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 ...
The concept of private property rights is thrown out, in this politically correct world we live in.
I’d like to see him disovle the team/franchise and go out of busniess, he doenst need the nba and they dont want him . .
Couldn’t they theoretically put in a clause that specifies conditions which would force a sale?
If I was 80 and had that money I would burn them all down just out of spite. I would gut the team.
Good for him.
Constitutionally we have the right to be bigoted bores. How much did Jesse Jackson’s anti Semitic remarks cost him? Or Al Sharpton’s? Nothing of course. Not to mention the never ending daily barrage of hate whitey.
If he were a liberal, or a black, the feds would be prosecuting the recording perp for illegal wiretapping.
The slippery slope of the the Thought Police has a very ugly and dangerous bottom.
Silverman? Who’s Silverman?
CA....
“If those terms of ownership are violated, the league does have it in its power to fine an owner and force sale.”
True as long as the contract rules are enforced consistently by the organization. However, if Sterling can prove the NBA selectively enforces its contract terms, he may have a valid claim they cannot enforce the terms on him.
It may also be Sterling is simply trying to use the threat of litigation to get a higher price when he sells the team and possibly get his fine reduced or eliminated. Perhaps Silver will be back in front of the cameras in a couple of weeks announcing Sterling has agreed to sell the team for an undisclosed sum to a consortium of owners. At the same time, they quietly forgive the fine. Sterling knows the NBA wants to get this behind them. Time is on Sterling’s side, as long as he doesn’t die before the drama plays out.
I had a lib I knew at the time that came out admit she said it, but told me that it didn’t matter.
This is why I consider liberalism, and many liberals, evil. There is NOTHING that they won’t sanction if done by another liberal. Nothing.
Exactly. He did NOTHING CRIMINAL. Stupid? Yes! Criminal? No! Tell them to take their fine and shove it.
The NBA is trying to roll him and he’s not rolling over.
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They p’od him ,, he’s old , crotchety and doesn’t care ... he also happens to have the legal arguments on his side... reminds me of that saying about not fighting old men ,, they’re too old to fight so they’ll just kill you... I’m going to enjoy every minute of the inevitable 10 year legal battle to come..
In this case, it is the NBA who is escalating the remarks to a point where it arguably hurts business. Sterling's private remarks don;t have much effect at all, without amplification and reaction. Why should Sterling pay if the damage is caused by an unreasonable reaction on the part of an over-reacting (thin skinned, perpetually offended) NBA Commissioner? Player's Union? He pays his bills, the team shows up for games, etc.
I'm glad to see Sterling fighting - although he'd be crazy not to. If I was him, I'd be out to ruin Mr. Silver.
Sterling has a lot of “FU Money.”
What’s an 80 year old billionaire got to lose?
At this point, his reaction appears, to me, to be fairly restrained. I don't sense anger, revenge, etc. Appears to me he is taking his time to mount his defense, and I think "cooler heads" helps the NBA (and his share of the interest).
You’re extending much more charity toward Michael Jordan than Paula Deen or Donald Sterling have had extended toward them.
I’m not criticizing you for it—It’s certainly the Christian thing to do—But isn’t everyone entitled to forebearance until all of the facts come out?
>>How smart is it at this point for Silverman to fight it and risk diminishing the value of the team to the point that no one will play for the Clippers or buy the team because it’s value has been so diminished?<<
You can’t take it to heaven with you when you die so explain exactly what the value of money is to a man who is 83 years old. What difference do you think another $500 million will do for his ego? He’s have more fun spending it on fighting the NBA and the courts.
i actually have nothing against Donald Sterling... i just did not see the correlation between Michael Jordan and Paula Deen... i was done with Paula Deen once she let her politics be known... truth is, most of her fans are probably conservative, yet she is liberal... and it was liberals who turned against her... to that, i say, "burn!" :)
Three days were plenty of time for Silver and the NBA lawyers to determine if he was within his powers to take the actions he took. They decided he was. I don't think anyone in their right mind thought Sterling wouldn't fight it. But the NBA was faced with a player revolt, possible loss of the playoffs and all that revenue, and sponsors bailing like crazy. They may have overreacted to the racist ramblings of an idiot, but they didn't have a choice. It was drop the hammer on him or lose out financially.
Sterling will successfully play the victim, IMO. A victim of a deceitful woman and an overbearing team of lawyers.
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