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The Idiocy of Donald Sterling


Josh Mann

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And the highest paid players could float the other guys no-interest loans

In all seriousness: Are you from this planet?

 

Dude....she was joking.  We all know the higher paid players have more payouts than anyone....

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@McCannSportsLaw:

BREAKING: Let the games begin. Donald Sterling hires famed antitrust lawyer and threatens to sue the NBA:

http://t.co/OqQVTDCeYs

I have no idea about the anti trust stuff, but if the NBA sells the Clippers to anyone but the highest bidder, I could see a lawsuit for THAT. . . 

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Where things could get REALLY complicated is if Shelly Sterling goes through with the divorce.  The Clippers would be community property, and it would take a couple of years to get all that straightened out.

I guess we all need to root for that scenerio I guess. . . .

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Yea the easier thing to do would be kick the Clippers out of the NBA entirely effective immediately.  Obviously that won't happen, but it sure as hell won't be done by next season this way, we all know how long lawsuits can take.  Sterling would likely lose in the end but it still is going to take some time to get it all squared away.  Since I think its an unprecedented situation they can keep it in the courts awhile saying even though he signed the contract it isn't a fair contract and isn't enforceable, etc. etc.  This won't be quick, easy, or fun. Well fun for us, but not for the NBA.

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Of course, why would anyone expect a guy who's a notorious slum lord to go away quietly.

 

They've got about 4 months to get this thing resolved.  Otherwise, the players' union gets involved, and it gets really bad. 

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I've said it but I'll say it again best option is the NBA saying you have two options. a) here's a check for the Forbes value+10%. B ) we void all player, coach and front office contracts, have fun selling your team now.

 

Obviously I don't know, but that has to be a nuclear option for Silver.  If he can't get Sterling to comply--and Sterling won't--destroy the team and make the Clippers' value plummet to pennies on the dollar.

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Unless the judge feels like seriously rewriting the NBA's rules, he's going to take one look at the contract Sterling signed, and tell him to get the fuck out of his court room.

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Unless the judge feels like seriously rewriting the NBA's rules, he's going to take one look at the contract Sterling signed, and tell him to get the fuck out of his court room.

You're from the US, you know better than that :P  Everything can be challenged.  I've seen ironclad pre-nups be challenged and take a year to settle.  If a simple two person pre-nup can take that long, how long will it take for a completely unprecedented court battle about a person being forced to sell his own business that is valued at a billion dollars?  In no way am I saying he will win, but with the discovery, first court, appeals court, delays, etc. it is just going to take time if Sterling fights it.  Everything can be challenged, that is the American way.

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It really depends how iron-clad the contractual stuff really is. It's not like the NBA doesn't have the money to fight it even more ferociously than Sterling.

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Fowler is once again right on the money. Just like A-Rod and MLB, NBA owners sign on to arbitration when they join the league, which include mandatory arbitration clause. IIRC, NBA constitution gives the commish the ability to "enforce the integrity of the league" or to similiar lanaguage, which essentially gives him carte blanche to do whatever the fuck he wants. Courts are loathe to interfere with arbitration agreements unless there's a constitutional issue at stake (which there isn't). The only thing that will hold this up is the divorce proceeds in family court, and even that will only hold it up, not alter the ultimate outcome in the slightest.

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You use A-Rod and MLB as an example, that battle went on in the courts for seven months(ish) and only ended when A-Rod realized he couldn't win and dropped it.  Otherwise it would have dragged on for probably a few more months.  Sterling doesn't seem to be the "I can't win so I will drop it" type.  No one is saying Sterling will win, just that if he wants to drag it out in the courts he will, and no new owner will want to buy the team until all the appeals/court issues are completely resolved.  Either way it definitely won't be done by October, they haven't even done the vote to kick him out yet.

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I've said it but I'll say it again best option is the NBA saying you have two options. a) here's a check for the Forbes value+10%. B ) we void all player, coach and front office contracts, have fun selling your team now.

 

Obviously I don't know, but that has to be a nuclear option for Silver.  If he can't get Sterling to comply--and Sterling won't--destroy the team and make the Clippers' value plummet to pennies on the dollar.

 

If the antitrust stuff won't stick(and I'm sure it won't), destroying the team to get him to drop the lawsuit might . . . 

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I don't ever get the antitrust thing in sports. What about the existence of the NBA precludes you owning (or if you're a player) working for a team in Europe? Same holds for any other sport. Obviously you won't make any money but if you're case is "Spanish basketball is poor", by all means, go make it richer with your presence. Or found your own World Hockey Association. No one can stop you from doing so.

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There's the famous NFL/USFL lawsuit where the jury found the NFL was an illegal monopoly, and then preceded to award, iirc, the USFL $1 in actual damages and $2 in punitive awards.

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