It has been announced that the Los Angeles Clippers have been sold to former Microsoft CEO Steve Ballmer for $2 billion. Don Sterling purchased the San Diego Clippers in 1981 for $12 million before moving them to Los Angeles in 1984 (without the permission of the league, by the way). The team had a number of suitors, including Oprah Winfrey, David Geffen, Larry Ellison, Magic Johnson (known to many for his show The Magic Hour), Grant Hill, Sean Combs, Floyd Mayweather Jr. and Matt Damon (but no Ben). While a deal has been announced, the sale of the team is not finalized. The key issue that will need to be addressed before the team can be sold is the likelihood of Don Sterling objecting to the sale of the team by way of a court action. Contrary to what you may have heard, the Clippers are not owned by Sterling personally. The team is actually owned by the Sterling family trust, which would include his wife Shelley. Assuming that Don Sterling has control over the trust, he would be the one with the sole authority to sign off on the sale. However, ESPNs Ramona Shelburne has reported that Don Sterling has been declared by "medical experts" as "mentally incapacitated." As a result, his wife Shelly has obtained sole power over the trust. A court, though, will generally hold a competency hearing and make that ruling. Given the speed at which this sale has been handled, it would be a surprise to learn that such a hearing was held. Rather, it seems he may have undergone a psychological assessment. As a result, should Sterling not agree to sell the team, he could turn around and sue the league. If he is indeed not mentally incapacitated, he would argue that his wife Shelley did not have the authority to unilaterally sign off on the sale of the team. Sterling could also argue proportionality: the punishment doesnt fit the crime. While his comments were disturbing, he would argue that they were made in private, illegally recorded and nothing unlawful was said. As a result, compelling the disposition of the team is too severe a penalty. As far as the NBA, it has reasonable arguments to make to strip the Sterling family trust of its ownership stake in the Clippers. Bottom line is that the NBA Constitution provides that an owner cannot do anything that "adversely" affects the league. With sponsors, players and fans all reacting negatively to Sterlings comments, the NBA is arguing that his comments adversely impacted the leagues economics and reputation. Remember the focus is not on what Sterling said, but on the impact his comments had on the league. A fine distinction but a distinction nonetheless (and one that allows me to pay my mortgage). Ive also been asked whether Sterling could argue that he shouldnt be forced to sell the team because he was mentally incapacitated at the time he made the comments. This defence was not raised in his written submissions related to his June 3 hearing where the league will look to strip him of his ownership stake. However, that does not preclude the introduction of this defence at a later date. That being said, such a defence would be difficult to make out. The NBA Constitution doesnt care if you intended to do something, but only that is was done. The NBA Constitution provides that an owner cannot do anything that will "affect" the league "adversely". The introduction of the term "affect" and the absence of language requiring intent or a certain mental state of mind make a mental incapacity defence challenging. So even if Sterling did not have the intention of making those comments on account of cognitive impairment, the leagues rules focus on the impact or result of those comments. On the other hand, if Sterling does not oppose the sale of the team, the NBA will want him to sign a release waiving all claims against the league arising from this case. Basically, the league will want his guarantee he wont sue. Since a lawsuit could be worth billions, this release is pretty important. There has been some talk that Shelley may want to stay on as a part-owner. The NBA wants the Sterling name permanently disassociated from the team so that wont fly. The league will therefore want an assurance from Shelley that she is out. The hearing to strip the Sterling family of its ownership of the team (or as the league calls it, its NBA "membership") is scheduled for Tuesday June 3. At the hearing, the league will need 22 of 29 owners to vote to remove Sterling. Assuming the league has the votes (a pretty safe assumption), Sterling would be removed as owner immediately following the vote and Commissioner Adam Silver would take over control of the team. Its that quick. In light of the potential sale of the team to Ballmer, the league is likely to postpone the June 3 hearing if it has assurances from Sterling that he will not oppose the imminent sale the team. If, however, the indication is that Sterling is prepared to fight, then expect the hearing to proceed on June 3. Cheap Real Air Max .com) - The Golden State Warriors have started another winning streak and theyll try to pad it Tuesday night when they head to Staples Center to face the Los Angeles Lakers. Fake Air Max . James Harden wasnt worried and told his coach as much. "He was fired up but I told him: Its OK. Were going to be all right," Harden said. And they were. Houston scored 17 straight points after that timeout, led by 10 from Harden, to take the lead and roll to an easy 129-106 win. https://www.airmaxchina.us/ . Interestingly, the culprits were not rookies, but well paid, experienced pros. The first gaffe came in the 24th minute of arguably the biggest early season MLS game in history between Seattle and Toronto. Sounder newcomer Marco Pappa, (with over 100 MLS games, and 39 Guatemalan Caps to his name) attempted a back pass to one of his central defenders. Air Max Outlet . The (35-35-10) Jets have 80 points and are also playing .500 hockey on home ice this season with a 17-17-6 record. Michael Hutchinson will start his second straight game in goal. Discount Air Max . This time, Tebow was in a groove the entire second half -- not just in the waning minutes -- and his teammates on defence were getting gobbled up.DENVER -- The Washington Nationals turned their clubhouse into a postgame rave scene, complete with blaring music, fog machine and dancing lights. A dazzling display -- almost as eye catching as their performance on the field. Ian Desmond tied a career high with five hits, including a two-run homer, and Doug Fister threw effectively into the sixth to help the Nationals beat the sinking Colorado Rockies 7-2 on Monday night. They were in quite a festive mood, too, as they took over sole possession in the NL East with Atlantas loss. "Anytime we win, its a great day," Fister said as he explained the light show. "We want to make sure we get that winning feeling." The 6-foot-8 Fister (9-2) -- all "elbows and knees" as Charlie Blackmon described him -- allowed nine hits before being pulled with two outs in the sixth after running into trouble. Desmond had four singles -- including one off the arm of reliever LaTroy Hawkins in the ninth -- to go with his 17th homer of the season. His approach at the plate is quite simple: "I just look for the ball and swing as hard as I can." The last time Desmond had five hits in a game was Sept. 15, 2011, at the New York Mets. "Kind of the way its been going for me lately," Desmond said. Franklin Morales (5-5) didnt pitch all that bad, except for one inning. He surrendered all four of his runs -- three earned -- in the fourth. "Other than that, he threw the ball well," Rockies manager Walt Weiss said. Ben Paulsen had two hits and drove in a run in his major league debut for the Rockies, whove lost six straight and fell into a tie with Texas for the worst mark in the majors (40-59). Fister was cruising along until the sixth when the Rockies rallied for two runs on RBI singles from Nolan Arenado and Paulsen to make it 4-2. With the bases loaded and two outs, Nationals manager Matt Williams summoned Aaron Barrett from the bullpen to face pinch hitter Brandon Barnes. Barrett struck out Barnes with a slider in the dirt. "That was kind of, in my eyes, the turning point in the game," Desmond said. The Rockies had a little bit of a scare in that inning when Carlos Gonzallez was tagged out trying to slide into third base.dddddddddddd He stayed down on the dirt for several minutes, clutching both wrists after jamming them into the ground. Gonzalez had surgery on his left index finger earlier this season and missed more than a month. He stayed in the game, but had a scrape on his right arm. "I dont know what else can happen this year," Gonzalez said. Washington padded its lead in the seventh on an RBI single from Wilson Ramos. Desmond later scored on a wild pitch. Colorado was missing several big bats from its lineup as Troy Tulowitzki missed a second straight game with a sore left thigh. Earlier in the day, Justin Morneau was placed on the 15-day disabled list with a strained neck. Taking Morneaus place at first was Paulsen, who was called up from Triple-A Colorado Springs. Hes the ninth different player to make his debut with the team in 2014. Paulsen lined a single to left in his first plate appearance. After Fister received the ball on the mound, he tossed it to a bat boy as a keepsake for Paulsen. Washington finally solved Morales in the fourth, scoring four times. Desmond gave Fister all the run support the right-hander would require with a two-run homer to left. Danny Espinosa drove in another run with a double and later scored when Morales tried to pick off Fister at first and threw the ball down the right-field line. Blackmon led off the first with a double, but Fister managed to escape. Fister struck out Gonzalez with a 79-mph changeup to end the inning. "You know you have to keep the ball down," Fister said. "Thats something we focused on a lot tonight." NOTES: Williams called OF Bryce Harpers day off "a one-day thing." Harper entered as a pinch hitter in the seventh and struck out, then briefly argued with the home-plate umpire over whether he foul tipped the pitch. Williams pulled Harper away. ... RHP Jordan Zimmermann (6-5), who left his last start with a cramp in his right biceps, will start Tuesday. The Rockies will throw LHP Yohan Flande (0-2). ... A woman was hit in the head when the bat slipped out of Gonzalezs hands in the fourth. She was escorted from her seat. ' ' '
Beiträge: | 546 |
Punkte: | 546 |
Registriert am: | 18.02.2019 |
Forum Software von Xobor.de Einfach ein Forum erstellen |