Thats Racist ! (Rich old man in LA buys and sells black folks)

Royal

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I'd need to see the contracts with the NBA and what clauses allow them to force him to sell the team, and what sort of discretion they have or if there are certain triggers. No way to know if he'd win without seeing the contracts.
In addition to this, I have seen it proffered that the NBA constitution confers the status of arbitration to decisions rendered by the commissioner and that the courts are typically very quick to throw out cases challenging the results of arbitration.
 

LachiusTZ

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Adam Silver is an amazing lawyer and incredibly smart. I think he knows what he's doing.

But hey, I'm sure you guys with your 0 knowledge on NBA owner bylaws and what their contracts contained probably know a lot more.
If you think this series of events will have more to do with Silvers intelligence than the huge overreaction to racism, you are in denial.

I work with 90% + black females, and one of the earlier posts was spot on, EVERYTHING is about race with black people. And yes, it is beyond tiresome.

I hope he sues and wins, just for the Lulz and because I don't think saying fucked up shit is a big deal
 

Royal

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I'd prefer they just enforce the ban fully and let him fade away. This guy loves attention and legal fights, so it would play right into his hand. If they ban him, people will forget about him. If they fight him, he stays in the spotlight and they risk losing.
The problem is this whole thing has, to a certain point, gone beyond the control of the NBA really. They can't make sponsors stay. They can't proclaim an end to any fan driven boycotts of ticket sales. They have a players union, more unified and motivated by this event than it ever has been, that they have to contend with. In order for Sterling to remain as owner, they actually need to loose the battle in the courts to give them the cover of saying they tried as hard as they could to remove him.
 

Ambiturner

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If you think this series of events will have more to do with Silvers intelligence than the huge overreaction to racism, you are in denial.

I work with 90% + black females, and one of the earlier posts was spot on, EVERYTHING is about race with black people. And yes, it is beyond tiresome.

I hope he sues and wins, just for the Lulz and because I don't think saying fucked up shit is a big deal
I get that you working with black women makes you an expert in legal matters, but Sterling will lose. The only thing he's doing now is dragging this out as long as he can to be as much of a pain in the ass as possible. Adam Silver wouldn't do this if he thought he might lose
 

Xequecal

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I also don't get why this is so shocking. Pretty much every rich white guy over 70 is going to be horribly racist. Their entire upbringing occurred before the civil rights movement even happened, when pretty much everyone was racist. On top of that, the fact that they became rich simply reinforces to them that they way they were raised was correct. Very few are going to have ditched their racist attitudes.
 

Cad

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I get that you working with black women makes you an expert in legal matters, but Sterling will lose. The only thing he's doing now is dragging this out as long as he can to be as much of a pain in the ass as possible. Adam Silver wouldn't do this if he thought he might lose
Dragging it out long enough to make the public forget about it is winning enough. Plus, Sterling might just not care because what a few million here or there to him, so fuck that, fight. Might be dead next year.
 

khalid

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Adam Silver wouldn't do this if he thought he might lose
I don't disagree with you that the NBA will win. However, even if Adam Silver thought the NBA would lose, would his actions really change? He didn't have a choice really, with all the outrage, in trying to get rid of Sterling. Even if they lose, he can at least say he did all he could and boycotting the NBA would be pointless.
 

Royal

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The Big C might end up making all of this moot:Disgraced Clippers Owner Donald Sterling Is Battling Cancer

Not that it means he's more deserving of his current predicament, but just to get a glimpse of how much of a shitheel the man is ...

Another source said Sterling, 80, was specifically suffering from prostate cancer.

In an ironic twist, Sterling refused to pay for prostate-cancer surgery a decade ago for then-Clippers assistant coach Kim Hughes.?I contacted the Clippers about medical coverage and they said the surgery wouldn?t be covered,? Hughes told The Journal Times of Racine, Wis., in 2011.?They said if they did it for one person, they?d have to do it for everybody else. Four Clippers players chipped in to cover the $70,000 cost."
 

Ambiturner

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He would have still been banned for life and the 2.5 mil fine, but he wouldn't have been as emphatic about forcing him to sell and saying it absolutely will happen. He'll come out of this looking weak if it doesn't happen now and I don't see why he would put himself in that situation
 

iannis

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Some sports lawyer on NPR (hehe -- sports lawyer) said it starts to get wrapped up in anti-trust issues. Which I hadn't considered, but makes a lot of sense.

So basically the answer to "can they legally force him to sell?" hinges entirely on one judge. And then the judge that reviews the appeal. And then the judge that reviews that appeal.

It seems like they might be wise to just START at the California supreme court. But I guess they have to go to federal court with it since the NBA is a national organization.

And it's still basically up to a judge ruling on if the NBA constitution is legal to begin with.
 

Cad

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The NBA and NFL do have to be careful about anti trust claims, thats how Al Davis beat the NFL. They are very clearly monopolies, and if they use that market power in a concerted way, they can get their shit pushed in.

I don't know if this is one of those cases since I'm not familiar with the facts of Al Davis's case nor anti trust law in general, but its a consideration.
 

Ambiturner

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Al Davis filed several suits against the NFL. The only one he won had to do with allowing him to move his team to a certain market and that's how he was able to win the antitrust angle. You have to be able to show that the bylaw gives an unfair competitive advantage.

His lawyers will have to show some genius creativity to get that from a personal conduct policy. There's a 99% chance this goes to arbitration and he loses easily, followed by a judge refusing to hear the case and letting the arbitration resolution stand
 

Falstaff

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The thing I heard some "Sports lawyer" say on CNBC earlier this week was the way around the anti-trust thing was somehow due to the fact that he'll get fair market value for the team when he sells it. Didn't make much sense but that's one opinion I heard about it.

and yeah, lots of stuff about the NBA constitution and arbitration rules, etc. that basically make the courts throw most every suit out.
 

Dalien

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Another thing that some lawyer on the radio brought up today is that Donald Sterling might file for divorce to mess up the NBAs case. Apparently the team is not owned by just him, it is owned by a family trust which includes his wife. So, if he files for divorce that case takes precedence (while they figure out what % of the team he gets in the divorce settlement) before the NBA can act. Which could be years and years away while his divorce proceedings (and the inevitable appeals) work their way through the system.
 

Haast

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Another thing that some lawyer on the radio brought up today is that Donald Sterling might file for divorce to mess up the NBAs case. Apparently the team is not owned by just him, it is owned by a family trust which includes his wife. So, if he files for divorce that case takes precedence (while they figure out what % of the team he gets in the divorce settlement) before the NBA can act. Which could be years and years away while his divorce proceedings (and the inevitable appeals) work their way through the system.
He may be a semi-senile old-school racist, but the dude is apparently a sharp lawyer. I doubt he can beat the NBA, but he probably can drag things out forever and make them wish they had just dropped the banhammer and left well enough alone. Worse, he has a nearly infinite war-chest of funds and nothing better to spend it on.

Silver shouldn't have laid down the "sell the team" gauntlet. He should have said the NBA's legal team is intensely studying the bylaws to see if forced sale is possible. Then that leaves the door open for, "As much as I would like to be rid of Sterling, our bylaws don't have a mechanism to remove him but we will aggressively enforce the lifetime ban". Then within a month he fades out of the news cycle and no one cares.

I just get the feeling that removing an owner hostile to sale will drag on forever (e.g. Frank fucking McCourt) and give Sterling the spotlight he so enjoys while the NBA twists in the wind.
 

Royal

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I just get the feeling that removing an owner hostile to sale will drag on forever (e.g. Frank fucking McCourt) and give Sterling the spotlight he so enjoys while the NBA twists in the wind.
McCourt had bankruptcy added to the mix to complicate things with the Dodgers.
 

Big Phoenix

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I love it. Two horrible people having to take a bite outof a shit sandwich either way you look at it.
 

Chukzombi

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the nba is weak on this. sterling has been a known racist/bigot for decades. he has had court decisions against him on grounds of racism. the nba didnt do a goddamned thing. either they have rules in place or they dont. you cant pull something out of your ass at the last minute when it suits you. sterling has a case.