Should a league be able to force an owner to sell? (MOD: NBA/Donald Sterling)

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MaskedSonja

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Because I'm not fluent in legal termnology-what exactly is Stirling suing for now if the team has been sold?

I guess I'm asking-is the team even an issue anymore? Or is it sold/done/gone? In which case...he's suing for damages?
 

gstommylee

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Because I'm not fluent in legal termnology-what exactly is Stirling suing for now if the team has been sold?

I guess I'm asking-is the team even an issue anymore? Or is it sold/done/gone? In which case...he's suing for damages?

He can try to argue that the team has been illegally sold. A judge can toss out that sales agreement if it was deemed illegal done.
 

kdb209

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http://espn.go.com/los-angeles/nba/story/_/id/11030642/donald-sterling-feels-fabulous-ready-move-on

"I feel fabulous, I feel very good," Sterling told NBC4 on Tuesday night when asked how he felt about his wife, Shelly, selling the team to former Microsoft CEO Steve Ballmer. "Everything is just the way it should be, really. It may have worked out differently, but it's good. It's all good.

"I'm OK, I'm OK. Is the NBA OK? I'm not sure about that. Is [NBA commissioner] Adam Silver OK? I'm sure he's OK."

http://espn.go.com/los-angeles/nba/...ights-los-angeles-clippers-sale-attorney-says

Banned owner Donald Sterling has approved the sale of the Los Angeles Clippers to former Microsoft CEO Steve Ballmer and won't pursue further legal action related to the transaction, his attorney said in an email to ESPN.com's Ramona Shelburne on Wednesday.

Max Blecher said Donald Sterling had settled with wife Shelly regarding the sale and that the NBA agreed to not sue him for anything a day after Sterling, in an interview to NBC4 during a charity function, said he was ready to "move on."

Sigh. It would have been so much fun to watch this play out in court.
 

MaskedSonja

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It would have.

I would very much have enjoyed seeing possible decision about how "portable" a franchise would be according to the courts, and indeed what does an owner of a pro team actually own by legal definition.

What does this also say to the other NBA owners in regards to what they could or could not have ownership sold/relinquished I wonder.
 

MaskedSonja

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And to owners of other leagues.

IMHO it's a directive to "follow the rules" and "keep your nose clean".

Definitely.

I wonder if we end up seeing owners doing some clarifications of constitutions in the other leagues to more fully clarify what could be considered grounds for this sort of thing.
 

Fugu

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Definitely.

I wonder if we end up seeing owners doing some clarifications of constitutions in the other leagues to more fully clarify what could be considered grounds for this sort of thing.


I think the leagues will review their own constitutions and plug even more loopholes, just in case, making it even more difficult to fight their grip on the franchises ultimately.
 

Brodie

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the real tragedy is that Sterling, who started this whole mess by being a reprehensible racist ass, comes out of it all having effectively doubled his net worth.
 

Fugu

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the real tragedy is that Sterling, who started this whole mess by being a reprehensible racist ass, comes out of it all having effectively doubled his net worth.


I think this is the wrong way to look at it, though you're not the first to bring this up.

He owned the team, so the value of the asset was already sky high. He probably knew what he could get for the team were he interested in selling it. He didn't care, and of course, had no intention of selling.

His net worth pre- and post- sale only seems to have changed, but it hasn't.
 

LadyStanley

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http://www.tsn.ca/nba/story/?id=454250

Shirley Sterling retains 10% (as a charity).

The individuals, who are not authorized to speak publicly, told The Associated Press that the $2 billion deal allows for up to 10 per cent of the team -- or $200 million -- to be spun off into a charitable foundation that Shelly Sterling would essentially run. The deal was negotiated by Shelly Sterling after husband Donald Sterling's racist remarks to a girlfriend were publicized and the NBA moved to oust him as team owner.

One of the individuals said Shelly Sterling and Ballmer would be co-chairs of the foundation. The individuals said the foundation would target underprivileged families, battered women, minorities and inner city youths. "To benefit those on the receiving end of Donald's rather abhorrent remarks," one individual said.


Different twist (I didn't see coming).
 

kdb209

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For completeness - the story has been posted in other threads ...


Rage, rage ...

http://www.tsn.ca/nba/story/?id=454430

LOS ANGELES -- Los Angeles Clippers owner Donald Sterling has pulled his support from a deal to sell the team to former Microsoft CEO Steve Ballmer and will pursue his $1 billion federal lawsuit against the NBA, his attorney said Monday.
...
"I have decided that I must fight to protect my rights," Donald Sterling said. "While my position may not be popular, I believe that my rights to privacy and the preservation of my rights to due process should not be trampled. I love the team and have dedicated 33 years of my life to the organization. I intend to fight to keep the team."
...
An individual familiar with the negotiations who wasn't authorized to speak publicly said Monday that there were two options for Donald Sterling -- to either sign or go to court. But even if he wins in court, he's ultimately winning a judgment against himself because his wife Shelly Sterling has agreed to indemnify the NBA against all lawsuits, including by her husband, the individual said.
 

DyerMaker66*

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Wouldn't that mean he won it against her which would give him total control over the team?
 

MaskedSonja

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Is anyone else hoping the lawsuit goes on, he loses and then the team sells for under a billion?

I'm hoping the lawsuit goes on because I really will be interested to see how the courts rule and how they could define portability of a franchise, and legally determine exactly what an owner "buys" when they buy the franchise, plus other legal details which could set some interesting precedents.
Also you make a good point about value-would this indeed cut down on his leverage and he actually loses a ton of money in a resale, it will be a fascinating journey to be sure (assuming he doesn't change his mind again and say "okay I'll sell after all) :laugh:
 

cutchemist42

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I thought he already decided to not sue, than decided to sue again, than gave up again? Is this the 2nd or 3rd reversal?
 
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Killion

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^^^ Seesawing. You really have to wonder about his state of mind and Im guessing the courts will do the same. Get him checked out yet again.
 

mouser

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I would think the legal situation would hinge on whether Shelly's removal of Donald as a trustee was lawful. That would affect both whether she has authority to unilaterally sell the team, as well as whether she can use the assets held by the trust to indemnify the NBA.
 
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