NBA/SILVER: STERLING BANNED FOR LIFE (Latest update, pg 70)
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32
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PostPosted: Tue Jul 22, 2014 6:07 pm    Post subject:

Another MICHAEL MCCANN article.

Quote:
One Sterling trial resumes, another is just beginning in Clippers fight

The Sterling family trust hearing resumed this week before Los Angeles County Superior Court Judge Michael Levanas and several key legal developments have occurred over the last 48 hours.

Since TMZ.com published his recorded comments to V. Stiviano on April 25, Donald Sterling has done nothing to undermine his reputation as the league’s most litigious owner. In May, he sued the NBA on antitrust and privacy grounds. In June, he challenged his wife, Shelly Sterling in probate court over whether he was lawfully removed as a trustee. Late this afternoon, Sterling filed a new lawsuit. This one contends that the NBA, league commissioner Adam Silver and Shelly Sterling unlawfully conspired to sell the Clippers without his consent. Sterling argues he revoked the Sterling trust on June 9, and thereby reverted ownership in the Clippers back to him and Shelly Sterling.

Expect the NBA and Shelly Sterling to argue the latest lawsuit is frivolous. First, Shelly Sterling reached an agreement with Steve Ballmer 10 days before Donald Sterling tried to revoke the trust. Second, even if Sterling’s revocation severed the contractual relationship between Shelly Sterling and Ballmer, trusts are not instantly revoked. There is a “winding down” period where assets are transferred and obligations are paid. Shelly Sterling will surely argue that she obtained control of the Clippers during this period, and thus lawfully reached an agreement with Ballmer.

Crucially, Sterling’s new lawsuit should not interfere with the probate hearing, as it seeks money damages, rather than equitable relief. It is also the type of lawsuit that, if it is not swiftly dismissed, could last years, long after Steve Ballmer or someone else becomes the new Clippers owner. Also recall that in late May, Shelly Sterling, acting on behalf of herself and the Sterling trust, indemnified the NBA from legal expenses the league incurs because of her husband. Moreover, under California’s community property law, Shelly and Donald Sterling have co-ownership over their wealth, so any payments by Shelly Sterling to her husband are akin to him paying himself.


Link to full article
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PostPosted: Wed Jul 23, 2014 3:50 pm    Post subject:

LINK

Another lawsuit: Donald Sterling sues wife, NBA and commissioner


And the beat goes on.
Quote:
Donald Sterling has said he believes the team may be worth twice the record $2 billion price his wife negotiated with Ballmer, said Maxwell Blecher, another attorney for Sterling.
That's not enough to deem him incompetent it is enough the raise eyebrows. Twice as much???
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PostPosted: Thu Jul 24, 2014 6:08 pm    Post subject:

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Testimony in the weeks-long probate trial between Donald Sterling and his estranged wife, Shelly, concluded Wednesday, with closing arguments set for Monday in a case that could help lead to resolution of Shelly's impending $2 billion sale of their Los Angeles Clippers to former Microsoft CEO Steve Ballmer.

Donald's side finished presenting its case and did not, as expected, recall Shelly to the stand.

Judge Michael Levanas advised the attorneys to focus on three issues in their arguments:

*Whether Donald was properly removed from the Sterling Family Trust.

*Whether Shelly can still execute the sale after Donald revoked the trust.

*Whether there is an urgent situation regarding imminent loss of value to the trust. If there is, Levanas can make a ruling under section 1310 (b) in the California probate code approving the sale and making his order essentially appeal-proof.

Shelly must prevail on all three issues to win the court order she needs to close the deal with Ballmer.


http://www.usatoday.com/story/sports/nba/clippers/2014/07/23/donald-sterling-dr-jeffrey-cummings-alzheimers-clippers-trial/13064677/
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PostPosted: Thu Jul 24, 2014 7:21 pm    Post subject:

Aeneas Hunter wrote:
Quote:
Testimony in the weeks-long probate trial between Donald Sterling and his estranged wife, Shelly, concluded Wednesday, with closing arguments set for Monday in a case that could help lead to resolution of Shelly's impending $2 billion sale of their Los Angeles Clippers to former Microsoft CEO Steve Ballmer.

Donald's side finished presenting its case and did not, as expected, recall Shelly to the stand.

Judge Michael Levanas advised the attorneys to focus on three issues in their arguments:

*Whether Donald was properly removed from the Sterling Family Trust.

*Whether Shelly can still execute the sale after Donald revoked the trust.

*Whether there is an urgent situation regarding imminent loss of value to the trust. If there is, Levanas can make a ruling under section 1310 (b) in the California probate code approving the sale and making his order essentially appeal-proof.

Shelly must prevail on all three issues to win the court order she needs to close the deal with Ballmer.


http://www.usatoday.com/story/sports/nba/clippers/2014/07/23/donald-sterling-dr-jeffrey-cummings-alzheimers-clippers-trial/13064677/


I feel dirty inside for rooting for Tokowitz...
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PostPosted: Mon Jul 28, 2014 1:10 pm    Post subject:

Looks like the sale is finally going through.

https://twitter.com/ESPNSteinLine/status/493875763557715968
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PostPosted: Mon Jul 28, 2014 1:15 pm    Post subject:

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Judge rules for Shelly Sterling and prevents Donald from appealing to keep team. Steve Ballmer will be next Clippers owner. Big win for NBA.

https://twitter.com/McCannSportsLaw/status/493874967982145536
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Last edited by 32 on Mon Jul 28, 2014 1:18 pm; edited 1 time in total
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PostPosted: Mon Jul 28, 2014 1:16 pm    Post subject:

I'm no fan of Sterling, but this outcome really begs the question of how you can really own anything in this country when if someone wants it bad enough, they can always find a away to take it away from you.

Reminds of what happened to Albert C. Barnes priceless collection of Impressionist art after his death.
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PostPosted: Mon Jul 28, 2014 1:21 pm    Post subject:

Well I hope Sterling spills all the dirt on the NBA you know he knows things.
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PostPosted: Mon Jul 28, 2014 1:22 pm    Post subject:

kray28_ wrote:
I'm no fan of Sterling, but this outcome really begs the question of how you can really own anything in this country when if someone wants it bad enough, they can always find a away to take it away from you.

Reminds of what happened to Albert C. Barnes priceless collection of Impressionist art after his death.


Part of this situation is that since it was owned by the Trust, which had multiple members, Donald Sterling didn't really technically own the Clippers.

The Clippers are still under the same ownership... the Trust.

I guess the challenge arises when you have people with you on the Trust that you can't.... trust.
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PostPosted: Mon Jul 28, 2014 1:52 pm    Post subject:

kray28_ wrote:
I'm no fan of Sterling, but this outcome really begs the question of how you can really own anything in this country when if someone wants it bad enough, they can always find a away to take it away from you.

Reminds of what happened to Albert C. Barnes priceless collection of Impressionist art after his death.


He was a franchisee. His behavior had a negative impact on the business as a whole. Not exactly complicated.
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activeverb
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PostPosted: Mon Jul 28, 2014 2:11 pm    Post subject:

kray28_ wrote:
I'm no fan of Sterling, but this outcome really begs the question of how you can really own anything in this country when if someone wants it bad enough, they can always find a away to take it away from you.

Reminds of what happened to Albert C. Barnes priceless collection of Impressionist art after his death.


I'm not sure where you're getting this. It's virtually impossible to take away someone's property in the United States. Both the Barnes Foundation and Sterling case show that -- these are weird, extraordinary situations based on a whole bunch of factors coming today. If there were commonplace, they wouldn't inspire movies and headlines.
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PostPosted: Mon Jul 28, 2014 2:56 pm    Post subject:

Basketball Fan wrote:
Well I hope Sterling spills all the dirt on the NBA you know he knows things.


Assuming there are things to know, I really doubt he remembers them anymore - much be able to relay them in any convincing fashion.
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PostPosted: Mon Jul 28, 2014 3:09 pm    Post subject:

Well it seemed that there wasn't any arguing about his mental disease. He was unable to figure out the hands of a clock exercise, and could not do backwards counting from 100.

My wife had an uncle who began to say very strange things at family gatherings. His wife left him in outrage, but it all made sense when he was diagnosed with dementia and within two years was unable communicate and then he passed away.

It happens.

That being said, I think Shelly Sterling has show plenty of racist, odd behavior in the past 20 years. Good riddance to both of them.
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PostPosted: Mon Jul 28, 2014 3:21 pm    Post subject:

activeverb wrote:
kray28_ wrote:
I'm no fan of Sterling, but this outcome really begs the question of how you can really own anything in this country when if someone wants it bad enough, they can always find a away to take it away from you.

Reminds of what happened to Albert C. Barnes priceless collection of Impressionist art after his death.


I'm not sure where you're getting this. It's virtually impossible to take away someone's property in the United States. Both the Barnes Foundation and Sterling case show that -- these are weird, extraordinary situations based on a whole bunch of factors coming today. If there were commonplace, they wouldn't inspire movies and headlines.


Agreed. There's been that mention of a "slippery slope" but the reality is that a case like this doesn't soap the slope because it is such a specific case determined by a very specific set of pre-determined parameters. It's not like can remotely be used as precedence for any meaningful amount of other situations. In essence the NBA owns the teams and people buy the opportunity to run them - after an approval process.
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PostPosted: Mon Jul 28, 2014 3:28 pm    Post subject:

Quote:
To be clear, Donald Sterling can appeal Levanas’ order and from that vantage point, the legal saga is not technically over. He can also continue to sue his wife, the NBA and commissioner Adam Silver in various lawsuits. Those endeavors, however, only offer him the possibility of money damages. To put it another way, Donald Sterling will soon lose ownership of the Clippers and he will not get the team back. Ever. Worse yet for Donald Sterling, his wife, on behalf of herself and the trust, has indemnified the NBA of legal expenses associated with him. The indemnification effectively means Donald Sterling would be paying himself any amount he may be awarded in money damages. Shelly Sterling, not a lawyer, has truly run legal circles around her lawyer husband.

SI
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PostPosted: Mon Jul 28, 2014 3:29 pm    Post subject:

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Donald Sterling's lawyer Bobby Samini said he talked to Donald after today's ruling. His reaction: "Keep fighting!"

https://twitter.com/ramonashelburne/status/493911473593151488
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PostPosted: Mon Jul 28, 2014 3:29 pm    Post subject:

Shelly Sterling beats Donald Sterling in court, clears sale of Clippers to Steve Ballmer

LINK

Some interesting tweets in the article by Nathan Fenno
Quote:
NBA release:

The following statement has been issued by Mike Bass, Executive Vice President, Communications, regarding today’s probate court ruling regarding the Sterling Family Trust:

“We are pleased that the court has affirmed Shelly Sterling’s right to sell the Los Angeles Clippers to Steve Ballmer. We look forward to the transaction closing as soon as possible.”

This is a huge win for Shelly, who gets a bunch of perks because she split from her racist husband just in time to get as many of their ill-gotten gains for herself

It’s also a huge win for the other NBA owners, who don’t have to deal with the nasty task of voting out one of their own and get a $2 billion sale on the record that inflates the values of everyone’s franchises. Yes, the league wanted Sterling out no matter what, but this was the most profitable – not the quickest – way to achieve that goal, and don’t forget that fact as everyone celebrates Sterling’s downfall.

One more huge winner: Steve Ballmer, who gets an NBA team. He might have overpaid, but that’s his choice, and the judge affirmed his right to make it.

The loser is Donald. This saga isn’t over, but with his ability to appeal restricted, I can’t see how he blocks the sale any longer. Soon, the team will be Ballmer’s and Donald’s legal fight seeking financial remedies will fade into the background. At that point, I don’t care much how billionaires split up their money.

Donald is out, which is good. If you want to feel icky about this whole affair, I hardly blame you. I’m not exactly looking forward to a Ballmer reign that leaves Shelly a visible part of the franchise just so other owners can inflate their own wallets, but here we are.

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PostPosted: Mon Jul 28, 2014 3:51 pm    Post subject:

@ramonashelburne
Quote:
Donald's lawyer says they are weighing an injunction in the corporate case and will file a writ in 10 days, appealing judges ruling today

Quote:
Donald's side believes he owns corporate shares of the Clips and thus, Shelly cannot sell them. Expect her side to force action to resolve

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PostPosted: Mon Jul 28, 2014 4:19 pm    Post subject:

32 wrote:
@ramonashelburne
Quote:
Donald's lawyer says they are weighing an injunction in the corporate case and will file a writ in 10 days, appealing judges ruling today

Quote:
Donald's side believes he owns corporate shares of the Clips and thus, Shelly cannot sell them. Expect her side to force action to resolve


let's go Donald, drag this on into next season to call Doc River and CP3's bluff.
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PostPosted: Mon Jul 28, 2014 4:53 pm    Post subject:

DaMuleRules wrote:
Basketball Fan wrote:
Well I hope Sterling spills all the dirt on the NBA you know he knows things.


Assuming there are things to know, I really doubt he remembers them anymore - much be able to relay them in any convincing fashion.



I can only hope he made a tape somewhere.
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PostPosted: Mon Jul 28, 2014 5:15 pm    Post subject:

32 wrote:
@ramonashelburne
Quote:
Donald's lawyer says they are weighing an injunction in the corporate case and will file a writ in 10 days, appealing judges ruling today

Quote:
Donald's side believes he owns corporate shares of the Clips and thus, Shelly cannot sell them. Expect her side to force action to resolve


AH/LM? Can one of you guys put this in English?
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PostPosted: Mon Jul 28, 2014 5:30 pm    Post subject:

Well if Sterling has dementia, isn't it possible that it was the dementia that caused him to make such outlandish statements. The league is then discriminating against a old man with a mental condition. See how this works?
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PostPosted: Mon Jul 28, 2014 5:46 pm    Post subject:

jonnybravo wrote:
32 wrote:
@ramonashelburne
Quote:
Donald's lawyer says they are weighing an injunction in the corporate case and will file a writ in 10 days, appealing judges ruling today

Quote:
Donald's side believes he owns corporate shares of the Clips and thus, Shelly cannot sell them. Expect her side to force action to resolve


AH/LM? Can one of you guys put this in English?


There is another lawsuit already filed against Shelly and the NBA. He'll file an injunction to halt the sale under the argument of irreparable harm - same tactic he took in the probate case. After the probate loss, it sounds like that tactic is unlikely to work.

The writ is just another way of saying appeal.
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PostPosted: Mon Jul 28, 2014 5:48 pm    Post subject:

jonnybravo wrote:
32 wrote:
@ramonashelburne
Quote:
Donald's lawyer says they are weighing an injunction in the corporate case and will file a writ in 10 days, appealing judges ruling today

Quote:
Donald's side believes he owns corporate shares of the Clips and thus, Shelly cannot sell them. Expect her side to force action to resolve


AH/LM? Can one of you guys put this in English?


Sterling filed a separate lawsuit against Shelly, Ballmer, and the NBA. It's a rehash of his argument that he revoked the trust, that everyone cheated him, etc. That lawsuit is not in the probate court. He apparently plans to go to the judge in the non-probate court and ask for an injunction to block the sale.

Frankly, I don't think he has a chance in hell. I will assume for sake of argument that he can validly file the second lawsuit. I don't understand the jurisdictional issues under California law. Maybe LM or one of the other California lawyers can speak to that.

However, I would think that he will have a big problem with collateral estoppel, also called issue preclusion. Basically, a fact finding from one case is binding on a party to the case, even in a different lawsuit. I would expect that the probate court's findings would be binding on Donald even in the new lawsuit. Again, LM or one of the California lawyers would have to speak to that.

Anyway, at a pragmatic level, how is he ever going to convince a judge in the second case that he has a probability of success on the merits (which is the requirement for a preliminary injunction) when he has already lost on the merits in probate court?

Barring some brilliant masterstroke that I don't see, or barring some surprising ruling by an appellate court, I think that Donald is done as owner of the Clippers.
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PostPosted: Mon Jul 28, 2014 5:48 pm    Post subject:

ExPatLkrFan wrote:
Well if Sterling has dementia, isn't it possible that it was the dementia that caused him to make such outlandish statements. The league is then discriminating against a old man with a mental condition. See how this works?


I could see your point as a valid reason to take away the fine and the lifetime ban but the sale wasn't forced so it still goes through. In my opinion it should be lifted as nothing he does can affect the NBA now and he probably won't have much fun at games anyway or in any public place really.
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