Donald Sterling to sue the NBA for 1.7 billion

[Tr1boy]

http://probasketballtalk.nbcsports.com/2014/05/02/report-clippers-donald-sterling-to-sue-nba-to-block-forced-sale-of-team/

I knew this was going to happen. Sterling the racist son of a gun and his lawyers do have a legit defense that he can't be banned/force to sell the clippers for crappy things he said in private.

Even if Sterling wins, gets to keep the team, come to the games does he realize that nobody will want to play for him? 

[LarBrd33]

Wouldn't be surprised if he tried to sue, but this article doesn't have a legitimate source.

[Clench123]

Not really a strong defense in my opinion.  Silver is not stupid.  I'm sure him and his NBA lawyers and everyone else involved considered a potential lawsuit before making a final decision and I'm sure they excercised the rights within the constitution of the NBA.  They're not "taking" the team from him  but I believe they do have the right to force him to sell the team under the right circumstances.  And if they can't get him to sell the team, he's going end up losing money in a predictable fashion anyways which will ultimately end up forcing him to sell the team perhaps for lesser amount or value.  NBA ultimately owns their business.  It'll be very difficult for Sterlin to win this. 

But then again George Zimmerman walked alway clean from murdering a teenager.  So anything can happen I guess.

Some people keep saying that it's a private conversation but it's still violates the company's policy.  It's like taking a picture of yourself smoking pot in your house and post online for your employer to see.

[Sixth Man]

http://probasketballtalk.nbcsports.com/2014/05/02/report-clippers-donald-sterling-to-sue-nba-to-block-forced-sale-of-team/

I knew this was going to happen. Sterling the racist son of a gun and his lawyers do have a legit defense that he can't be banned/force to sell the clippers for crappy things he said in private.

Even if Sterling wins, gets to keep the team, come to the games does he realize that nobody will want to play for him?

If the provision in the NBA by-laws which stipulate that a 3/4 vote of his fellow owners is sufficient, without providing a defined cause of action, then exactly how does he have a 'legit defense' here???  You're welcome to cite legal authorities, if you wish...

[hwangjini_1]

http://probasketballtalk.nbcsports.com/2014/05/02/report-clippers-donald-sterling-to-sue-nba-to-block-forced-sale-of-team/

I knew this was going to happen. Sterling the racist son of a gun and his lawyers do have a legit defense that he can't be banned/force to sell the clippers for crappy things he said in private.

Even if Sterling wins, gets to keep the team, come to the games does he realize that nobody will want to play for him?

If the provision in the NBA by-laws which stipulate that a 3/4 vote of his fellow owners is sufficient, without providing a defined cause of action, then exactly how does he have a 'legit defense' here???  You're welcome to cite legal authorities, if you wish...

I believe from looking over the nba document in question, that 3/4 vote by the owners can eliminate or dissolve a franchise. No where did I see that 3/4 vote to force a sale. If the nba could sell the clippers without consent of sterling it would be doing so already.

That sterling the bigot would sue was always obvious given his history in this area. I don't think he plans to keep the clippers, but wants the nba to provide him with as large a chunk of cash as possible.

In a way I can see his point. Why take what the nba is establishing as terms when your lawyers can potentially get you more?

[jambr380]

Not really a strong defense in my opinion.  Silver is not stupid.  I'm sure him and his NBA lawyers and everyone else involved considered a potential lawsuit before making a final decision and I'm sure they excercised the rights within the constitution of the NBA.  They're not "taking" the team from him  but I believe they do have the right to force him to sell the team under the right circumstances.  And if they can't get him to sell the team, he's going end up losing money in a predictable fashion anyways which will ultimately end up forcing him to sell the team perhaps for lesser amount or value.  NBA ultimately owns their business.  It'll be very difficult for Sterlin to win this. 

But then again George Zimmerman walked alway clean from murdering a teenager.  So anything can happen I guess.

Some people keep saying that it's a private conversation but it's still violates the company's policy.  It's like taking a picture of yourself smoking pot in your house and post online for your employer to see.

Not that I disagree with you, but smoking pot is illegal (in most places) and what Sterling did/said isn't. I guess it would be more like posting hammered pictures of yourself, but then again, most employers probably have those, too.

[Clench123]

Well you get my point.

[fandrew]

I think that the NBA owners should force the Clippers to dissolve, then give Seattle a new franchise with all the players from the "old" Clippers franchise. I wonder if Doc would be cool with the 10 months of rain that Seattle gets?

That would be a fun way to give a franchise back to a city that essentially had one stolen from them, while getting rid of a perennially poorly managed one (historically speaking.)

[Celtics4ever]

Will he be able to use "freedom of speech" to get out of it, Roy?

[azzenfrost]

I don't see any court agreeing with him especially after the withdrawal of NBA's brand partners and advertisers from any association with the Clippers.

[nickagneta]

I think the New York Daily News' sources are off a bit. I think he stands a great chance at getting more help in stopping the team sale via an anti-trust suit than he does fighting the language in the constitution that many feel is ambiguous enough to force the vote to terminate the franchise.

We shall see. One thing they do have right, which is unusual for the NYDN, is that the day of the legal action of Donald Sterling is definitely coming.

[mgent]

http://probasketballtalk.nbcsports.com/2014/05/02/report-clippers-donald-sterling-to-sue-nba-to-block-forced-sale-of-team/

I knew this was going to happen. Sterling the racist son of a gun and his lawyers do have a legit defense that he can't be banned/force to sell the clippers for crappy things he said in private.

Even if Sterling wins, gets to keep the team, come to the games does he realize that nobody will want to play for him?

Um, you never considered the possibility that Sterling could sue the NBA for 1.7 billion and then still sell his franchise for a billion?

[footey]

I think that the NBA owners should force the Clippers to dissolve, then give Seattle a new franchise with all the players from the "old" Clippers franchise. I wonder if Doc would be cool with the 10 months of rain that Seattle gets?

That would be a fun way to give a franchise back to a city that essentially had one stolen from them, while getting rid of a perennially poorly managed one (historically speaking.)

That would also build the strongest case for an anti-trust suit. The NBA would never do that.

[Ogaju]

the issues are being confused when it comes to the forced sale issue.

Donald Sterling must sue if the NBA decides to proceed as follows. Here is why he must and why he will.

First of all, he must sue to have a say in the sale. The manner the sale was announced diminished the value of the team.

The decision to force a sale was done under duress and pressure from the players union and some outside forces like Magic Johnson and some sponsors.

The manner of sale where DTS has no say in the value or buyer is insult upon injury. The man should at the very least have a say in the disposition of his property (if it was ever his property)

If I was representing Sterling I would not initiate the court action. I would rather defend a suit brought by the NBA to force a sale than take the NBA to court preemptively.

If the NBA brought suit to sell the team they will have the burden of proof that they were acting within the scope of their constitution and by-laws. Would love to defend that action because such a action will be subject to all legal and equitable defenses. The most relevant equitable defense here is the doctrine of 'unclean hands'. Basically, can the NBA sit in judgment over DTS, the same organization has but one black owner very few black presidents, tell black players what to wear on the sideline, etc. Was DTS given due process before the commissioner hastily quelled the mob by announcing that DTS was out and out? The court will be interested in these facts.

Next, assuming the league wins this issue -- why should they get to say who he can sell the team to? Why can he not sell the team to his children. If nothing the lawsuit will allow DTS to have a say in who gets his team. It is his team for the time being.

Like most lawsuits this one will end up in a negotiated settlement --- DTS gives up team and has a say in who gets the team.

[fairweatherfan]

Will he be able to use "freedom of speech" to get out of it, Roy?

Not Roy, but almost certainly not.  There's a handful of categories of speech that your employer/business/franchiser can't legally punish you for, but racial remarks definitely aren't one of them.

Sterling's angle will be to question the legitimacy of forcing the sale based on the language in the NBA Constitution.  He's obligated as a franchisee to follow the league Constitution, but the section allowing dissolving/forcing the sale of a franchise doesn't seem to fit these circumstances well at all. 

On the other hand, I think the league knew it'd be difficult to force the sale if Sterling fought it, but are semi-ok with it since, if it fails A. It allows them to show they did all they did to get rid of him (important in stopping the looming boycott), and B. Sterling won't be alive too long anyway.