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Posted on 4/29/14 at 2:43 pm to Rex
quote:
Does it strike anybody else as strange that the two principal combatants here are named "Sterling" and "Silver"?
Funniest thing you've ever said
Posted on 4/29/14 at 2:43 pm to LSUGrrrl
Forgot to add: I think it would set horrible precedent to rule this as a hostile work environment unless the forced contract was a clear consideration for the decision.
Posted on 4/29/14 at 2:44 pm to SlowFlowPro
quote:
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.
This is the difficult concept. While they have to have a 75% vote to expel him or whatever, but by 75% of them voting against him, he can make a claim of collusion (antitrust violation). It's fascinating stuff and will take years to decide IMO.
Posted on 4/29/14 at 2:44 pm to SlowFlowPro
So he'd still have to sell in that scenario. He'd just get the difference of FMV and what he's "forced" to sell out. It still means he's not the owner of the clippers. Even the antitrust tact doesn't save him, just makes him money.
And again, courts have been loathe to apply antitrust to sports leagues. I think the NBA's legal department is supremely confident they would win any antitrust suit. He needs to show he was unfairly precluded from competing, and they will say he was fairly precluded, and was afforded all of the due process afforded under the contract.
And again, courts have been loathe to apply antitrust to sports leagues. I think the NBA's legal department is supremely confident they would win any antitrust suit. He needs to show he was unfairly precluded from competing, and they will say he was fairly precluded, and was afforded all of the due process afforded under the contract.
Posted on 4/29/14 at 2:44 pm to Dr RC
quote:
that doesnt mean anyone who was offended by Sterling telling his side piece that she shouldn't be seen in public with black people is stupid.
it does mean they're thinking emotionally
Posted on 4/29/14 at 2:44 pm to jg8623
quote:
I'm sure some are like that, but who knows how the other 29 owners in the NBA are
My post was in response to one stating they were told to shut up, fall in line, whatever, or face sanctions. Nobody likes being told to do whether they're wealthy or flat broke.
Posted on 4/29/14 at 2:45 pm to Dr RC
Am I a total a-hole if I think Sterling kinda has a case here?
What he said was despicable, don't get me wrong, but this is a slippery fricking slope we're on when it comes to making OWNERS sell.
What he said was despicable, don't get me wrong, but this is a slippery fricking slope we're on when it comes to making OWNERS sell.
Posted on 4/29/14 at 2:46 pm to Baloo
quote:
So he'd still have to sell in that scenario.
i said it was the first step, which will take years to litigate through appeals, i'd imagine
quote:
He'd just get the difference of FMV and what he's "forced" to sell out. It still means he's not the owner of the clippers. Even the antitrust tact doesn't save him, just makes him money.
yes, but it's money the NBA likely cannot afford, which is what makes it all interesting (And why i think this is a stall move0
quote:
and was afforded all of the due process afforded under the contract.
that's the second issue, and is still in disupte
Posted on 4/29/14 at 2:46 pm to SlowFlowPro
Posted on 4/29/14 at 2:46 pm to jg8623
quote:
Anyone who as listened to him recently could tell you this
What I mean is "If Screamin' Stephen A Smith is the voice of reason, something is fricked up."
Yes, he's probably toned it down considerably, but that just means that the bar for other black commentators on ESPN has to be pretty damn low.
Posted on 4/29/14 at 2:46 pm to lsu2006
There is no room for racism in Sports or in life. But I can almost promise you that nearly every NBA player has made a racist remark in their lifetime. I have done so and it is wrong and unfair. I look down on others at times . It is part of the human condition that we all share. It is wrong to judge others on the color of a man' skin.
I repent and ask for forgiveness .
I repent and ask for forgiveness .
Posted on 4/29/14 at 2:46 pm to SlowFlowPro
Would it be damning to the nba if sterling could prove silver advised owners to vote yes?
Posted on 4/29/14 at 2:47 pm to NawlinsTiger9
quote:
Am I a total a-hole if I think Sterling kinda has a case here?
What he said was despicable, don't get me wrong, but this is a slippery fricking slope we're on when it comes to making OWNERS sell.
think of it in this hypothetical term
mark cuban is told not to make negative comments about the ruling or he'd face the same punishment, under the same theory (criticizing the league in a time of crisis and indirectly supporting racism)
Posted on 4/29/14 at 2:47 pm to JBeam
isn't he obsessed with scorpions on his property?
Posted on 4/29/14 at 2:47 pm to SlowFlowPro
I'd sell if I was Donald Sterling. He could afford to build a huge plantation in Kenya if he wants.
Posted on 4/29/14 at 2:47 pm to NawlinsTiger9
quote:
Am I a total a-hole if I think Sterling kinda has a case here?
I'm sure he has something to go off of, but I think the NBA knows what they are doing as well
Posted on 4/29/14 at 2:48 pm to JBeam
Posted on 4/29/14 at 2:48 pm to lsu2006
quote:
All I've said is that banning him was a very good business move and that the NBA's push to force him to sell should be interesting.
What's good for business isn't always legally justifiable or right. It's also good for business to offer no benefits and pay below minimum wage, but that doesn't make it legal.
You love to act like this is in the best interest in the NBA, but until they fine and someone like Kobe Bryant for something he actually said at a game while WORKING, then I don't know what to say.
The double standard is alive and well, and that is the issue at hand. I hate Sterling, and he's a total POS, but I hope he sues the pants of the NBA and wins, because this is the most ridiculous thing I've ever heard.
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