Author Topic: Pelicans vs. 76ers vs. Lakers, and the $3 million  (Read 7320 times)

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Re: Pelicans vs. 76ers vs. Lakers, and the $3 million
« Reply #30 on: July 01, 2015, 02:45:58 PM »

Offline celticsclay

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These 76er threads always turn out so nicely. It seems like a matter of when they get locked, not if.

Re: Pelicans vs. 76ers vs. Lakers, and the $3 million
« Reply #31 on: July 01, 2015, 02:48:20 PM »

Offline RAAAAAAAANDY

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Apparently this is a big deal considering the legal ramifications of that trade and the decision of the NBA as an administrative body. The Pelicans could contest the award by going to court and asking for a rescission of contract which would in effect invalidate the Jrue Holiday trade. Considering the likelihood of them winning the case based on the evidence and the NBA decision itself, Nerlens Noel and all the assets the Sixers acquired in trading Elfrid Payton to the Magic (Dario Saric, 2 future second round draft picks from the Knicks (for trading Guillermo Hernangomez to New York -- the 2015 second round pick that was from Orlando) and most likely a 2017 first round pick) shall revert and be awarded to the Pelicans. And of course, Jrue Holiday back to the Sixers...

What evidence again?

And you realize the 3 million dollars would have to be in a settlement right? Which means they couldn't go to court...

The same evidence and proof that the NBA used in determining that the Sixers violated the Collective Bargaining Agreement specifically:

"Health information for all players, including any factors that could affect a player's ability to play basketball at any point in his career. Teams must disclose any relevant health information."

The NBA wouldn't just order the Sixers to dole out $3,000,000 without cause right?

On the other hand, the decision seems more like a fine based on the league by-laws and is not therefore a settlement. Nevertheless, whether it be by commissioner levied penalty, or by  impartial or system arbitration, any decision may still be contested in the courts by way of a Certiorari or Judicial Review if the decision is tantamount to an ultra vires act by the body making such a decision...

What is the maximum fine the NBA can impose for this via the CBA?

There is a reason I'm asking you this question.

I think you are referring to the maximum fine of $2,500,000 in the CBA wherever there is a rule for which no penalty is specifically fixed for violation thereof. This was significantly lower at $1,000,000 in the last CBA but I digress. The CBA would probably apply if there was indeed no fine or penalty for the case at hand but there is precedent for awarding a higher penalty than the limit imposed by the CBA. If you remember the 90's, the Timberwolves were fined and penalized $3,500,000 for the Joe Smith debacle where David Stern's decision was upheld by an Arbitrator...

So basically, the most likely outcome is a settlement...

Do you really think a team would let the lead triple the stated fine in the CBA without appealing it?

Re: Pelicans vs. 76ers vs. Lakers, and the $3 million
« Reply #32 on: July 01, 2015, 02:51:33 PM »

Offline RAAAAAAAANDY

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Gives new meaning to the phrase "there's something Hinkie about this trade offer."

Another black mark for the Sixers FO. Good luck recouping value for Embiid (or Noel, for that matter).

Yes, I'm sure Hinkie would have a ton of trouble moving a cost controlled 21 year old rim protector who just had one of the best defensive seasons ever for a rookie.

 ::)

He's also got an injury history.

A non-recurring one he got from running into the basket two years ago, which he's fully recovered from. If he's available GM's are lining up around the block. Just browse the forums.

No GM is going to turn down a move that they think will save their job just because they don't like Sam Hinkie.

Not about liking the guy. It's about trusting the guy not to sell you damaged goods.

If Ainge can't make deals with GMs because they think he'll get the better of them, how will GMs look at Hinkie?

Ainge can't make deals because he only tries to make deals where he rips people off and will settle for nothing less. That's the reason people are skeptical.

Hinkie made a trade 5 days ago. He made a ton of trades at the deadline. He traded Thad Young last offseason.

All since this "incident" occurred. And while we're rushing to judgement, we don't even know what it actually is. It could be as malicious as flat out shredding files from his medical folder(highly doubtful) or as innocuous as Sam Hinkie hiring a new medical staff a month before this trade(he'd been GM for 6 weeks at the time of the trade) and records getting lost somewhere in the shuffle.

Presti got docked a draft pick for an unintentional mistake... Hinkie didn't get docked a pick, which sheds some light on how the league view the severity.

Incorrectly, it would seem. Sixers did not disclose that Holiday suffered injuries that had since healed during the time of the examination by NOP personnel.


You don't know this. This is entirely speculation on your part. The report didn't say that, the league didn't say that and neither team has said anything about this.

The report said they did not fully disclose.

Did not disclose =/= did not fully disclose

But I'm sure your total lack of details on this case gives you more than enough information to judge what the verdict should have been.

Wow, did I touch a nerve there, or something? Member of the Hinkie family?

Keep dancing instead of answering the questions Mr. Flatley!

https://www.youtube.com/watch?v=jjxTTjJtXDA

I'll answer a question when you ask one.

Meantime, why don't you answer one of mine?  ;)

What source are you pulling your statement that the Sixers did not disclose any of Holiday's injuries from?

Because the report doesn't say that. And it's the only sourced report other than partial denials by Sixers FO sources.

Re: Pelicans vs. 76ers vs. Lakers, and the $3 million
« Reply #33 on: July 01, 2015, 03:02:03 PM »

Offline Lucky17

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You're right, I neglected to include the word "fully" in my initial comment.

Your turn. Why so hotted up about this?
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