Posted on 05/16/2014 7:35:47 AM PDT by SeekAndFind
SI.com has learned that Clippers owner Donald Sterling has hired prominent antitrust litigator Maxwell Blecher, who has written a letter to NBA executive vice president and general counsel Rick Buchanan threatening to sue the NBA. The letter, sources tell SI.com, claims that Sterling has done nothing wrong and that "no punishment is warranted" for Sterling. Blecher also tells Buchanan that Sterling will not pay the $2.5 million fine, which is already past due. Blecher ends the letter by saying this controversy "will be adjudicated."
Blecher's letter makes clear what many have anticipated: Donald Sterling will not go down without a fight and that he is taking active steps toward litigation. A letter of this type is considered a precursor to the filing of a lawsuit. Blecher's letter offers no ambiguity about Sterling's intentions.
"We reject your demand for payment," the letter tells Buchanan, who on May 14 informed Sterling by letter that he must pay the $2.5 million fine.
Blecher's letter goes on to identify two basic legal defenses for Sterling.
First, Blecher claims that Sterling has not violated any article of the NBA constitution. The letter curiously references Article 35, which governs players' misconduct, and several other provisions. The NBA is expected to argue that Sterling violated Article 13(d) among other provisions. Article 13 (d) bars owners from violating contractual obligations, including the obligation that owners no engage in unethical conduct or take positions adverse to the NBA. Blecher does not explain how he intends to prove Sterling's racist remarks captured on the secret recording -- followed by Sterling's incendiary remarks to Anderson Cooper about Magic Johnson -- do not give rise to unethical conduct or positions adverse to the NBA.
(Excerpt) Read more at sportsillustrated.cnn.com ...
I don’t blame him.
He said something which was stupid.
He did nothing that was criminal.
What ever happened to the concept of private property rights?
Had he not gone public with an interview he may have been able to argue the audio was illegally obtained and not his official position or public one. It was a lover’s quarrel and he may have said things that were not of his personal or public opinion.
Whatever happened to due process?
What’s the point of paying a fine when the only result is a ban.
Screw em.
This could be fun.
Sterling said some bad things. But there are big issues of what specifically is in the NBA by laws, how franchise business law is a part of this, process for forcing a sale of the team, and many other legal issues here.
I haven’t heard either the media or lawyers digging into this girl. Did she make these tapes legally? Who leaked the tapes, as she said she didn’t? What was her relationship to Magic Johnson? Who stood to benefit from leaking the tapes? How does this girl pay her bills?
There are so many unanswered questions about this entire episode. I think it would be good to air it all out.
Probably, the NBA commissioner thought Sterling would just slink away, after being given the equivalent of the death penalty.
Commish came up with this penalty after only a 3 day investigation. It’s doubtful that he really had time to have the NBA attorneys investigate all angles of this controversy. Or what the potential NBA legal liability could be.
I hope this is one of many instances of turnabout against the practitioners of PC bullying.
The concept of private property rights is thrown out, in this politically correct world we live in.
In this world, you say something which is considered objectionable by the politically correct crowd, and you are history. That’s the plan.
Good for you Mr Sterling!!! About time someone stood up for the First Amendment. Take your fight for freedom of speech all the way!!
RE: He said something which was stupid.
In the privacy of his home.
Whatever happened to due process?
I believe that only happens in a court room. He was not charged with anything. The NBA went too far and now they are going to suffer for it. First of all they fined him too much...normally the fines are 1 million dollars and then to ban him for life is way too much......and that is all besides the fact that his wife owns 50 percent. NBA is in some doo doo.
More fun than watching a stupid basketball game.
Certainly is more drama, since everyone knows the Miami Trayvons are going to win another title.
I bet Anti-white racism shown by an owner or player gets no punishment whatsoever.
FYI...I'm pinging you to another thread..a comment of mine..would like your thoughts.
This is fun to watch even though I despise b-ball (most boring game on earth).
The NBA is trying to roll him and he’s not rolling over.
See #17.
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