Never thought I'd see the day where we are penalized and accountable,,,financially for an opinion. It matters not if you think the person is right or wrong,,,,no one should have the power to take your business away from you if they don't agree with your views. Where does it stop? If I'm in power and I don't like where you stand,,,,I can take your restaurant or bar or store away from you because I think your wrong in your beliefs? What a joke this is becoming,,,,
I get what you're saying, but this isn't new, at least not in the NBA. Cubes paid almost $2m in fines for merely stating his opinion.
This obviously goes further, but these guys signed an agreement to waive certain rights as part of becoming members of that exclusive club. Contract law is what it is, but he certainly can't claim he didn't know what he signed into.
I just laugh at all the race baiters and emo pussies that are sticking their chests out and high fiving each other over this. They honestly think they hurt this old Jew ? Doesn't he own like an ass load of real estate in Beverly Hills? And he basically holds all the cards in this because the NBA desperately wants him to sell the Clippers but you know he ain't gonna sell them for cheap. If Sterling accepts a small defeat and sells the Clippers, he will make a huge profit. I've heard he could get somewhere between 800 million dollars to 1 billion dollars.
Generally courts won't extend a waiver of recourse to an rust claims though.
“even claims arising under a statute designed to further important social policies may be arbitrated because so long as the prospective litigant effectively may vindicate his or her statutory cause of action in the arbitral forum, the statute serves its functions.” (531 U.S. 79, 90 (2000) (citation omitted)).http://kluwerarbitrationblog.com/blo...tion-doctrine/The doctrine originated in Mitsubishi. There, the Supreme Court determined that international arbitration did not prevent effective vindication of a federal an rust claim, but noted that an agreement could be contrary to U.S. public policy “in the event the choice-of-forum and choice-of-law clauses operated in tandem as a prospective waiver of a party’s right to pursue statutory remedies for an rust violations” (473 U.S. 614, 637 n. 19 (1985)).
The "effective vindication" exception to which respondents allude originated as dictum in Mitsubishi Motors, where we expressed a willingness to invalidate, on "public policy" grounds, arbitration agreements that "operat[e] . . . as a prospective waiver of a party's right to pursue statutory remedies."
http://www.supremecourt.gov/opinions/12pdf/12-133_19m1.pdf
A recent example in the sports world is with the series of lawsuits regarding American Needle vs the NFL. American Needle had also waived their right to sue, but got/is getting it to trial on an rust claims.
http://www.sportsbusinessdaily.com/J...an-Needle.aspx
http://cookcountyrecord.com/news/263...mmary-judgment
I went back and read it. And yeah, the owners would still have to approve the transfer. If they did, there's nothing wrong with that. That's something I could see happening as a compromise, but I don't know if the NBA would even be willing to compromise on this. It makes sense to, but it also makes sense to just not force Sterling to sell. Just to me it feels like Silver is going for blood.I'm talking about transfer of ownership, which is allowed within the bylaws. The could arrange a deal where he files a transfer of ownership to a trust/kid/wife and the other owners promise not to strip him of ownership and approve the transfer. Under that scenario, there's no sale, it's a simply a transfer. He's out of the picture and his family retains the franchise.
tbh, I'm not even sure if that applies. Because the bylaws don't actually say that decisions should go through arbitration (FAA), it simply says the owners agree not to challenge decisions in court.
That's not to say that Sterling wouldn't challenge that, and the avenue you bring about anti-trust law might be what they end up pursuing, but it's going to take some imagination to turn this into an anti-trust claim.
On the other hand...
Sterling has some leverage. One thing the league cannot afford is that a judge rules the bylaws are unenforceable/uncons utional. Even if they could appeal such ruling, if that should happen, the league has to come to a screeching halt. It would be a mess, and something I'm sure they would be very wary of. So I see plenty of room for negotiation if Sterling is willing to step aside personally and transfer the franchise to somebody else in the family. After the all, the problem is personified in him, not his kid or wife. And he has more than enough money and investments to finish his life very happily. The problem here is that I think he might've taken this entirely personal.
lol the ST racists continue to be riled up.
Every human has some prejudice in them. We are imperfect beings.
Aw, Jacob is his own biggest apologist!
You racist just like everyone else. Admit it and own it, ass .
lol Jacob mad
Not mad. Just amused by all the pussies and softies in America. I got bullied, abused, and threatened 24/7 from elementary to graduation night in high school yet I didn't go cry to some organization and demand a parade or a medal or that someone's life be destroyed because my feelings were hurt. You got to be thick skinned in life. That experience molded me into what I am today. It made my heart cold and dark and taught me to always be on my guard because anyone and everyone can you over in life.
You pretty much cry and demand a medal here every day.
Yup, medical school was a nasty and compe ive experience for me. I was stunned to see grown as people acting so compe ive and throw subtle low blows at stuff 24/7. I never experienced bullying except of course in high school a little but I kind of built the reputation of a fighter. In med school it was more about mental games with you and people bullying the 'weaker' person. I was kind of stunned, women could be the nastiest of them all and very tribal. Guys were mostly chill.
Funny Timmay is with a girl right now and has never been seen with a man grabbing HIM LIKE MAGIC was in that one pic! The little boy camp type of pic Magic was in!! I guess your team beat them to it! Magic that is.Says that with Tim Duncan as his teams greatest player
http://4.bp.blogspot.com/_drUMJ9HF-t...s1600/kiss.jpg
Look at him as well kissing his BUDDY ISIAH! How cute.
It applies or at least some derived ruling of it does. The idea is that you have to have some form of "effective vindication" in pursuing statutory rights violations. (arbitration or otherwise) You aren't allowed to waive statutory rights that act in the benefit to public policy (or public good). Ex: You can't sign a contract with an employer that says you agree to be paid under minimum wage, otherwise there would be no point in even making the law in the first place if you could cir vent it so easily.
Even regardless, it would still apply. The bylaws say the rulings of the board of governors are considered an act of arbitration. As long as both parties agree on the arbitration conditions, it's fair game. I don't see how they could just decide the FAA doesn't apply to them unless they're going through the CA or NY arbitration laws. Regardless, Sterling still needs to have some sort of "effective vindication." If he doesn't, that part of the contract is void and he'd be able to sue.
But tbh it's pretty generally accepted that Sterling'll be able to at least have the chance to make an an rust argument without getting summary judgment'd for the no sue clause.
& I think if even peons like myself can come up with a valid enough an rust argument that it could get to trial, whoever Sterling hires with his billions'll have no problems coming up with an argument.
I'm not even gonna act like I know what's gonna happen. I never thought Silver would actually try to terminate Sterling in the first place. I never thought the owners would (supposedly) unanimously agree to get him out either. I'm just gonna sit back and enjoy the process.Sterling has some leverage. One thing the league cannot afford is that a judge rules the bylaws are unenforceable/uncons utional. Even if they could appeal such ruling, if that should happen, the league has to come to a screeching halt. It would be a mess, and something I'm sure they would be very wary of. So I see plenty of room for negotiation if Sterling is willing to step aside personally and transfer the franchise to somebody else in the family. After the all, the problem is personified in him, not his kid or wife. And he has more than enough money and investments to finish his life very happily. The problem here is that I think he might've taken this entirely personal.
Thanks. I'm sure they'll try to build a case. Whether it's convincing it's a different matter altogether.
yeah, I mean, he might file on a friendly court and can hit the wall pretty soon. But when you add appeals, etc, this can be a protracted battle. That's why I wouldn't be surprised if they decide to negotiate an out at some point.
Whoa. Might be a shorter ban than we think.
No one give him any sympathy because he is a rich white racist. I don't think he can play his Jew card anymore or maybe Silver took it away.
He's probably got 5 years left before he's worm food, and he's worth a couple thousand million now... what will another thousand million mean? He's banned from the game he spent most of his life being around in some form or fashion. There's no consolation prize for that. He's going to die being shunned by the basketball world, never will he be mentioned in the inner circles of greats, and he shall play no more reindeer games.
Thebesteva, What med. school did you goto? all the gunners btw, but I'd be lying if I said I wasn't super compe ive either since I want to go into ENT or Derm.
Initially was a veterinary medicine student, I actually have two years of veterinary medicine experience. Decided it wasnt for me and changed my career goals and attended Upenn. Gunners are gots tbh
I goto a top 20 school, but damn... Upenn? Yea, you are definitely going to find hardcore gunners there. What residency did you end up going into btw, and was the gunner atmosphere still there?
An rust law can be really anti-intuitive sounding at times so honestly it's pretty hard to explain or convince a random person that it's a good or valid argument.
They'll be able to drag this on for years with all the avenues Sterling has to screw with the process. I was expecting Sterling to die before it ended even before the cancer announcement tbh. Silver apparently didn't have any problems with Sterling's wife since he allowed her go to the game. Maybe that actually will happen. Who would really have a problem with it, especially if Sterling is dead?yeah, I mean, he might file on a friendly court and can hit the wall pretty soon. But when you add appeals, etc, this can be a protracted battle. That's why I wouldn't be surprised if they decide to negotiate an out at some point.
Last edited by jimbo; 05-02-2014 at 01:01 AM.
They don't even need the old guy to die... he hands it off to the family, they post a couple of tweets of how they're nothing like the old man... it's a win-win for everybody, except the expensive lawyers...
but but the aids got will try and continue to stir the pot..his plans are already into fruition just a step away from succeeding, cant allow this to stop his grand plan
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