We Gonna Act like The NBA Didn't PURPOSELY Overreach?

[NumberSix]

This is what just happened.


The NBA made an absurd overreach knowing that Sterling will sue and win. Sterling's "punishment" will be overturned, and the NBA gets to publicly look like it threw the hammer down hard on him.

PR move, knowing that this won't hold up.

[oarabbus]

This is a breath of fresh air from all the ****ing stupidity on this site. Finally someone who doesn't live in fantasy land and understands how the world works.

[MostHated305]

This is what just happened.


The NBA made an absurd overreach knowing that Sterling will sue and win. Sterling's "punishment" will be overturned, and the NBA gets to publicly look like it threw the hammer down hard on him.

PR move, knowing that this won't hold up.


You don't think the NBA dreamteam of lawyers didn't already check all the angles?

[UK2K]

Yes they did, but it was their only move.

Can't come off as looking as soft.

But Sterling will either sell the team to his best friend, sell the team to a random person for whatever price he wants, or sue and win.

But Silver had to make a strong statement.

[Le Shaqtus]

Silver will ban you too son

Watch yo mouth

[kuniva_dAMiGhTy]

Wrong

[Derka]

Furthermore, 3/4s of the NBA owners are not going to vote for him to be forced to sell. No way it happens.

Feels like Silver doing the max and then passing the buck.

[IncarceratedBob]

What ground does Sterling have to sue? It's clear as day in the NBA constitution, if you are a racist then you are not allowed to own an NBA team. He has absolute structural ropicity.

[BarberSchool]

They didn't over reach.

Justice has not been truly served, until the ability to profit off the hard work and passion of Clippers' players and coaches and fans, is removed from the greedy, avaristic clutches of Donald Tokowitz.

[UK2K]

What ground does Sterling have to sue? It's clear as day in the NBA constitution, if you are a racist then you are not allowed to own an NBA team. He has absolute structural ropicity.
It says that?

Where?

[Derka]

It says that?

Where?

Its vague language regarding "for the good of the league" I'm thinking. Haven't read it myself though.

[Laker4Lyfe]

:roll::roll::roll::roll:

[Sarcastic]

Overturned by who? The Commissioner's Commissioner?

[Brokenbeat]

This is definitely going to backfire, lol. No way Sterling just walks away.

[oh the horror]

Will bump this thread when Sterling gets tossed.



The man has no real leg to stand on here folks. It was only a temporary bandaid until they could further remove him.

[aboss4real24]

Racist Bastard owners shall not be in the nba

[215Philly]

First you guys said there would be a small fine & thats it. Now you come up with this bs. STFU already

[chocolatethunder]

This is what just happened.


The NBA made an absurd overreach knowing that Sterling will sue and win. Sterling's "punishment" will be overturned, and the NBA gets to publicly look like it threw the hammer down hard on him.

PR move, knowing that this won't hold up.
You know that he can't sue right? That this can only be arbitrated. You knew that right?

[chocolatethunder]

Yes they did, but it was their only move.

Can't come off as looking as soft.

But Sterling will either sell the team to his best friend, sell the team to a random person for whatever price he wants, or sue and win.

But Silver had to make a strong statement.
From my understanding, he can't sue he can only try and have it arbitrated, that's it. The owners agree to that when they become owners. That's part of the constitution. So he cannot sue.

[Straight_Ballin]

You know that he can't sue right? That this can only be arbitrated. You knew that right?

Have you personally read the NBA legal documents that the owners signed?

[NumberSix]

From my understanding, he can't sue he can only try and have it arbitrated, that's it. The owners agree to that when they become owners. That's part of the constitution. So he cannot sue.
Believe it or not, the NBA has no say who gets to file suits in the courts.

General rule.... You can ALWAYS sue.

[DeuceWallaces]

This is a breath of fresh air from all the ****ing stupidity on this site. Finally someone who doesn't live in fantasy land and understands how the world works.

You seem to be the one lacking understanding. If he has his 75% it's over. In the by-laws. Case closed.

[gts]

Clippers statement:

[oarabbus]

You seem to be the one lacking understanding. If he has his 75% it's over. In the by-laws. Case closed.


He can still sue against the ban and the fine...

[Derka]

Believe it or not, the NBA has no say who gets to file suits in the courts.

General rule.... You can ALWAYS sue.

Sure he can. And he totally will. His lawyers can say the NBA Constitution isn't valid or something...they'll say the NBA is racist in its practice. But he's not going to win. He is, however, going to spend millions upon millions putting the legal process through its paces and drag things out for as long as possible merely out of spite because that's the guy he is.

[DeuceWallaces]

He can still sue against the ban and the fine...

The ban and fine are both permitted under the bylaws.

[chocolatethunder]

He can still sue against the ban and the fine...
Not according to the agreement he entered in as an owner. He can have it arbitrated and that's it.

[FLDFSU]

And exactly what would he be suing for?

For making things uncomfortable for him in order to get him to sell? For exercising the powers granted to them (NBA) under their by-laws and constitution?

The only way Sterling wins this is if he appeals to their sense that this may set a bad precedent.

[NumberSix]

You seem to be the one lacking understanding. If he has his 75% it's over. In the by-laws. Case closed.
Don't be surprised if there's an injunction to stop such a vote from taking place.

[FLDFSU]

First you guys said there would be a small fine & thats it. Now you come up with this bs. STFU already


:applause:

[gts]

He can still sue against the ban and the fine...
No he can't.. arbitration clause.. if he tried to sue the judge would throw the case out because of the arbitration clause in the NBA bylaws/constitution

[Sarcastic]

Don't be surprised if there's an injunction to stop such a vote from taking place.


I'm not surprised that you don't know that owning a team is a privilege and not a right. It's an exclusive club of 30 people, and if they don't want you in their circle, then you are kicked out.

[NumberSix]

I'm not surprised that you don't know that owning a team is a privilege and not a right. It's an exclusive club of 30 people, and if they don't want you in their circle, then you are kicked out.
Legally purchased property is not a privilege. It's not specifically a "right", but it's certainly not a privilege.

[Kingwillball]

Nope sterling is gone he will be voted out the other owners have no choice as it would be bad for business and there bottom line.

[2LeTTeRS]

Don't be surprised if there's an injunction to stop such a vote from taking place.

I won't be; but I will be surprised if it works. In order to have a court impose a preliminary objection; he must convince a court of the following:

1) That there is a substantial likelihood of success on the merits of the case,
2) That they face a substantial threat of irreparable damage or injury if the injunction is not granted,
3) That the balance of harms weighs in favor of the party seeking the preliminary injunction
4) That the grant of an injunction would serve the public interest.

Seeing that there seems to be language stating that owners are not allowed to sue and instead must have their grievances heard in arbitration; I see no way that he wins that case.

[2LeTTeRS]

No he can't.. arbitration clause.. if he tried to sue the judge would throw the case out because of the arbitration clause in the NBA bylaws/constitution

Technically your right; he "can" sue -- he just won't win.

[Simple Jack]

Why are people acting like the arbitration clause is going to make his potential for recourse impossible?

He has a somewhat valid anti-trust claim if he's being forced to sell. If he brings a Sherman Act claim, he can still be heard in court in formal litigation.

[Sarcastic]

Legally purchased property is not a privilege. It's not specifically a "right", but it's certainly not a privilege.


The Clippers aren't his property. He owns the franchise rights to them. The NBA owns the Clippers. If it were a normal business that he owned, he could at any time shut down the business, and cease to exist. As a franchise owner, he could not do such a thing.

[dude77]

Racist Bastard owners shall not be in the nba



showing that single digit iq again I see :oldlol:

[Draz]

They would rather over reach than under. Especially for some old racist.

[smoovegittar]

He's gone, and you white boys can only cry about it. I hope he does sue just so he loses more of the old boy money.

You can always stick to "watching hockey"...

[dude77]

He's gone, and you white boys can only cry about it. I hope he does sue just so he loses more of the old boy money.

You can always stick to "watching hockey"...

he's not gone .. clippers playing tonight .. and those 'black boys' are still making that 'raciss' lots of old boy money

[mehyaM24]

the few crying about this are devils....

if you want to be a bigot, whether you're in private or not, be prepared for colossal karma :roll:

[NumberSix]

He's gone, and you white boys can only cry about it. I hope he does sue just so he loses more of the old boy money.

You can always stick to "watching hockey"...
You need to lose your job. RACIST!

[gts]

Why are people acting like the arbitration clause is going to make his potential for recourse impossible?

He has a somewhat valid anti-trust claim if he's being forced to sell. If he brings a Sherman Act claim, he can still be heard in court in formal litigation.

[I]Wrote ESPN legal analyst Lester Munson:

[StrongLurk]

Silver will ban you too son

Watch yo mouth

Yo what up Shaqtus? Where did you get that picture for your avatar?

[SwayDizzle]

The NBA had no choice at this point. There was racism associated with the exposed audio. That clean image the NBA has been working on for decades would be tainted by further association with Sterling. The punishment had to be harsh. It's only a matter of time before he has to sell. He has just become a liability business wise, and we all know money runs the world. Although there is no doubt the man has racist veins, the audio that just got released seemed to expose Sterling's inability to express himself in the right way, all the while masking that weakness with racial comments. The message he tried to convey seemed more that of a jealous man that cared way too much about his image. I did not hear the second audio released last Sunday.

[smoovegittar]

You need to lose your job. RACIST!
You already lost yours, Mr. Bush. I'm white, Bitch! :oldlol:

[steve]

http://espn.go.com/espn/otl/story/_/id/10852199/challenge-donald-sterling

I've posted this about five times today, everyone should read this to get a better idea on what Sterling's options actually are.

[smoovegittar]

he's not gone .. clippers playing tonight .. and those 'black boys' are still making that 'raciss' lots of old boy money
Kiss my ass, Cracker!

[oarabbus]

You know that he can't sue right? That this can only be arbitrated. You knew that right?


You seem to be the one lacking understanding. If he has his 75% it's over. In the by-laws. Case closed.


http://www.forbes.com/sites/markheisler/2014/04/29/next-sterling-sues-nba-donald-says-clippers-arent-for-sale/

[steve]

http://www.forbes.com/sites/markheisler/2014/04/29/next-sterling-sues-nba-donald-says-clippers-arent-for-sale/

He can attempt to sue but as it's been pointed out, it will be pretty futile and he might not want to sell the team but eventually it won't be up to him. Seriously, I just linked to something that explains this whole thing out with the ESPN legal representative who's actually seen the NBA's constitution.

[niko]

They didn't overreach at all. And he's going to lose the vote.

Poor Sterling, going to have to be a billionaire without an NBA team. How terrible.

[Simple Jack]

[QUOTE=gts][I]Wrote ESPN legal analyst Lester Munson:

[brooks_thompson]

I'm surprised there's been no conspiracy theory talk about Dave Stern 'retiring' and setting this up. Funny no one's heard from him on the issue..

[UK2K]

This country is all about free speech...unless your free speech is privately recorded without your knowledge and then released to the public and it upsets people, then it's not so free.

[steve]

This country is all about free speech...unless your free speech is privately recorded without your knowledge and then released to the public and it upsets people, then it's not so free.

The government is not limiting Donald Sterling from saying anything here. That is as far as "free speech" extends. The NBA as an organization has the right to enforce their rules as they see fit. What Sterling's mistess did was illegal but his constitutional rights were not infringed upon.

[Soundwave]

Furthermore, 3/4s of the NBA owners are not going to vote for him to be forced to sell. No way it happens.

Feels like Silver doing the max and then passing the buck.

I think they will get the 3/4ths vote they need.

[Soundwave]

This country is all about free speech...unless your free speech is privately recorded without your knowledge and then released to the public and it upsets people, then it's not so free.

Freedom of speech doesn't mean you can say whatever you feel like without repercussions.

Sterling can say whatever he wants to say. He just can't own an NBA franchise while behaving that way. That is not a protected right.

[Simple Jack]

I think they will get the 3/4ths vote they need.

Can anyone quote that provision of the NBA Constitution? I thought that vote was only if there was financial trouble with the franchise?

[Soundwave]

Can anyone quote that provision of the NBA Constitution? I thought that vote was only if there was financial trouble with the franchise?

http://espn.go.com/espn/otl/story/_/id/10852199/challenge-donald-sterling

[GetBuckets]

[QUOTE=gts][I]Wrote ESPN legal analyst Lester Munson:

[tjgoHAM]

where is larry johnson's punishment?

[UK2K]

where is larry johnson's punishment?
Hes black idiot.

[PejaNowitzki]

What ground does Sterling have to sue? It's clear as day in the NBA constitution , if you are a racist then you are not allowed to own an NBA team. He has absolute structural ropicity.


Except it isn't. Not sure how you can claim that since the NBA Constitution documents are confidential. From everything I've hear, the language is extremely vague and Sterling has plenty of room to argue against any supposed violations.

[JohnFreeman]

http://i.imgur.com/anx8Gxk.jpg

[longtime lurker]

This is what just happened.


The NBA made an absurd overreach knowing that Sterling will sue and win. Sterling's "punishment" will be overturned, and the NBA gets to publicly look like it threw the hammer down hard on him.

PR move, knowing that this won't hold up.

http://static.comicvine.com/uploads/scale_super/11111/111119363/3703224-2966865602-18yce.gif

[PejaNowitzki]

http://espn.go.com/espn/otl/story/_/id/10852199/challenge-donald-sterling



People really need to stop citing Munson. He's looked at as kind of a joke and tends to use a lot of hyperbole, says shit that a first year law student would know better than to say. The only legal guy at ESPN that seems to have a clue is Roger Cossack.


http://hardballtalk.nbcsports.com/2011/04/14/espn-needs-to-get-a-better-legal-expert/



A better analysis came from Leigh Steinberg but the language still remains pretty murky overall.


[quote]

" Under the terms of Paragraph 13 of the constitution, NBA owners also have the right, by three-fourths vote, to revoke ownership if an owner

[MavsSuperFan]

Furthermore, 3/4s of the NBA owners are not going to vote for him to be forced to sell. No way it happens.

Feels like Silver doing the max and then passing the buck.
I think they will. If for no other reason than not to look bad.

Whether this holds up in court is another matter, but the NBA will at least give the impression they are 100% against sterling. Even racist owners are afraid of looking racist, im expecting a unanimous vote.

[Sharmer]

This is what just happened.


The NBA made an absurd overreach knowing that Sterling will sue and win. Sterling's "punishment" will be overturned, and the NBA gets to publicly look like it threw the hammer down hard on him.

PR move, knowing that this won't hold up.


Not sure if he will win, the NBA by laws give's all power to the NBA commissioner.

[MavsSuperFan]

This is what just happened.


The NBA made an absurd overreach knowing that Sterling will sue and win. Sterling's "punishment" will be overturned, and the NBA gets to publicly look like it threw the hammer down hard on him.

PR move, knowing that this won't hold up.
Sterling is cheap, at least an 80% chance he sells, if he is offered a good price, rather than fight this to the supreme court.

If it does go to the supreme court I think sterling would win, but thats going to be expensive, and if he gets a decent price I think sterling sells.

[Sharmer]

Sterling is cheap, at least an 80% chance he sells, if he is offered a good price, rather than fight this to the supreme court.

If it does go to the supreme court I think sterling would win, but thats going to be expensive, and if he gets a decent price I think sterling sells.


What makes you believe he would win in the supreme court ?

[Simple Jack]

What makes you believe he would win in the supreme court ?

What makes him think it will even be heard by the Supreme Court? It must be appealed a number of times before even being able to reach the Supreme Court...and even then they must decide they want to hear the case.