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Started By
Message
re: Sterling Punishment: Lifetime Ban, 2.5M Fine, Urging Owners 2 Force Sale of team
Posted on 4/29/14 at 1:57 pm to Chad504boy
Posted on 4/29/14 at 1:57 pm to Chad504boy
quote:
so their option is to walk away from the nba bc their owner is racist and forfeit their contracts and lifetime of earnings and that should be their only recourse of action?
Why are you asking me this question? Danny boy said I sounded stupid for making this same argument. I'm asking him to explain to me how that argument is stupid. I'm guessing he can't.
1
Posted on 4/29/14 at 1:57 pm to rockchlkjayhku11
quote:
yeah but apparently there really isn't much about losing ownership unless you are financially insolvent. there are talks of basically changing the nba constitution and then using that to punish sterling and remove him from ownership. if that is the case (which i have no clue), he could potentially win in court from just that and not even have to address the acquisition of the recording/conversation and its legality.
Youve got to be kidding? Is it not perfectly legal to amend a document to use as a means terminate a member after the fact that doesnt share your agenda? IS THIS NOT HOW THIS COUNTRY WORKS!!!!??? ....
Of course not. Which is why anyone that honestly believes Sterling will lose this team is a nimrod.
Posted on 4/29/14 at 1:57 pm to SlowFlowPro
quote:
if this affects the price of the team, assuming he could get liability on the NBA (not likely, but possibly), they could be forced to pay him hundreds of millions of dollars. the NBA cannot afford that
How would he then "own" the NBA?
no one "owns" the NBA, the only way you could theoretically do it is if you bought every other franchise. Do you think a few hundred mil in lost value (which I don't think will happen btw but that's a different and more rational argument) will buy him every other franchise, none of which are currently for sale? I'm guessing the various owners would probably be liable if they voted him out. And between the ownership groups in the NBA they can absolutely afford a few hundred million
This post was edited on 4/29/14 at 1:59 pm
Posted on 4/29/14 at 1:57 pm to barry
quote:
Her gold digger days are over.
she's going to possibly go for the reality tv star route. expect a sex tape to "leak" in 4-6 mos
Posted on 4/29/14 at 1:58 pm to tigerpimpbot
quote:
f they get drafted by the clippers, they can only play for the clippers.
Exactly.
Posted on 4/29/14 at 1:58 pm to LSUGrrrl
quote:
Why are you asking me this question? Danny boy said I sounded stupid for making this same argument. I'm asking him to explain to me how that argument is stupid. I'm guessing he can't.
you're a girl so i figured you were the dumb one in the convo... sorry.
Posted on 4/29/14 at 1:58 pm to dante
quote:
I have a real problem with someone's property being taken from them because of their views. From that standpoint I guess I do support Sterling.
Sure, unless the contract says they can.
My only issues are the sale and the potential for a double standard. I don't like that we keep elevating racism to the highest thought crime possible, although I do understand how something had to happen due to the nature of the NBA.
But let's say an owner beats his wife, or drives drunk, both of which are more inherently harmful than private comments about race, what can the NBA do?
Posted on 4/29/14 at 1:58 pm to CarolinaSoCocky
quote:
Recording the phone conversation was a shitty move, but now that the info is out Silver/owners have no other choice but to try and remove him from the league. The only other option would be to let the players out of their contracts but that would be like a death penalty to the Clippers and probably hurt the NBA far worse.
The league has wanted this turd out for some time now. They just needed an opening. Stern missed his window to punish Sterling years ago. Silver didn't make that same mistake.
I'm really not outraged by what Sterling said in the tapes. That said I'm not shedding a tear that this is happening to him. It's been a long time coming.
This post was edited on 4/29/14 at 1:59 pm
Posted on 4/29/14 at 1:59 pm to LSUGrrrl
And Jemele Hill acting retarded again. Unreal how she has a job.
Posted on 4/29/14 at 1:59 pm to SlowFlowPro
Matt Kemp is going to be her sugar daddy
Posted on 4/29/14 at 1:59 pm to barry
quote:
Her gold digger days are over
Doubt it. Some rich guy is going to pay to tap that arse.
Posted on 4/29/14 at 1:59 pm to Goldrush25
stern silver sterling. holy s cow.
Posted on 4/29/14 at 1:59 pm to LSUHoleInOne
BETSPN
This post was edited on 4/29/14 at 2:00 pm
Posted on 4/29/14 at 1:59 pm to ShaneTheLegLechler
quote:
Do you think a few hundred mil in lost value (which I don't think will happen btw but that's a different and more rational argument) will buy him every other franchise, none of which are currently for sale?
no, but many franchises would face serious financial issues
the NBA can't afford to contract teams for less amounts of money, for example
Posted on 4/29/14 at 1:59 pm to Chad504boy
quote:
you're a girl so i figured you were the dumb one in the convo... sorry.
Just what he thought, too.
Too bad you were both wrong Posted on 4/29/14 at 2:00 pm to ShaneTheLegLechler
quote:
How would he then "own" the NBA? no one "owns" the NBA, the only way you could theoretically do it is if you bought every other franchise. Do you think a few hundred mil in lost value (which I don't think will happen btw but that's a different and more rational argument) will buy him every other franchise, none of which are currently for sale?
This is how it works. If he proves that this caused his sale price to drop from $750M to $700M, he has $50M in damages, thus he will be awarded $19B in franchises. It's really quite simple....
Posted on 4/29/14 at 2:00 pm to Pettifogger
quote:
But let's say an owner beats his wife, or drives drunk, both of which are more inherently harmful than private comments about race, what can the NBA do?
people are going to jump in and tell you that these are shitty comparisons, but it doesnt have to be a DIRECT comparison to make sense. we are now punishing owners for private conversations, beliefs, and actions. i agree with you. what happens if an owner does the shite you mentioned?
Posted on 4/29/14 at 2:00 pm to Pettifogger
quote:
But let's say an owner beats his wife, or drives drunk, both of which are more inherently harmful than private comments about race, what can the NBA do?
Beating his wife has no impact on the work environment for his make players.
Posted on 4/29/14 at 2:01 pm to LSUGrrrl
quote:
f they get drafted by the clippers, they can only play for the clippers.
Exactly.
Boo frickin hoo. "I HAVE to play basketball for millions of dollars. I just dont see how (tear streaming down face) I can play for a racist owner though..."
Posted on 4/29/14 at 2:01 pm to SlowFlowPro
quote:
if this affects the price of the team, assuming he could get liability on the NBA (not likely, but possibly), they could be forced to pay him hundreds of millions of dollars. the NBA cannot afford that
This.
What's next for NBA in Donald Sterling case from a legal standpoint?
quote:
Step 4: 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 law.
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