish as they see fit.
It really is sad how little a lot of Americans know about their own Constitution. "Tigerdroppings infringed on the 1st Amendment by banning me!"
Posted on 5/1/14 at 5:12 pm to LSU82BILL
Probably his own personal enjoyment.
Hes been know as a Racist for 30yrs. How do people not understand that by now
Hes been know as a Racist for 30yrs. How do people not understand that by now
Posted on 5/1/14 at 5:25 pm to Goldrush25
quote:
As long as owners refrain from comments that can be construed as racist, they're pretty much in the clear. And every other owner in recent member has been able to do so but Sterling. There is no slippery slope. There will be no backlash if an owner comments on women, or gays, or anything else. Sterling is an isolated case, and he made a lot of enemies while in the NBA.
1. You can't really be that naive.
2. What is construed as racist can be very ambiguous in this day and age. I promise you that every owner of a sports franchise has said something in their life which someone else could construe as being "racist", even if it was said without any malicious intent.
3. You're basically saying that discrimination against one group of people is "worse" that discrimination against another group of people. Are we now creating a hirearchy of victims of discrimination? With Sterlling's puishment, the comissioner (of any league) now IMO must issue the same punishment for any discriminatory comments. Otherwise, he will essentially be saying that discrimination against gays isn't as bad as discrimination against blacks. Or discrimination against women isn't as bad as discrimination against gays, etc.
That's why this is a poor and short-sighted decision. The NBA was in such a rush to do something at the behest of the outrage police and media that they gave little to no forethought as to the far-reaching consequences that decision might bring.
This post was edited on 5/1/14 at 5:27 pm
Posted on 5/1/14 at 5:41 pm to stbpike24
quote:nope, incorrect
I don't agree with Sterling but he has a right to his own views and not be punished for them....period
Posted on 5/1/14 at 5:43 pm to tankyank13
quote:not relevant, didn't need to
He broke no law
Posted on 5/1/14 at 5:47 pm to Na Mean
He is going to take the clippers down with him.
They will return to shittyness and may never recover once the lakers are revived.
They will return to shittyness and may never recover once the lakers are revived.
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