How Are They Going To Force Sterling To Sell??

[Shub]

I am not sure why Ak thinks this will play out quickly when petty much every analysis I have read says it could get tied up in court for years. I am not pretending to be an expert on the ins and outs of corporate and anti-trust law...... but one wonders why Ak thinks he is.

Experts in litigation for the nba?

 

[Cyyyyk]

Experts in litigation for the nba?

You mean like Ak?

 

[SECplayer]

I know you're just trying to prove a point but do you want this to linger on?

It's not a personal preference for me. I think Sterling is an idiot. He's racist. I get that and have never argued otherwise.

My only argument is that in America, you're allowed to be a moron. When it comes to taking someone's property for any reason whatsoever, it's rarely a simple process. Now when you're talking about taking someone's private business for comments he made, I completely disagree with it. And I think a court would to.

Regardless, akphidelt seems to think legal recourse is not even an option which is just insane.

 

[Shub]

It's not a personal preference for me. I think Sterling is an idiot. He's racist. I get that and have never argued otherwise.

My only argument is that in America, you're allowed to be a moron. When it comes to taking someone's property for any reason whatsoever, it's rarely a simple process. Now when you're talking about taking someone's private business for comments he made, I completely disagree with it. And I think a court would to.

Regardless, akphidelt seems to think legal recourse is not even an option which is just insane.

i don't think the courts want much to do with this

 

[Cyyyyk]

i don't think the courts want much to do with this

The courts dont decide if they "want" to have something to do with something....... the litigants and the law generally make that choice.

 

[Shub]

The courts dont decide if they "want" to have something to do with something....... the litigants and the law generally make that choice.

which states.

The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000. (emphasis added)

with that being said I'm sure sterling will seek to vacate such a determination but it will probably get dismissed.
​

 

[Cyyyyk]

which states.

The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000. (emphasis added)

with that being said I'm sure sterling will seek to vacate such a determination but it will probably get dismissed.
​

That refers to the imposition of the $2.5 million penalty but this thread is about forcing him to sell which is much bigger and trickier issue.

 

[Shub]

which states.

The Commissioner shall, wherever there is a rule for which no penalty is specifically fixed for violation thereof, have the authority to fix such penalty as in the Commissioner’s judgment shall be in the best interests of the Association. Where a situation arises which is not covered in the Constitution and By-Laws, the Commissioner shall have the authority to make such decision, including the imposition of a penalty, as in his judgment shall be in the best interests of the Association. The penalty that may be assessed under the preceding two sentences may include, without limitation, a fine, suspension, and/or the forfeiture or assignment of draft choices. No monetary penalty fixed under this provision shall exceed $2,500,000. (emphasis added)

with that being said I'm sure sterling will seek to vacate such a determination but it will probably get dismissed.
​

.

 

[SECplayer]

http://msn.foxsports.com/college-fo...e-donald-sterling-to-sell-the-clippers-050114

Everyone should read this article. It's pretty short and very clear. Unlike akphidelt's comments, this actually cites to the relevant bylaws and construes them in a logical fashion, not just blanket statements with no reasoning whatsoever.

 

[Cyyyyk]

Everyone should read this article. It's pretty short and very clear. Unlike akphidelt's comments, this actually cites to the relevant bylaws and construes them in a logical fashion, not just blanket statements with no reasoning whatsoever.

Yea pretty much every anaylsis from every source says this is a big compliacted mess that could take a while to sort out...... but obviously our resident corporate law and anti-trust law experts know better.

 

[alphabet365]

Let oprah buy it!

 

[carlspackler]

This is how it will go down. In the near future Sterling will awaken in his bed and roll over to find the severed head of his beloved horse Fauvel lying next to him. He will know then that it will be time to sell the team.

 

[Enfuego]

Michael McCann @McCannSportsLaw · 10h At some point a judge will ask: If you're in your home having a private conversation, how can you 'willfully' hurt the NBA?

 

[Acebb]

[h=1]NAACP L.A. president resigns amid Sterling controversy[/h]
http://www.usatoday.com/story/news/...enkins-naacp-resigns-donald-sterling/8589257/

popcorn-eatinggif

 

[SECplayer]

Michael McCann @McCannSportsLaw · 10h At some point a judge will ask: If you're in your home having a private conversation, how can you 'willfully' hurt the NBA?

Exactly. "Willfully" requires intent.

Tough argument to say Sterling made these comments to intentionally hurt the NBA.

 

[919]

I think it's clear. Unless he sells the team on his own, he will be the owner of the LAC upon tip of next year's season. The NBA will not force him to sell before tip.

If he "decides to sell it on his own", he has effectively been forced to sell...

 

[919]

You missed my point. You said he's no different than a franchise owner of a restaurant. I told you he's a billionaire. That makes him different than franchise owners of restaurants. Not many, if any, franchise owners are billionaires.

Probably the owners of every major sports team.

 

[Enfuego]

If he "decides to sell it on his own", he has effectively been forced to sell...

Disagree. If the case is in the court system and he actually has a chance to win but decides to sell on his own, he is not being forced to sell. A court ruling can force him to sell.

 

[akphidelt]

Disagree. If the case is in the court system and he actually has a chance to win but decides to sell on his own, he is not being forced to sell. A court ruling can force him to sell.

That's ludicrous. If he has the choice to sell or battle the courts and he chooses to sell, he was still forced to the sell the team.

 

[akphidelt]

Yea pretty much every anaylsis from every source says this is a big compliacted mess that could take a while to sort out...... but obviously our resident corporate law and anti-trust law experts know better.

It will be quick and easy. Most likely won't even end up in court.