Donald Sterling not going down without a fight

[COnDEMnED]

"Unhappily for the NBA, this means that Donald won

[BrainDead]

:applause: :applause: :applause:

[Beastmode88]

Possession is 9/10th of the law lol. There's no way in hell he's going to sell.

[dude77]

:applause:

[mehyaM24]

this was before silver made his decision...... as of now, 29/29 nba owners are in favor and have unanimously agreed to boot his ass out.....

buh bye,devil

[red1]

sterling vs silver :lebronamazed: jew combat

[red1]

this was before silver made his decision...... as of now, 29/29 nba owners are in favor and have unanimously agreed to boot his ass out.....

buh bye,devil
aww why you gotta spoil the fun

[crawdaddy4ou]

Anyone who believes this guy is just going to ride off in the sunset are mistaken. This will get a lot uglier.

[COnDEMnED]

this was before silver made his decision...... as of now, 29/29 nba owners are in favor and have unanimously agreed to boot his ass out.....

buh bye,devil
29/29 owners or not, he's not giving it up willingly.

[IncarceratedBob]

They still can't force him to sale, even if all the voters agree. He has to want to sell, which he already said he won't.

[BurningHammer]

[[lawsuit intensifies]]

[kamil]

Anyone who believes this guy is just going to ride off in the sunset are mistaken. This will get a lot uglier.

I hope there will be recordings of his reactions :rockon:

[lakerspng]

They may not be able to force him to sell, but they could vote to remove the Clippers from the NBA (revoke their charter) which would devalue them completely. If they did that, or even threatened to, he'd have no choice, he'd lose hundreds of millions overnight.

He will fight for a while, but eventually he has no choice but to leave the organization. They can shut him out.

[STATUTORY]

in what world can you simply force someone to sell his property cause he harbors unpopular sentiment?

obama nation indeed

[dude77]

“I’ll bet he’s preparing to sue the league for devaluing his franchise.”

:oldlol: this guy right here ..


this is gonna get ugly .. letting go of his team isn't even a thought in his mind yet

[PJR]

:oldlol: Yeah...Good luck with that.

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


Q: Sterling is notoriously litigious. Can he go to court to stop Silver from punishing him?

A: Not effectively. When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner's decision shall be "final, binding, and conclusive" and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration. Sterling can file a lawsuit, but he would face a humiliating defeat early in the process. There is no antitrust theory or principle that would help him against Silver and the NBA. He could claim an antitrust violation, for example, if he were trying to move his team to a different market. But under the terms of the NBA constitution, he has no chance to succeed in litigation over punishment.

[Godzuki]

pretty sure the owners along with the league can force him to sell.

i'm not doubting him trying to fight it since he's that type of guy that will take on everyone but there has to be a clause in there where unanimous vote of owners + league can force a owner out.

[STATUTORY]

:oldlol: Yeah...Good luck with that.
they can ban him and contract the team but i don't think they can force him to sell the franchise

[steve]

in what world can you simply force someone to sell his property cause he harbors unpopular sentiment?

obama nation indeed

When that property is part of a larger organization he agreed to join.

[lakerspng]

they cannot make him sell his property, but they can remove his property from under the NBA charter. he can own his basketball team, but they will not belong to a league, making them completely useless and all their player contracts void, since their contracts are hinged on the team being part of the NBA and its players association.

so he can keep his nothing. he couldn't even sell his memorabilia since all of that is licensed under the NBA logo /brand.

[STATUTORY]

When that property is part of a larger organization he agreed to join.
they can kick him out of the organization, contract the team, can't force him to sell.

[pmj]

in what world can you simply force someone to sell his property cause he harbors unpopular sentiment?

obama nation indeed

The world where your other 29 business partners and CEO don't want you as a franchisee anymore, retard.

What does this have to do with Obama?

Edit:obviously it's not truly forcing to sell, it's sell or the threat of contracting.

[NumberSix]

The world where your other 29 business partners and CEO don't want you as a franchisee anymore, retard.

What does this have to do with Obama?
Victim culture, cultural marxism. Take your pick.

[pmj]

Victim culture, cultural marxism. Take your pick.

This is bringing harm to your brand, your business partners, negatively affecting your ability to keep talent, and ultimately affecting your bottom line. The nba wanting to get rid of him is capitalism in action.

[Kakapopo]

http://i.imgur.com/tHw0b.gif

[NumberSix]

This is bringing harm to your brand, your business partners, negatively affecting your ability to keep talent, and ultimately affecting your bottom line. The nba wanting to get rid of him is capitalism in action.
Hmmmmm...... Capitalism would be letting the fans decide.

[SilkkTheShocker]

Donald Sterling is 80 years old people. He is going to stick around until the end. You're not going to get rid of him that easy, haters :oldlol:

[steve]

they can kick him out of the organization, contract the team, can't force him to sell.

They have avenues to remove him as owner of the team, so for all intents and purposes, they can.

[smoovegittar]

:roll: :roll: Ofay gonna fight and piss away even more money! LOVE it! When this piece of shit finally folds like a cheap suit, I'll proclaim it a day of victory.

Time for white attitude to gtfo. This ain't the 20th century.

[sc19]

Greedy Silver trying to steal $2.5 million from greedy Sterling.

[BigBoss]

Silver needs a 3/4 vote from owners to force the sell. Theres nothing to fight.

Penalty is a bit harsh but i get it. Never trust a bitch reason #1000

[NumberSix]

:roll: :roll: Ofay gonna fight and piss away even more money! LOVE it! When this piece of shit finally folds like a cheap suit, I'll proclaim it a day of victory.

Time for white attitude to gtfo. This ain't the 20th century.
Who says it's white attitude? Seemed like it was a matter of another ethnic identity to me.

[dude77]

:roll: :roll: Ofay gonna fight and piss away even more money! LOVE it! When this piece of shit finally folds like a cheap suit, I'll proclaim it a day of victory.

Time for white attitude to gtfo. This ain't the 20th century.

bunch of black guys are gonna make him some serious $$$ playing tonight .. how ya feel ? :oldlol:

[pmj]

Hmmmmm...... Capitalism would be letting the fans decide.

Capitalism isn't only consumers, it's investors, business partners, capital, etc.

His business partners are acting pre-emptively bc they know how their players, their advertisers, the media, and their TARGET audience will perceive not acting.

[NumberSix]

Capitalism isn't only consumers, it's investors, business partners, capital, etc.

His business partners are acting pre-emptively bc they know how their players, their advertisers, the media, and their TARGET audience will perceive not acting.
Meh. After realizing that Duck Dynasty's fans weren't going anywhere, business partners stuck with them.

[smoovegittar]

bunch of black guys are gonna make him some serious $$$ playing tonight .. how ya feel ? :oldlol:
I LOVE it! Brothers gonna get payed. Meanwhile, he's writing a check for 2.5 - How do YOU feel about it "bruh"?

[Im so nba'd out]

bunch of black guys are gonna make him some serious $$$ playing tonight .. how ya feel ? :oldlol:
u not getting none of it how ya feel?+ They all in 1 year will make more than what you will make your whole life :(

[lakerspng]

Meh. After realizing that Duck Dynasty's fans weren't going anywhere, business partners stuck with them.

Duck Dynasty's advertisers play to the same market that they felt Phil Robertson's "values" spoke to. They knew that his remarks lost them literally not a single potential customer.

The NBA and its partners have been advertising to an urban audience for decades now.

Very different situations.

[pmj]

Duck Dynasty's advertisers play to the same market that they felt Phil Robertson's "values" spoke to. They knew that his remarks lost them literally not a single potential customer.

The NBA and its partners have been advertising to an urban audience for decades now.

Very different situations.
Exactly.

[Sarcastic]

Of course Sterling is gonna put up a fight, and drag this out. I don't think anyone expects this to end quickly. But in the end he will lose. His best bet is to sell now, while the franchise still holds value.

[dude77]

I LOVE it! Brothers gonna get payed. Meanwhile, he's writing a check for 2.5 - How do YOU feel about it "bruh"?


I'm not the one jumping up and down 'rejoicing' because they 'got him' .. retard .. he's still the owner and a bunch of blacks are still making lots of money for a guy that said he doesn't want blacks at his game lol .. you got shit all over your face .. how ya feel ? :oldlol:

[salwan]

they cannot make him sell his property, but they can remove his property from under the NBA charter. he can own his basketball team, but they will not belong to a league, making them completely useless and all their player contracts void, since their contracts are hinged on the team being part of the NBA and its players association.

so he can keep his nothing. he couldn't even sell his memorabilia since all of that is licensed under the NBA logo /brand.

this.:applause: he cant win a fight with the nba.

[noob cake]

They may not be able to force him to sell, but they could vote to remove the Clippers from the NBA (revoke their charter) which would devalue them completely. If they did that, or even threatened to, he'd have no choice, he'd lose hundreds of millions overnight.

He will fight for a while, but eventually he has no choice but to leave the organization. They can shut him out.

This, you can't force a man to sell his property. But NBA sure can make the Clippers worthless overnight, which might not in the interest of the other 29 owners, but they can apply a metric ton of pressure (make Clippers players free agents, kick Clippers out of the league)

[oarabbus]

I'm not the one jumping up and down 'rejoicing' because they 'got him' .. retard .. he's still the owner and a bunch of blacks are still making lots of money for a guy that said he doesn't want blacks at his game lol .. you got shit all over your face .. how ya feel ? :oldlol:


THIS GUY IS SO BUTTHURT! :lol

[smoovegittar]

I'm not the one jumping up and down 'rejoicing' because they 'got him' .. retard .. he's still the owner and a bunch of blacks are still making lots of money for a guy that said he doesn't want blacks at his game lol .. you got shit all over your face .. how ya feel ? :oldlol:
First off, I'm not jumping up and down. I'm sitting here, pleased that this chump (no - not you) is getting his due. Secondly, these guys will be playing long after his stupid senile ass (no -not you) is history. And third, according to your avatar you're the only one with shit on your face, young man. Sorry you won't be fapping away at my next post, because I've introduced you to my ignore list "bruh". :D

[Im so nba'd out]

I'm not the one jumping up and down 'rejoicing' because they 'got him' .. retard .. he's still the owner and a bunch of blacks are still making lots of money for a guy that said he doesn't want blacks at his game lol .. you got shit all over your face .. how ya feel ? :oldlol:
http://www.troll.me/images/futurama-fry/then-why-you-mad-bitch.jpg

[steve]

This, you can't force a man to sell his property. But NBA sure can make the Clippers worthless overnight, which might not in the interest of the other 29 owners, but they can apply a metric ton of pressure (make Clippers players free agents, kick Clippers out of the league)

No, their constitution allows them to literally take a franchise away from an owner under certain circumstances, which right now Sterling falls under. Granted the language is vague but it can still (and if he refuses sell will) happen. He'll be compensated but at some point in the very near future the Clippers franchise will not be his. Seriously, people need to read this before the comment on these things: http://http://m.espn.go.com/general/story?storyId=10852199&src=desktop

[Joyner82reload]

I LOVE it! Brothers gonna get payed. Meanwhile, he's writing a check for 2.5 - How do YOU feel about it "bruh"?

And 75% of those brothers will be completely bankrupt and slump into a terrible depression for the rest of their miserable lives due to poor money management. Meanwhile Sterling is a multibillionaire racist whose family, which could very well be racist as well, will be living the good life for generations

[COnDEMnED]

No, their constitution allows them to literally take a franchise away from an owner under certain circumstances, which right now Sterling falls under. Granted the language is vague but it can still (and if he refuses sell will) happen. He'll be compensated but at some point in the very near future the Clippers franchise will not be his. Seriously, people need to read this before the comment on these things: http://http://m.espn.go.com/general/story?storyId=10852199&src=desktop
Link is broken, or maybe it's just me. I'd like to read it :cheers:

[Soundwave]

The NBA can take his team away, its in their constitution.

Sterling should just bow out, he's not going to come out ahead in this fight.

[steve]

Link is broken, or maybe it's just me. I'd like to read it :cheers:

It might be because I'm posting from my phone. Look up "Lester Munson Donald Sterling" on google. Munson is a legal representative for ESPN and one of the few people outside of owners and NBA officials who have access to the NBA constitution.

[steve]

The NBA can take his team away, its in their constitution.

Sterling should just bow out, he's not going to come out ahead in this fight.

If he just accepts his fate, this is relatively true. The Clippers could easily sell for at least $800 million right now.

[smoovegittar]

And 75% of those brothers will be completely bankrupt and slump into a terrible depression for the rest of their miserable lives due to poor money management. Meanwhile Sterling is a multibillionaire racist whose family, which could very well be racist as well, will be living the good life for generations
Yeah, I know the stats. But I'll say this - give me a shot at being a pro baller, and I'll make some smart moves with my money.

I can't undo all the money that the Sterling foundation has amassed over the years. I also can't educate all the players out there that should know how to manage money... that's their job, not mine. If the Clippers as a team dissolve, then I have some sympathy for the players who's lives are in disarray. But you can't have everything.

I'm just happy that the punishment merited was harsher than I hoped for.

[AnaheimLakers24]

hope the nba folds. we can all agree it would be that homo brans fault for collusion

[SpecialQue]

Dear god PLEASE let him fight this in court!!!!!

[smoovegittar]

Dear god PLEASE let him fight this in court!!!!!
My thoughts exactly.

[tjgoHAM]

sterling vs silver :lebronamazed: jew combat

jewmanji

[BurningHammer]

jewmanji
http://i.imgur.com/z5hi8sl.gif

[MaxFly]

Meh. After realizing that Duck Dynasty's fans weren't going anywhere, business partners stuck with them.

Different demographic. It will be interesting to see how fans and players respond if Sterling ends up staying, and how advertisers will respond. It's safe to say that black players will try their best to avoid the Clippers... certainly big name players will... and fans of the game will remain critical. The value of the team is sure to drop substantially, and even if business partners try to tough it out, they won't be willing to pay market value given the cloud hanging over the team, further devaluing the team.

Safe bet is that Sterling will be out.

[Lord Leoshes]

in what world can you simply force someone to sell his property cause he harbors unpopular sentiment?

obama nation indeed


I personally think that he is a racist lowlife, but just like that is my opinion on him, he has the right to his. even if I don't like it.

We (the united states) r becoming more, & more fascist every day. little by little r rights, & liberties r disappearing, & all that is left is this police state. :facepalm

[MaxFly]

I'm not the one jumping up and down 'rejoicing' because they 'got him' .. retard .. he's still the owner and a bunch of blacks are still making lots of money for a guy that said he doesn't want blacks at his game lol .. you got shit all over your face .. how ya feel ? :oldlol:

"bunch of blacks"

That's what those players are? A "bunch of blacks?"

[pmj]

I personally think that he is a racist lowlife, but just like that is my opinion on him, he has the right to his. even if I don't like it.

We (the united states) r becoming more, & more fascist every day. little by little r rights, & liberties r disappearing, & all that is left is this police state. :facepalm

I really don't understand how people that supposedly care about this country and talk about fascism/communism/etc. simply don't understand our rights. Free speech does NOT apply to your business investors, partners, advertisers, and customers wanting to continue to do business with you. This has nothing to do with government FFS, this is Sterling business cohorts saying I don't want to do business with you anymore.

[beastee]

He absolutely doesnt need to sell the team... He's Got NBA League Pass Dog!

http://imgur.com/Qg2YPzx

http://imgur.com/Qg2YPzx

[MaxFly]

I personally think that he is a racist lowlife, but just like that is my opinion on him, he has the right to his. even if I don't like it.

We (the united states) r becoming more, & more fascist every day. little by little r rights, & liberties r disappearing, & all that is left is this police state. :facepalm

He has the right to believe what he wants to believe. Silver, and the other owners have the right to no longer want him as a member of their group based on that... especially if it could hurt the value of the league.

[IamRAMBO24]

Sterling is a fiesty old dog. As much as I hate the guy, at least he's standing his ground. You gotta respect that. That f*cker is mad. Plus he's got a billion dollars to express his anger. It's going to be interesting.

[IamRAMBO24]

He absolutely doesnt need to sell the team... He's Got NBA League Pass Dog!

http://imgur.com/lBUwBh0

That's so f*ckin sad. It's like me owning a movie theater and I'm never allowed to watch another movie there. What kind of f*cked up socialist sh*t is that? Haha .. on top of that, he's getting backstabbed by his ugly a*s fake nose stupid gf who already stole a sh*t ton of money from him and pretty much ruined his marriage and family life.

It's payback time. Drumroll please.

[Dictator]

First off, I'm not jumping up and down. I'm sitting here, pleased that this chump (no - not you) is getting his due. Secondly, these guys will be playing long after his stupid senile ass (no -not you) is history. And third, according to your avatar you're the only one with shit on your face, young man. Sorry you won't be fapping away at my next post, because I've introduced you to my ignore list "bruh". :D

I dont know why this made me laugh. :lol

[pmj]

That's so f*ckin sad. It's like me owning a movie theater and I'm never allowed to watch another movie there. What kind of f*cked up socialist sh*t is that? Haha .. on top of that, he's getting backstabbed by his ugly a*s fake nose stupid gf who already stole a sh*t ton of money from him and pretty much ruined his marriage and family life.

It's payback time. Drumroll please.

No, this is like you owning 1/30th of the theatre and the other 29 owners don't want you to be an owner anymore, or even come to the theatre, because you scare away half the advertisers and customers.

[Derka]

They still can't force him to sale, even if all the voters agree. He has to want to sell, which he already said he won't.

Yeah, they can.

[ThePhantomCreep]

u not getting none of it how ya feel?+ They all in 1 year will make more than what you will make your whole life :(

Yeah but these angry white anonymous posters are part of the master race! That makes them better and stuff.

[IamRAMBO24]

No, this is like you owning 1/30th of the theatre and the other 29 owners don't want you to be an owner anymore, or even come to the theatre, because you scare away half the advertisers and customers.

So the other 29 owners share the clippers?

[pmj]

So the other 29 owners share the clippers?

I was simplifying a bit, but the owners and their teams ARE the NBA. If 29/30 of the owners don't want you to be part of it, they can close your franchise. Realistically, you would sell before that happens.

Think if McDonalds didn't want you to be part of their franchise anymore. You could turn into some other resteraunt if u want. That's business, if u are affecting the bottom line, you are out.

[IamRAMBO24]

"bunch of blacks"

That's what those players are? A "bunch of blacks?"

Bunch:

A group of like items or individuals gathered or placed together

Blacks:

People of African ancestry

His usage is correct.

[IamRAMBO24]

I was simplifying a bit, but the owners and their teams ARE the NBA. If 29/30 of the owners don't want you to be part of it, they can close your franchise. Realistically, you would sell before that happens.

Think if McDonalds didn't want you to be part of their franchise anymore. You could turn into some other resteraunt if u want. That's business, if u are affecting the bottom line, you are out.

They can only force him to sell, not make him. Big difference.

[nathanjizzle]

ofcourse hes not going to go away quietly. hes a business tycoon. he probably already has an entire lawfirm behind him.

i think even if the 3/4 of the governors of the nba decide on forcing him to sell his shares, he can still appeal through the actual legal system and win. its hard to force someone to sell what they own. however, it will be different if he signed specific contracts with the nba and it include clauses that have to do with such situations, which i doubt it does going back that far when he bought the franchise.

all in all, if he decides to fight it, i think he will remain an owner.
the other scenerio is if the nba offers him an obscene amount of money to get him to leave.

[Soundwave]

They can force him to sell. Pretty sure most franchised businesses have mechanisms to do this -- for example just because you paid for and own a McDonalds restaurant doesn't mean they can't take it away from you if you do something stupid.

[Smoke117]

At 80 years old there are probably few things that amuse him these days...he probably thinks this is hilarious and is going to troll everyone for as long as he can.

[pmj]

They can only force him to sell, not make him. Big difference.

Force by threatening to close his franchise, yes, I said that...

[PejaNowitzki]

:oldlol: Yeah...Good luck with that.

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



Keep in mind the source of that has been spectacularly wrong in the past. i really can't take Munson seriously, he always comes out with the same "this is guaranteed", "this will happen", "he has no chance" sort of click-grabbing rhetoric but has been wrong consistently. He might have been a lawyer but his grasp on Constitutional law seems to be tenuous at best.


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



[quote] "I don

[D.J.]

Yes, the league can force a sale of the team. As long as 3/4 of the owners agree, the league takes the team and runs it until a willing buyer arrives, and they buy the team for dirt cheap since its value would be next to zero at that point.

The other option is 3/4 can vote for the franchise to fold completely. Sterling has nothing to lose, nor does he have any shame. If he was smart, he would sell now while the team is at its max value. He bought it for $12 million in 1981 and he would get over half a BILLION now. If he refuses, the NBA is going to force a sale and a $500 million team would probably be sold for half of that at best.

[PejaNowitzki]

They can force him to sell. Pretty sure most franchised businesses have mechanisms to do this -- for example just because you paid for and own a McDonalds restaurant doesn't mean they can't take it away from you if you do something stupid.



They can take away use of the intellectual property but unless you owe them money, they can't just come and seize your property and equipment.


I'm almost positive that Sterling will file on anti-trust grounds and conspiracy and the NBA will come back with various clauses of personal conduct and what is best for the NBA, in the end I'm sure they will work out a settlement of sorts that might include the other owners having to pay out a bit to satiate Sterling and basically have him GTFO.

[PejaNowitzki]

Yes, the league can force a sale of the team. As long as 3/4 of the owners agree, the league takes the team and runs it until a willing buyer arrives, and they buy the team for dirt cheap since its value would be next to zero at that point.

The other option is 3/4 can vote for the franchise to fold completely. Sterling has nothing to lose, nor does he have any shame. If he was smart, he would sell now while the team is at its max value. He bought it for $12 million in 1981 and he would get over half a BILLION now. If he refuses, the NBA is going to force a sale and a $500 million team would probably be sold for half of that at best.



Half a billion? Try $800 million or better. Bill Simmons was throwing out $1.5 billion earlier. If the Kings sold for $500 million+, a team in the highly desirable L.A. market has a much higher going price.

http://www.nbcnews.com/storyline/nba-race-furor/los-angeles-clippers-could-fetch-more-1-billion-sale-n92911



The result will likely be a $1 billion windfall for Sterling, who bought the team $12 million in 1981.

Adrian Wojnarowski of Yahoo Sports:

Several groups with desire to purchase Clippers are already stepping forward, with a bidding war expected to exceed $1 billion for Clippers.—
Adrian Wojnarowski (@WojYahooNBA) April 29, 2014


The reality is that Sterling will keep the fight up long enough until the NBA coughs up some more dough and then he'll ride off into the sunset with his "mini-victory" of sorts and his pride somewhat satisfied. They know they won't shut down the franchise, he knows they won't shut down the franchise, its a moot point to bring that up.


He'll file for an injunction to prevent the NBA from attempting to take control of the team and the fight will be on.

[Joyner82reload]

Keep in mind the source of that has been spectacularly wrong in the past. i really can't take Munson seriously, he always comes out with the same "this is guaranteed", "this will happen", "he has no chance" sort of click-grabbing rhetoric but has been wrong consistently. He might have been a lawyer but his grasp on Constitutional law seems to be tenuous at best.

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

Several other attorney's have stated that this case will most likely wind up in Federal Court, whether or not Sterling prevails is unknown, not even likely but it will take some time to work its way through the court system.

Bingo. Munson isn't some elite litigator, he's a freaking writer for ESPN. If he were a top tier lawyer he wouldn't be working for ESPN making a few hundred k a year, he would be in legal proceedings making more than the athletes he covers

[D.J.]

[/B]They can take away use of the intellectual property but unless you owe them money, they can't just come and seize your property and equipment.


Sure they can and it's in the NBA's consitution. If there's a situation where an owner has the potential to hurt the NBA's image long-term from a financial perspective and it's determined it's best for the league to rid the person, they most certainly can force a sale or fold the franchise completely.

It's the same thing with any board of directors. If you're part of it and they feel you can damage their reputation or hurt them in any way, you can get booted.

[PejaNowitzki]

Sure they can and it's in the NBA's consitution. If there's a situation where an owner has the potential to hurt the NBA's image long-term from a financial perspective and it's determined it's best for the league to rid the person, they most certainly can force a sale or fold the franchise completely.



Working at a law firm, I've learned that you can put pretty much anything in a contract. Whether that holds up in Court is an entirely different matter. There's going to be a legal fight over this, don't be shocked if a year or two years from now, Sterling is still the owner of the Clippers as this makes its way through the court system. Nothing is as cut and dry as some make it seem.


Even if Sterling doesn't have a good shot at winning, he can drag this out long enough that the NBA settles just to get the story out of the headlines.




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.



http://sportsillustrated.cnn.com/nba/news/20140426/donald-sterling-la-clippers-adam-silver-nba/






he 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.

[Raymone]

Good for him. If the NBA does end up somehow forcing him out, he will sue them so hard for breaking federal (and California) antitrust laws.

[oarabbus]

[/B]


They can take away use of the intellectual property but unless you owe them money, they can't just come and seize your property and equipment.


I'm almost positive that Sterling will file on anti-trust grounds and conspiracy and the NBA will come back with various clauses of personal conduct and what is best for the NBA, in the end I'm sure they will work out a settlement of sorts that might include the other owners having to pay out a bit to satiate Sterling and basically have him GTFO.


Bingo :applause:

[D.J.]

Working at a law firm, I've learned that you can put pretty much anything in a contract. Whether that holds up in Court is an entirely different matter. There's going to be a legal fight over this, don't be shocked if a year or two years from now, Sterling is still the owner of the Clippers as this makes its way through the court system.


You can put whatever you want in a contract. But by being an owner in the NBA, Sterling is agreeing to the NBA's terms and their constitution. All the NBA has to do is prove that Sterling violated their constitution and is a threat to their long-term success and that's pretty much all they need.

I don't doubt Sterling is going to go all out in trying to keep his team. Probably will take a few years before it's all over(assuming the old geezer doesn't drop dead in the meantime).

[Derka]

Good for him. If the NBA does end up somehow forcing him out, he will sue them so hard for breaking federal (and California) antitrust laws.

I'd be willing to be there's ironclad language in the Constitution that prevents owners and players from doing just that.

[Raymone]

Sure they can and it's in the NBA's consitution. If there's a situation where an owner has the potential to hurt the NBA's image long-term from a financial perspective and it's determined it's best for the league to rid the person, they most certainly can force a sale or fold the franchise completely.

It's the same thing with any board of directors. If you're part of it and they feel you can damage their reputation or hurt them in any way, you can get booted.
I'd be willing to be there's ironclad language in the Constitution that prevents owners and players from doing just that.

Their little constitution and "waiver of recourse" will mean jack shit to courts when it comes to an antitrust suit. Sterling's case could easily be that his competitors (other NBA owners) and the league itself have conspired to get rid of him, thus forcing him to sell his team below market value.

[Joyner82reload]

Let's be real. This case has several retrials/appeals written all over it and will eventually make it to the supreme court. This case will take AT LEAST a few years

[STATUTORY]

I'd be willing to be there's ironclad language in the Constitution that prevents owners and players from doing just that.
I very much doubt the consittution have language dealing specifically with issues like this. the bylaws and provisions all concerned with owners who are financially insolvent or betting on games

[Derka]

Their little constitution and "waiver of recourse" will mean jack shit to courts when it comes to an antitrust suit. Sterling's case could easily be that his competitors (other NBA owners) and the league itself have conspired to get rid of him, thus forcing him to sell his team below market value.

He's going to possibly double the market value of the franchise in any sale.

[PejaNowitzki]

You can put whatever you want in a contract. But by being an owner in the NBA, Sterling is agreeing to the NBA's terms and their constitution. All the NBA has to do is prove that Sterling violated their constitution and is a threat to their long-term success and that's pretty much all they need.


There's really no guarantee that he has, he certainly will argue that he hasn't and if he files an anti-trust suit, the case will be heard on its merits. How do you know he's violated the NBA's Constitution? Its a confidential document. From what I've seen and heard, there's no real mention of embarrassing speech, only conduct, in the legal sense there's a difference between the two.





I don't doubt Sterling is going to go all out in trying to keep his team. Probably will take a few years before it's all over(assuming the old geezer doesn't drop dead in the meantime).



He's a bitter, old man with a shitload of money, all he has at this point is his pride. He'll fight this to his death is needed. This will get ugly before it gets better. There's also always the chance that Sterling goes #YOLO and starts airing out all sorts of dirty NBA laundry too.

[Derka]

I very much doubt the consittution have language dealing specifically with issues like this. the bylaws and provisions all concerned with owners who are financially insolvent or betting on games

I'd bet the language is just vague enough to get it done, but like many have already said...barring a miracle, the legal process on this is going to be long and insane.

[PejaNowitzki]

I'd bet the language is just vague enough to get it done, but like many have already said...barring a miracle, the legal process on this is going to be long and insane.


From what I've heard, the language is very vague. Munson tried to argue that it is a "open and close" type deal but as many times as he's been wrong when it came to various other legal situations, I'm hesitant to take him seriously.


I do know that Sterling won't just accept the owner's vote and give up the team without a fight. It will leave the Clippers in legal limbo for quite some time until this all gets ironed out.

If the NBA really wants this to go away, they find a way to settle with Sterling quietly, have each franchise chip in a few million or so on top of whatever he gets from selling the team, let him have his little victory and just go away.

[La Frescobaldi]

the league doesn't have to go to court, don't have to buy the Clippers... don't have to spend any money at all. Nothing. Just ignore him.

Nothing on the schedule for the Clippers; no mention of them anywhere in any NBA merchandise or promotions.... nothing on draft day, no games, nothing at all.
If sterling protests that's simple too: "We don't have any work for you."

Just shun him.

[PejaNowitzki]

the league doesn't have to go to court, don't have to buy the Clippers... don't have to spend any money at all. Nothing. Just ignore him.

Nothing on the schedule for the Clippers; no mention of them anywhere in any NBA merchandise or promotions.... nothing on draft day, no games, nothing at all.
If sterling protests that's simple too: "We don't have any work for you."

Just shun him.


Except they won't do that. Anyone who thinks they would is living in fantasy land. They are not going to contract or suspend the franchise. They are not going to cancel playoff games, they are not going to change up the draft, pull Clippers merchandise from NBA.com, move players around, its a bluff at best and Sterling will know that. There's a lot of contractual entanglements, a lease with Staples Center and many other issues that would create further problems for the NBA and further headlines.


Punishing the fans of the team and the employees in the organization just to teach Sterling a lesson isn't going to happen.

[bluechox2]

anyone stupid enough to buy the clippers for 2 billion... thats how much i would charge if forced to do anything

[PejaNowitzki]

anyone stupid enough to buy the clippers for 2 billion... thats how much i would charge if forced to do anything



Woj said the potential purchase price would likely be over $1 billion. That's crazy.

[La Frescobaldi]

Except they won't do that. Anyone who thinks they would is living in fantasy land. They are not going to contract or suspend the franchise. They are not going to cancel playoff games, they are not going to change up the draft, pull Clippers merchandise from NBA.com, move players around, its a bluff at best and Sterling will know that. There's a lot of contractual entanglements, a lease with Staples Center and many other issues that would create further problems for the NBA and further headlines.


Punishing the fans of the team and the employees in the organization just to teach Sterling a lesson isn't going to happen.

Still cheaper than going to court against a billionaire. The PR alone would be worth millions in good will.

[gts]

[QUOTE=COnDEMnED]"Unhappily for the NBA, this means that Donald won

[gts]

Good for him. If the NBA does end up somehow forcing him out, he will sue them so hard for breaking federal (and California) antitrust laws.
:facepalm They're not breaking antitrust laws because Sterling and the other 29 owners agreed to the bylaws when they became franchise owners


Q: Is it possible for Silver and the NBA to terminate Sterling's franchise ownership?

A: Yes. Under the terms of Paragraph 13 of the constitution, the owners can terminate another owner's franchise with a vote of three-fourths of the NBA Board of Governors, which is composed of all 30 owners. The power to terminate is limited to things like gambling and fraud in the application for ownership, but it also includes a provision for termination when an owner "fails to fulfill" a "contractual obligation" in "such a way as to affect the [NBA] or its members adversely." Silver and the owners could assert that Sterling's statements violated the constitution's requirements to conduct business on a "reasonable" and "ethical" level.

Any owner or Silver can initiate the termination procedure with a written charge describing the violation. Sterling would have five days to respond to the charge with a written answer. The commissioner would then schedule a special meeting of the NBA Board of Governors within 10 days. Both sides would have a chance to present their evidence, and then the board would vote. If three-fourths of the board members vote to terminate, then Sterling would face termination of his ownership. It would require a vote of two-thirds of the board to reduce the termination to a fine. Terminating a franchise would obviously be a drastic remedy, but the potential of the termination procedure gives Silver and the other owners vast leverage in any discussion with Sterling about an involuntary sale of his team.

Q: Sterling is notoriously litigious. Can he go to court to stop Silver from punishing him?

A: Not effectively. When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner's decision shall be "final, binding, and conclusive" and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration. Sterling can file a lawsuit, but he would face a humiliating defeat early in the process. There is no antitrust theory or principle that would help him against Silver and the NBA. He could claim an antitrust violation, for example, if he were trying to move his team to a different market. But under the terms of the NBA constitution, he has no chance to succeed in litigation over punishment.

[PejaNowitzki]

Still cheaper than going to court against a billionaire. The PR alone would be worth millions in good will.



And you risk pissing off a lot of people who couldn't give a damn about anything that is going on off the court. The reality is that there are people who just won't care and want to watch their favorite basketball team.


To me, it's an absolute non-starter, regardless of what the media claims and I imagine Sterling will know that.

[La Frescobaldi]

And you risk pissing off a lot of people who couldn't give a damn about anything that is going on off the court. The reality is that there are people who just won't care and want to watch their favorite basketball team.


To me, it's an absolute non-starter, regardless of what the media claims and I imagine Sterling will know that.
the media? are they talking about it in the media?

[ProfessorMurder]

:facepalm They're not breaking antitrust laws because Sterling and the other 29 owners agreed to the bylaws when they became franchise owners

Regardless, it's an arbitrary ruling about what he said. There's freedom of speech issues here. They're claiming he said something so horrid that it ruins the credibility of the league. Where's the line?

Who's to say Sterling won't try to veto a guy out for saying 'apple' next week?

[PejaNowitzki]

:facepalm They're not breaking antitrust laws because Sterling and the other 29 owners agreed to the bylaws when they became franchise owners


Q: Is it possible for Silver and the NBA to terminate Sterling's franchise ownership?

A: Yes. Under the terms of Paragraph 13 of the constitution, the owners can terminate another owner's franchise with a vote of three-fourths of the NBA Board of Governors, which is composed of all 30 owners. The power to terminate is limited to things like gambling and fraud in the application for ownership, but it also includes a provision for termination when an owner "fails to fulfill" a "contractual obligation" in "such a way as to affect the [NBA] or its members adversely." Silver and the owners could assert that Sterling's statements violated the constitution's requirements to conduct business on a "reasonable" and "ethical" level.

Any owner or Silver can initiate the termination procedure with a written charge describing the violation. Sterling would have five days to respond to the charge with a written answer. The commissioner would then schedule a special meeting of the NBA Board of Governors within 10 days. Both sides would have a chance to present their evidence, and then the board would vote. If three-fourths of the board members vote to terminate, then Sterling would face termination of his ownership. It would require a vote of two-thirds of the board to reduce the termination to a fine. Terminating a franchise would obviously be a drastic remedy, but the potential of the termination procedure gives Silver and the other owners vast leverage in any discussion with Sterling about an involuntary sale of his team.

Q: Sterling is notoriously litigious. Can he go to court to stop Silver from punishing him?

A: Not effectively. When Silver issues his punishment to Sterling, the decision is final. The constitution provides in Paragraph 24(m) that a commissioner's decision shall be "final, binding, and conclusive" and shall be as final as an award of arbitration. It is almost impossible to find a judge in the United States judicial system who would set aside an award of arbitration. Sterling can file a lawsuit, but he would face a humiliating defeat early in the process. There is no antitrust theory or principle that would help him against Silver and the NBA. He could claim an antitrust violation, for example, if he were trying to move his team to a different market. But under the terms of the NBA constitution, he has no chance to succeed in litigation over punishment.



Can we please stop citing the erroneous one. I gave up on listening to Munson after he made blatantly wrong claim after wrong claim on the Aaron Hernandez situation. His track record has been incredibly shoddy but his hyperbole seems to draw clicks.


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



[quote] I don

[COnDEMnED]

It'll be interesting to see what type of team the Clippers put on the floor next season... If they can get enough people to play for them that is and coach them... may be the first 82 games forfeited in the history of the league, course it's not like the'll be on TV
I just realized if Magic Johnson buys the Clippers, I'd no longer have a reason to dislike them. :( I'm not sure how I feel about this, lol. I still won't like CF86 though, and Lakers will always be my top team.

[gts]

I just realized if Magic Johnson buys the Clippers, I'd no longer have a reason to dislike them. :( I'm not sure how I feel about this, lol. I still won't like CF86 though, and Lakers will always be my top team.:lol I'd still dislike the Clippers, just not as much as before... It's a long way from that happening...

[gts]

Regardless, it's an arbitrary ruling about what he said. There's freedom of speech issues here. They're claiming he said something so horrid that it ruins the credibility of the league. Where's the line?

Who's to say Sterling won't try to veto a guy out for saying 'apple' next week? :facepalm

[ProfessorMurder]

:facepalm

You're telling me a person being punished for what they said isn't a freedom of speech issue?

[pmj]

You're telling me a person being punished for what they said isn't a freedom of speech issue?

Freedom of Speech only applies to the government persecuting you for your speech, not your business partners.

[dubeta]

If I was making millions of dollars to throw a ball around, make millions more from exposure and endorsements, all while having 4-6 months of vacation a year, I wouldnt give two f*ucks if my boss was racist or not. Damn these players sure are spoiled

[ProfessorMurder]

Freedom of Speech only applies to the government persecuting you for your speech, not your business partners.

Freedom of speech applies to every human citizen in the country.

Show me a clause in the contract he signed that stated what he was and wasn't allowed to say. I doubt that exists. It's probably a generic 'morality' thing, and the owners and Sterling deemed it punishable. Unless he directly violated something in his contract he can fight it for a long ass time.

[Rasheed1]

Yeah but these angry white anonymous posters are part of the master race! That makes them better and stuff.

:lol

[PejaNowitzki]

Freedom of speech applies to every human citizen in the country.

Show me a clause in the contract he signed that stated what he was and wasn't allowed to say. I doubt that exists. It's probably a generic 'morality' thing, and the owners and Sterling deemed it punishable. Unless he directly violated something in his contract he can fight it for a long ass time.


Freedom of Speech applies to the government prohibiting speech and the government alone. As far as private entities, you can say whatever you want, but you're not free from the consequences of your words. Sterling is learning the consequences of his words right now.


That said, I don't think the NBA has an open and shut case and there will be an extensive legal fight over this in the coming months.

[ProfessorMurder]

Freedom of Speech applies to the government prohibiting speech and the government alone. As far as private entities, you can say whatever you want, but you're not free from the consequences of your words. Sterling is learning the consequences of his words right now.


That said, I don't think the NBA has an open and shut case and there will be an extensive legal fight over this in the coming months.

That's what I'm saying. He is allowed to say what he wants, and as long as it doesn't directly violate his contact then he can fight it.

I'm saying he's entitled to his free speech in a general term as a citizen, and that he's entitled to the free speech rights he has within his contact. They're two different things.

[PejaNowitzki]

That's what I'm saying. He is allowed to say what he wants, and as long as it doesn't directly violate his contact then he can fight it.

I'm saying he's entitled to his free speech in a general term as a citizen, and that he's entitled to the free speech rights he has within his contact. They're two different things.


There are no "free speech rights" within a contract. If you say or do stuff that pisses off your bosses or customers, you're not going to last very long generally. The NBA owes Sterling nothing and took the right actions because his comments and general presence was killing their business.


He'll fight it because he's a stubborn guy with a big ego so unless the NBA works out a settlement that lets him have a "win", this is going to court.

[TaLvsCuaL]

http://i.imgur.com/pOEtVbx.gif

[JohnFreeman]

NBA just made it a whole lot worse, guy will keep it out of spite

[Clyde]

Possession is 9/10th of the law lol. There's no way in hell he's going to sell.

It's more complicated than this.

educate yourself

[qrich]

Woj said the potential purchase price would likely be over $1 billion. That's crazy.

David Geffen previously had offered that amount and, if I'm not mistaken, his networth is around $7,000,000,000.

Would definitely be the best choice to take over. Or the group that Mike Dun Sr. was a part of that attempted to purchase the Hornets when the league owned them would also be a better choice than, we all know who.

[Clyde]

Regardless, it's an arbitrary ruling about what he said. There's freedom of speech issues here. They're claiming he said something so horrid that it ruins the credibility of the league. Where's the line?

Who's to say Sterling won't try to veto a guy out for saying 'apple' next week?

well......thats a stupid scenario.

[JohnFreeman]

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

[FLDFSU]

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


:roll: :roll:

[RoseCity07]

When Chris Paul, Blake Griffin, and Doc Rivers leave. The fans give up and the franchise goes bankrupt...then he'll sell. Pretty sure that crazy Clipper fan will attempt to kill him if that happens.

[COnDEMnED]

When Chris Paul, Blake Griffin, and Doc Rivers leave. The fans give up and the franchise goes bankrupt...then he'll sell. Pretty sure that crazy Clipper fan will attempt to kill him if that happens.
Which one?

[Clyde]

I think he will sell as soon as the board of governors rule that he is violation of the bylaws put in place if something like this where to happen.

You get voted in to be an owner, and you can be voted out.

The fight is coming, but it will be over the fact he can't sell his team at it's "value" due to the fact the "NBA" is making him sell it. .....buy low kind of deal.

forbes has the franchise listed at a worth of 575 million dollars....BUT as an example, the Bucks, who's value was estimated at 400+ million sold for well over 500+.

I believe at market value the clippers would be worth over a billion dollars, but he won't be offered that.....and thats what he will sue over.

[Clyde]

someone can post a Doctor Evil meme anytime now.

[PejaNowitzki]

I think he will sell as soon as the board of governors rule that he is violation of the bylaws put in place if something like this where to happen.

You get voted in to be an owner, and you can be voted out.

The fight is coming, but it will be over the fact he can't sell his team at it's "value" due to the fact the "NBA" is making him sell it. .....buy low kind of deal.

forbes has the franchise listed at a worth of 575 million dollars....BUT as an example, the Bucks, who's value was estimated at 400+ million sold for well over 500+.

I believe at market value the clippers would be worth over a billion dollars, but he won't be offered that.....and thats what he will sue over.




This guy knows.

[ZenMaster]

Anybody know if he has kids?
It might make a difference in how he deals with this.

[Smoke117]

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

[COnDEMnED]

Anybody know if he has kids?
It might make a difference in how he deals with this.
He had a son who recently passed over a drug overdose. I'm unaware if he has any others.

[PejaNowitzki]

Anybody know if he has kids?
It might make a difference in how he deals with this.



His son-in-law essentially runs the team and went out and tore him a new one in a public interview, saying he didn't get care if he got fired. His daughter condemned his comments as well.

[qrich]

His son-in-law essentially runs the team and went out and tore him a new one in a public interview, saying he didn't get care if he got fired. His daughter condemned his comments as well.

Link?

[ZenMaster]

His son-in-law essentially runs the team and went out and tore him a new one in a public interview, saying he didn't get care if he got fired. His daughter condemned his comments as well.

If there are no he really wants to leave his fortune with he might not care about cashing in (another) billion before he dies.

Btw you never responded in the thread about hompohobes.

[Straight_Ballin]

Is rather have an honest Sterling as commish of the NBA than a closet racist like Silver. At least Sterling spoke his mind and is a generous donator to the minority.

Silver is just a power hungry closet racist that I don't trust.

Sterling for commish to bring back high viewer ratings!

[Clyde]

Link?

http://www.nydailynews.com/sports/basketball/sterling-son-in-law-rips-owner-racist-remarks-report-article-1.1772382

[Clyde]

Is rather have an honest Sterling as commish of the NBA than a closet racist like Silver. At least Sterling spoke his mind and is a generous donator to the minority.

Silver is just a power hungry closet racist that I don't trust.

Sterling for commish to bring back high viewer ratings!

whats wrong with you?

trolling? or being honest

[davehos]

[QUOTE=COnDEMnED]"Unhappily for the NBA, this means that Donald won

[qrich]

http://www.nydailynews.com/sports/basketball/sterling-son-in-law-rips-owner-racist-remarks-report-article-1.1772382

:cheers:

Would rep but max'd out.

[Clyde]

Disclaimer: I'm about to pretend to know what I'm talking about but I'm typing this with a very confident and serious look so you have to believe it's true.

You can't just force someone to sell property they don't want to sell and I don't think it really matters what the NBA by laws say ....

This will be a drawn out legal battle and it may even go all the way to the Supreme court given the (monopoly) protection afforded to the NBA by Congress.

:banghead:

trust me. The bylaws matter....a lot.

I basically an agreement of employment or ownership.

That why they have them.

[Clyde]

:cheers:

Would rep but max'd out.

thanks anyways.

:applause:

[COnDEMnED]

I guess the next question would be, since this thing looks like it could go on for years, do the Clipper players and Doc Rivers stick around until the court settles this dispute, or does everyone bolt?

[stalkerforlife]

Sterling is being railroaded by a hyper-sensitive society and his transgressions weren't even that bad. Paula Dean 2.0. Don Imus. It keeps happening and the scared white people follow along with it. The conversation was private and you should be allowed to say what you want privately.

The gold digging whore should be in jail.

[Straight_Ballin]

http://www.nydailynews.com/sports/basketball/sterling-son-in-law-rips-owner-racist-remarks-report-article-1.1772382

Family trying to save face now after never speaking out before?!?
Closet racists!

[Clyde]

I guess the next question would be, since this thing looks like it could go on for years, do the Clipper players and Doc Rivers stick around until the court settles this dispute, or does everyone bolt?

Your assuming.....nothing has started yet.

The sale of a billion dollar franchise doesn't happen in hours.

Also form what Im hearing and have read(and it's a lot of reading) the players won't just be let out of their contracts.

They could start a process of claiming something to the effect of a hostile or abusive work environment to void their contract, but the logistics of that are mind boggling.