I'm not adamant about it.
I'm only saying an owner vote doesn't mean anything. It's only the first step in a long process if Sterling decides to fight it in court.
I think he'd be dumb to do it given his age and the cost but he could fight it. You can fight anything in court and this COULD drag out for years.
That's all I'm saying. This other guy is claiming once the owners vote, that's the end of the situation. That's just not true if Sterling wants to fight it.
And oh by the way, media outlets reported today he is in fact looking for lawyers to help him take this case to court.
Antitrust has nothing to do with "willful" actions according to a Constitution.
18(e) of the NBA Constitution -
All actions duly taken by the Board of Governors shall be final, binding and conclusive, as an award in arbitration, and enforceable in a court of competent jurisdiction in accordance with the laws of the State of New York.
There's literally nothing he can do. The courts are not going to intrude on a private business, they are not going force an owner in an Association to remain an owner when he signed an agreement that the other owners can kick him out and their decision is final. There's nothing there man, the NBA Constitution is a beast for the NBA and gives them a lot of power. Lot of the lawyers quoting early on in this case had never seen the NBA Constitution. Now that it has been released, he really has no leg to stand on. His only prayer is if less than 3/4ths of the owners vote him in.
Not that I have seen, especially since the Constitution has been released. I'm just giving my opinion since this is a forum and we are not all lawyers. Of course it will play out some way or the other. I'm just giving my argument and opinion. If I'm wrong, then I will eat crow, but since that rarely happens, I'm pretty confident in my opinion here. Just based on common sense. Not a lot of common sense believers on this site... a lot more conspiratorial, ignorant, movie watchers that think the entire world is some sort of conspiracy theory. This shit will be easy for the NBA as long as they get the 3/4ths owners vote.
I don't argue with people in my day-to-day life about politics or sports. I'm actually one of the most laid back guys you'll ever meet in person. I find these forums to be an escape from reality, to deal with people that I can't find in real life. Some guys on this site like Acebb, Willie, festeringZit, scottcarter, NFLTrends, Dave, Russ, Gas Man, StevieRay, Loomis, Samhain, etc... I honestly don't know how they can cross the street without a helmet on. They are that dumb.
It doesn't matter. His actions that were willfully done by himself in his private home have adversely affected the NBA. And remember this argument is not a legal argument that is going to be presented to a jury. He has to convince the owners that his actions were not "willfully" done. With his history and the public backlash and the potential of what would happen if the owners didn't force him out. There is no chance the owners will do that. It is a 29-0 vote, Adam Silver gets control of the team, and he is done.
AK, what if you were sitting in your home and your wife taped you saying you didn't like your boss. Then, you and your wife are divorcing and she gives him the recording. The boss fires you.
Were your comments made in a willful attempt to hurt your company or your boss in any way?
There's no way on earth a jury would say Sterling's comments were made in a willful manner to hurt the NBA.
A jury will never have to decide that. The owners decision is final and binding and they decide whether he broke their constitution or not. Sterling has no legal recourse here.
And it all depends on your contract. Like the dude said, players are much more protected from their actions than owners. But if you were at an executive level at a company and it was public knowledge you hated your boss they probably would have the legal ability to do something. These are private businesses.
