正文

which requires a minimum o

(2015-02-04 19:35:00) 下一个
A cadre of attorneys and a flurry of lawsuits could certainly slow down the NBAs plan to force Donald Sterling to sell the Los Angeles Clippers over his recent racist comments, but legal experts say the league would likely prevail in the end. cheap jerseys . And that goes for Sterlings wife, Shelly, who has said shed like to keep her stake in the team even if her husband is ousted. The NBAs constitution, which Donald Sterling signed as controlling owner of the Clippers, gives its board of governors broad latitude in league decisions including who owns the teams. NBA Commissioner Adam Silver is pushing for a swift vote against Sterling, which requires a minimum of three-fourths of the other 29 controlling owners to agree. Silver also has imposed a lifetime ban on Sterling and a $2.5 million fine. The ban does not apply to Shelly Sterling. SI.com and ESPN.com, citing unidentified sources, reported Thursday that Sterlings lawyer, antitrust litigator Maxwell Blecher, wrote a letter to Rick Buchanan, the NBAs executive vice-president and general counsel, threatening to sue the league and saying Sterling will not pay the $2.5 million fine. "Sterlings own signature will come back to haunt him," said Michael McCann, founding director of the Sports and Entertainment Law Institute at the University of New Hampshire. "You agree to certain basic understandings. Thats what makes a sports league different from other businesses." The key to the NBAs authority, attorneys say, is Article 13(d) of the leagues constitution. That section says that, whether Sterling intended to or not, an owner cannot "fail or refuse to fulfil" contractual obligations to the NBA "in such a way to affect the Association or its members adversely." Theres plenty of evidence Sterlings comments, revealed in a recorded conversation with a female companion, affected the league adversely. They provoked threats of a player boycott, led sponsors to withdraw support and created a racially charged image problem in the midst of the NBA playoffs that even President Barack Obama remarked upon. If Article 13(d) was violated, the legal experts say the board of governors has solid grounds to force Sterling to sell the team along with any other owners, in this case his wife. As long as the NBA meticulously follows its own constitution and rules regarding the Clippers sale, it will be difficult for Sterling to find a legal theory that would stand up in court, said Daniel Lazaroff, director of the Sports Law Institute at Loyola Law School in Los Angeles. "This is not an antitrust issue. This is not a First Amendment issue," Lazaroff said. "Its a question limited to the interpretation of the NBA constitution and bylaws, and whether those terms are met." Another question involves California family law. Its a community property state, meaning spouses jointly own property they acquired while married. The Sterlings were already married when he bought the Clippers in 1981. Although a potential divorce could complicate the Clippers sale, McCann said the couples joint ownership actually works to the NBAs favour because — legally speaking — they are a single entity. So if the NBA forced Donald Sterling to sell, even under a divorce scenario, Shelly Sterling would have to sell, too. They have been married since 1955. "The NBA is well positioned to ultimately prevail," McCann said. For his part, Donald Sterling has repeatedly said he does not want to sell the Clippers. In his recent interview with CNNs Anderson Cooper, he cast doubt on going to court if the NBA governors ultimately do vote to force him out. "People want me to hire a wall of lawyers and them to have to hire a wall of lawyers and go to war," Sterling said on CNN. "I dont think thats the answer." Sterlings longtime attorney, Robert Platt, declined to comment when contacted Wednesday. Shelly Sterlings attorney, Pierce ODonnell, did not respond to email requests for comment from The Associated Press. But he has previously said she wants to remain a passive owner of the Clippers even if her husband is no longer involved. For now, the NBA has installed former Time Warner and Citigroup chairman Dick Parsons to oversee the teams business operations. Parsons said this week that a prolonged legal battle "is in no ones interest." "I would hope we could avoid that," he said. If he is forced out, Sterling still stands to reap a huge financial windfall in a Clippers sale. He bought the team for $12.5 million in 1981, and Forbes magazine recently placed its 2014 value at $575 million, or No. 13 in the NBA. Of course, there would also be a sizable capital gains tax bill for that. _____ Follow Curt Anderson on Twitter: http://twitter.com/Miamicurt nfl jerseys china . The World Group first round series will now continue Monday with Spain leading 1-0. Earlier Sunday, Czech Klara Zakopalova led the second singles match against Maria Torro-Flor 6-3, 2-0. wholesale jerseys . Beaulieu has four goals and 10 assists in 32 AHL games and had one assist in five games for Montreal this season. The 23-year-old Nattinen has five goals and six assists in 37 games for the Bulldogs this season.LONDON - Arsene Wenger is set to manage Arsenal into a 19th season after the club ended any uncertainty by announcing Monday that he will be signing a new deal. The Frenchman, who has been in charge since 1996, had been reluctant to publicly commit to a new deal, but chief executive Ivan Gazidis said that will happen soon. Gazidis described the 64-year-old Wenger as the "right person to see us forwards." "We have always supported Arsene, the board has always been completely behind him as has (owner) Stan Kroenke, and Arsene has always been committed to this football club," Gazidis said. "So we are comfortable with the position, we are relaxed about it ... Arsene will be extending with us. And at the right time we will make that announcement." Plucked from the relative obscurity of Grampus Eight in Nagoya, Japan in 1996, Wenger has delivered three Premier League titles and four FA Cups at Arsenal. "This football club is the football club of his life," Gazidis said. Although Wenger has not won a trophy since 2005, Arsenal is top of the Premier League and still in the Champions League and FA Cup. Wengers financcial power in future transfer windows will be enhanced by Arsenal signing its biggest-ever commercial deal. cheap nfl jerseys. . Puma is replacing Nike as Arsenal kit maker in deal that is reported to be delivering 30 million pounds ($50 million) a year for five years for the London club. "The money from this deal will be available to the club from this summer," Gazidis said at the Puma announcement on Monday. "It represents an important step in our progression on and off the pitch." Arsenals turnover in 2012-13 was 243.6 million pounds ($404 million), the eighth highest in football, according to accountancy firm Deloitte last week. "One of our long-term goals has been to increase commercial revenues and there is a football reason for that — from the summer onwards the money will be available for the manager to spend how he sees fit," Gazidis said. "We have a vision to be competing at the top of the worlds game, but we dont get there overnight. We are doing it our way, without relying on any single individual, on an independent path." ___ Rob Harris can be followed at www.twitter.com/RobHarris cheap jerseys cheap jerseys from china ' ' '
[ 打印 ]
阅读 ()评论 (0)
评论
目前还没有任何评论
登录后才可评论.