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Wednesday, April 30, 2014

Sterling forced to sell Clippers? Not a Slam-Dunk.. Not By a Long Shot

~ You can't separate a President from his beloved basketball

We are SO G-D sick of this topic..  truly we are..

More the way the media covers it and how pretty much everyone misses the bigger points like missing the forest for the trees...

So when pretty much 100% of the media presents misleading information on any topic that is in the national discussion, we for better or worse, take it upon ourselves to present the contrarian view;  the truth.

There's been a lot of talk in the media about that pencil-neck NBA Commissioner Adam Silver''s punishment (we feel excessive punishment) of LA Clippers owner Donald Sterling
`"Actually block me and my Secret Service guys will shoot you..."

He was barred from anything directly to do with the team, fined $2.5 million and a group of greedy, self-serving parasites known as the NBA owners will vote to force Sterling to sell the team.

Now the media with rare exception treats this as a slam dunk, to pardon the pun; a done deal.. And for fun and shits and giggles have started speculating which famous rich black celebrities may line up to buy the team..

And everyone is happy..

Except..  Is that accurate?   Does Silver and the NBA have the power to legally force an owner to relinquish control of his/her team via a forced sale?
~ In a real game of basketball this would be called 'travelling'

Many people think 'yes'..

They're also wrong..

The best way to explain why is to quote from a recent Sports Illustrated article that dealt with this subject and all legal questions surrounding the Commissioner's ruling.

We warn the following will be long but its very important because it will present a legally factual argument for why the NBA over-extended its authority, information devoid in other venues discussing this topic..
~ The guy just can't stop playing basketball..

From (in blue font):  

"Sterling, an attorney, is regarded as one of the most litigious owners in professional sports. If there is one owner who would sue over expulsion, it's probably him. 

Sterling could seek a court injunction preventing the NBA from expelling him. Such a move would likely happen immediately after he is voted out. He could also file a lawsuit raising breach of contract and antitrust claims.

A breach of contract claim would contend that Sterling's contract with the NBA through his franchise agreement has been unlawfully severed. The NBA, however, is poised to stress that owners agree to language limiting opportunities for owners to sue the NBA and fellow owners. 
~ 'Presidential Multi-tasking'

In their franchise agreements, NBA owners agree to "waiver of recourse" verbiage. The language has the effect of eliminating opportunities for owners to pursue legal recourse against the NBA and fellow owners.

An antitrust claim would likely center on both California and federal antitrust laws, and contend that the NBA and its teams have conspired in an anti-competitive way to oust Sterling and make him sell his team at below-market value. 

Sterling would likely cite reports the NBA may be interested in Magic Johnson buying the Clippers as evidence the league is trying to force a sale to a specific buyer, rather than permitting open bidding. 

Sterling might also highlight Silver's remarks today that he's confident owners will oust him as evidence of collusive activity between Silver and the owners. 
~ "I just love playing against white guys.. 

If Sterling were to sue under antitrust law and prevail, he would also be entitled to treble (triple) damages. Several attorneys familiar with NBA litigation tell that the possibility of an antitrust lawsuit by Sterling is high.

The prospect of Sterling suing could be a source of worry to NBA owners for at least three reasons:

1. Sterling suing over franchise ouster could undermine the lifetime ban. The ban is intended to separate Sterling from the Clippers and the NBA, and as discussed above, Sterling likely has no viable case against it. 

If, however, Sterling sues over franchise ouster, it would be a high-profile lawsuit and he would remain in the news. Whatever distancing of Sterling is achieved through a ban could be lost in a high-profile case. It is also a case that could last years, as antitrust cases often do.
~ "Watch this move kids..  Mr Cool is goin' to Skool"

2. Sterling suing may lead to pretrial discovery, which could be designed in part to embarrass other owners and NBA officials of any bigoted remarks or beliefs on their part. Keep in mind, if Sterling is ousted because of racism, he would likely demand that evidence showing that other owners and officials are also racist be shared. 

He would use such information to portray his penalty as unwarranted and contradicted by the conduct of those who ousted him. Sterling might request emails and other records from owners and officials that depict them in a negative light. 

Sterling has owned the Clippers for 33 years, which suggests that he has had many interactions -- including private conversations with league officials and owners. If there are other owners who are racist or bigoted, it stands to reason Sterling knows who they are.
~ Amazing.. You just can not separate the man from his ball!

3. If Sterling wins or extracts a settlement, not only could NBA owners be on the hook for an expensive fee, but Sterling would seem victorious. The appearance of him winning in court would greatly detract from (the NBA's) lifetime ban."

So the NBA owners vote is only a first step of what will be many years of expensive litigation that in all likelihood Sterling will win..

If Al Davis could defeat the NFL legally during the days of Commissioner Pete Roselle, Sterling will trounce this large stork-looking creature.

The Commish is a weakling and a newbie..
~ "I totally blocked that child about half my height!"

He needed to show he had balls even though in reality he doesn't..  And all this ensures is the NBA playoffs this year can be completed while minimizing the financial hemorrhaging caused by the jackals and wolves at the door that would not stop until meat was supplied.

In a few years from now, all this bluster will be looked upon as a Pyrrhic victory when the NBA has to pay out millions upon millions in damages to Sterling..

But for the moment, the propaganda machine calls it a 'win'
~ "That looks fun.. Can somebody get me a wheelchair?"