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  1. #166
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    Re: Would the NFL Ban an Owner for Life?



    Quote Originally Posted by Old Dog View Post
    That wouldn't say much for leadership then, if the Commish let's the players dictate to him what they want him to do....
    Here is my prediction in the matter, the league will realize that this will not only cost a fortune to fight in court but create a stigma on itself also with all the dirt being slung around for the next few years in court....Then they will sit down with Sterling's attorneys and try to come to a compromise that will satisfy both sides partially.....Sterling will apologize publicly, and admit that he was in a jealous rage over his girlfriend and the AA players she'd been hanging out with, pay the fine and do some therapy.....All will be forgiven," if he chooses to keep the team," and the NBA will accept...
    I'll take that bet.

    $20 to the winners charity of choice.

    I say he's no longer owner come the start of next season.
    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.




  2. #167
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by Dade View Post
    Bomani Jones basically said how fundamentally silly this whole Donald Sterling affair sounds when you really listen to what's being said, about how exasperating it is for those of us who see the everyday effects of race to have to deal with the performative sanctimony of those who deny race's continuing impact in all but the most obvious, largely inconsequential situations, or about the collective failure of the NBA, the media, the players, the coaches, and just about everyone else to comprehend, condemn, and take action against the actually harmful things Sterling has done over the years.

    I largely agree with Bomani. Sterling has been a piece of shit the entire time he has own the Clippers. He should have been removed long before this. People across the country only know of this one incident from Sterling, that while shows his racism, didn't hurt anyone. But the years of racist policies in his housing developments and ownership of his team actually hurt people.

    Bomani wrote an article about about Sterling in 2006. Basically saying we (sports world) has failed because they allowed Sterling to be an owner for so long. Good read.

    http://sports.espn.go.com/espn/page2...e=jones/060810
    Bomani is spot on.

    Bit of a side note, im not sure forcing him to sell the team is punishment as he'll likely walk away 500 mill +
    We are all born ignorant, but one must work hard to remain stupid. - Benjamin Franklin




  3. #168
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by NCRAVEN View Post
    Bomani is spot on.

    Bit of a side note, im not sure forcing him to sell the team is punishment as he'll likely walk away 500 mill +
    He'll pay upwards of $160 mil in capital gains tax at that $500 mil sale price, which why this whole thing is not going to end with just a vote. I think AirFlacco mentioned it earlier, there will be challenges to the league bylaws. The courts will end up settling this whole thing in the end.
    "Screw it, let's ride"!




  4. #169
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    Re: Would the NFL Ban an Owner for Life?

    He's honna walk away with at least that after capital gains. Some have projected the team could go for close to a billion.
    We are all born ignorant, but one must work hard to remain stupid. - Benjamin Franklin




  5. #170
    Quote Originally Posted by Random Thoughts View Post
    An owner sue a professional association in this manner? If you do know of one, let me know which case law. I am curious to read about that. To my knowledge, I do not know of one. I am not sure if the Arod example fits here.....? Maryland... the issue with Maryland, from my understanding, has something to do with an exit fee...
    They all have to do with contracts. And if both parties are fulfilling them. Doesn't matter that it is a team owner or a player or a member of a country club. It comes down to abiding by contracts. The key issue here would be if the nba has the grounds to vote him out based upon his contract. If they do, he has no recourse. If they don't, their own agreement keeps him from being forced to sell. Forget the amount of money involved or the sport. It is all about the contract between Sterling and the NBA. I'm not sure why you are making more of this. That's all it is.

    Edit to add. I'm sure that cooperative buildings (where you won your unit but also own a share of the building), which are exactly like a sports league in terms of individual and shared ownership have rules to kick a unit owner out and they have stood up in court.




  6. #171

    Re: Would the NFL Ban an Owner for Life?

    I took the liberty to read the NBA Constitution http://mediacentral.nba.com/media/me...nd-By-Laws.pdf.

    Let me preface this by saying that the Constitution is full of ambiguities. Because of the ambiguities, it is left to a reader to interpret the intent of the Constitution. I wasn't there when the Constitution was drafted, so I cannot accurately decipher the intent.

    Anyway, reading Article 14.... In order for a termination of ownership to proceed, an owner has to be found in violation of any of the provisions in Article 13. That seems simple enough until you read Article 13.

    Only paragraphs (a) and (d) seem to be applicable IMO (you can read these paragraphs on pp.26). Paragraph (a) says that an owner's action has to be willful. The question becomes whether a private conversation that is made public constitute a "willful act"? This is especially challenging if it has been proven that the taped recording was illegally recorded without Sterling's consent. As for paragraph (d), it will be especially difficult to stand on its own because there isn't a morals clause... When it comes to an owner "impeachment", the Constitution apparently suggests that it has to be on a financial ground rather than a moral one.

    Then on the topic of arbitration... that is an entire different manner.

    I think the NBA should vote to disassociate the organization rather than vote to boot him from his ownership...




  7. #172

    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by TonyD79 View Post
    They all have to do with contracts. And if both parties are fulfilling them. Doesn't matter that it is a team owner or a player or a member of a country club. It comes down to abiding by contracts. The key issue here would be if the nba has the grounds to vote him out based upon his contract. If they do, he has no recourse. If they don't, their own agreement keeps him from being forced to sell. Forget the amount of money involved or the sport. It is all about the contract between Sterling and the NBA. I'm not sure why you are making more of this. That's all it is.

    Edit to add. I'm sure that cooperative buildings (where you won your unit but also own a share of the building), which are exactly like a sports league in terms of individual and shared ownership have rules to kick a unit owner out and they have stood up in court.
    Unlike Louisiana legal system, our federal legal system (assuming it will go to a federal court) is based on a common law system, which stare decisis plays a tremendous role. In absence of a precedent, our courts rely on similar situated cases to make their decisions. So, a federal court isn't going to make a decision base, which is why I asked.

    Furthermore, it isn't simply an issue of contract law, but that of potentially tort law. Now, if Sterling were forced to sell his team, he wouldn't be able to command a fair market value of the team because his ability to command such would have been harmed by NBA's decision to ouster him.




  8. #173
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by Random Thoughts View Post
    Unlike Louisiana legal system, our federal legal system (assuming it will go to a federal court) is based on a common law system, which stare decisis plays a tremendous role. In absence of a precedent, our courts rely on similar situated cases to make their decisions. So, a federal court isn't going to make a decision base, which is why I asked.

    Furthermore, it isn't simply an issue of contract law, but that of potentially tort law. Now, if Sterling were forced to sell his team, he wouldn't be able to command a fair market value of the team because his ability to command such would have been harmed by NBA's decision to ouster him.
    The level of incorrect legal interpretations here is staggering.

    Tort law? Really?

    The only tort he can claim is defamation. Problem there is (1) he's a public figure and (2) he's already admitted that he's the one on the recording.
    Last edited by HoustonRaven; 05-01-2014 at 09:27 AM.
    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.




  9. #174
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by TonyD79 View Post
    They all have to do with contracts. And if both parties are fulfilling them. Doesn't matter that it is a team owner or a player or a member of a country club. It comes down to abiding by contracts. The key issue here would be if the nba has the grounds to vote him out based upon his contract. If they do, he has no recourse. If they don't, their own agreement keeps him from being forced to sell. Forget the amount of money involved or the sport. It is all about the contract between Sterling and the NBA. I'm not sure why you are making more of this. That's all it is.

    Edit to add. I'm sure that cooperative buildings (where you won your unit but also own a share of the building), which are exactly like a sports league in terms of individual and shared ownership have rules to kick a unit owner out and they have stood up in court.
    Exactly.
    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.




  10. #175
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by Random Thoughts View Post
    I took the liberty to read the NBA Constitution http://mediacentral.nba.com/media/me...nd-By-Laws.pdf.

    Let me preface this by saying that the Constitution is full of ambiguities. Because of the ambiguities, it is left to a reader to interpret the intent of the Constitution. I wasn't there when the Constitution was drafted, so I cannot accurately decipher the intent.

    Anyway, reading Article 14.... In order for a termination of ownership to proceed, an owner has to be found in violation of any of the provisions in Article 13. That seems simple enough until you read Article 13.

    Only paragraphs (a) and (d) seem to be applicable IMO (you can read these paragraphs on pp.26). Paragraph (a) says that an owner's action has to be willful. The question becomes whether a private conversation that is made public constitute a "willful act"? This is especially challenging if it has been proven that the taped recording was illegally recorded without Sterling's consent. As for paragraph (d), it will be especially difficult to stand on its own because there isn't a morals clause... When it comes to an owner "impeachment", the Constitution apparently suggests that it has to be on a financial ground rather than a moral one.

    Then on the topic of arbitration... that is an entire different manner.

    I think the NBA should vote to disassociate the organization rather than vote to boot him from his ownership...
    Good info, thanks for the breakdown. Seems like it's not going to be easy to force him to sell.
    We are all born ignorant, but one must work hard to remain stupid. - Benjamin Franklin




  11. #176
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    Re: Would the NFL Ban an Owner for Life?

    Here is a good breakdown on all the hurdles with forcing him to sel lthe team.

    http://sportsillustrated.cnn.com/nba...-lifetime-ban/
    We are all born ignorant, but one must work hard to remain stupid. - Benjamin Franklin




  12. #177

    Re: Would the NFL Ban an Owner for Life?

    I think to "make this go away" and stay out of court, that the team will be sold for a value above expected. I can even see the league theoretically helping the new owner out in some way to accomplish this, be it a contribution from each team towards the purchase price or something of that manner.

    Because I think HR is right, that Sterling will NOT be the owner by the start of next year, but IMO, they will have to make it worth it for him to give up so quickly.




  13. #178
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by NCRAVEN View Post
    Here is a good breakdown on all the hurdles with forcing him to sel lthe team.

    http://sportsillustrated.cnn.com/nba...-lifetime-ban/
    Already posted earlier and I disagree with much of this article from a legal standpoint.
    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.




  14. #179
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by HoustonRaven View Post
    Already posted earlier and I disagree with much of this article from a legal standpoint.
    Didn't see it, my bad. While I respect a lot of your opinions on legal matter on here. I 'm gonna lean this guys way on this one.

    Michael McCann is a Massachusetts attorney and the founding director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law. He is also the distinguished visiting Hall of Fame Professor of Law at Mississippi College School of Law.
    We are all born ignorant, but one must work hard to remain stupid. - Benjamin Franklin




  15. #180
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    Re: Would the NFL Ban an Owner for Life?

    Quote Originally Posted by NCRAVEN View Post
    Didn't see it, my bad. While I respect a lot of your opinions on legal matter on here. I 'm gonna lean this guys way on this one.
    I don't doubt his credentials. It's the dated nature of that article, since we now know the wording in the by laws allow for removal of an owner based on things that are detrimental to the league.

    To wit, I respond ...

    http://blogs.wsj.com/law/2014/04/29/...r-is-it-legal/

    The constitution specifically allows for fines and indefinite suspensions. “It’s a broad power that Adam Silver has, and it’s given to him explicitly by Sterling and the other 29 owners,” said Mr. Feldman.

    Under the terms of the NBA’s constitution, Mr. Silver’s decision has the effect of a binding arbitration decision and is enforceable in court, according to Jeffrey Kessler, a prominent sports lawyer with Winston & Strawn LLP in New York.

    Overturning it could be difficult, said Mr. Kessler, as arbitrations are often only reversed when a losing party can point to fraud or a serious conflict of interest on the part of an arbitrator.

    Challenging the lifetime ban and the fine, partly for these reasons, is going to be hard, according to Mr. Kessler. “He has a history of being very litigious so I’d expect a lawsuit,” said Mr. Kessler. “But I don’t think any lawsuit would have much merit.”
    The ban is rock solid. As for forcing him out as owner, Dade already linked to the provisions in the by laws that allow for such a move, requiring 75% of the owners to approve.

    As stated before, it's simple contract law.
    WARNING: This post may contain material offensive to those who lack wit, humor, common sense and/or supporting factual or anecdotal evidence. All statements and assertions contained herein may be subject to literary devices not limited to: irony, metaphor, allusion and dripping sarcasm.




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