Cuban is a sore loser

[milkyway21]

He was paid for one more season at his coaching salary, then was to begin work in a consultant's role at a greatly reduced salary, believed to be $200,000 annually.
Cuban's claim is that taking the Golden State coaching position last summer violated a non-compete clause in Nelson's contract."

Cuban may have a case here but isn't it TOO LATE already?He shld have filed earlier after learning Nelson, a consultant of his team accepted the GS coaching job.

[Findog]

I REALLY try to like Cuban. I enjoy listening to him talk about business and love his passion for the game of basketball.

But damn, why does he have to be an asshat.

By biggest problem with this is that he just won't pay Nellie off and make it go away. The legal consensus is that he's going to lose the lawsuit because the Mavericks franchise does indeed owe Nellie the money. By playing hardball, he's opening himself up to nasty tactics in response, like Nellie's lawyer spinning the counter-claim as being a sore loser and essentially suing Nellie for winning the GS series to the media.

I can't defend that. I just don't think what Nellie's attorney is saying passes the smell test.

[HJNTX]

The Ticket = Gospel? I listen to them everyday, because I can't stand Mike and Mike or Galloway. But they have as much insight on this as you do, which is digesting an Eddie Sefko article.

Also, doesn't ESPN local have the Mavericks radio rights as far "flagship" station goes?

I too detest "Mike and Mike.." My favs are Steven A. Smith and Jim Rome ... Both can be a bit abrasive, but I like that ...

[Findog]

I think, on a side note, that I have just found the biggest in Professional sports.

His name is Donnie Nelson, aka Don Nelson Jr., who proceeds to work for this ass Cuban even though Cuban has taken every shot possible at his father. I can't imagine working for anyone treating my father this way. This isn't business anymore, these are personal attacks and personal vendettas being carried out behind lawyers. If Donnie Nelson doesn't walk into Cuban's office and resign then he's the biggest in sports. Money isn't worth selling out your family.

Who knows what all the facts are? On a personal note, my father is a chronic alcoholic, I can't and won't defend everything he does just because "he's my dad." Cuban is apparently wrong on the legal side to hold up the deferred compensation from the Perot days, but there is no disputing that Nellie quit on this team, half-assed it and then FINALLY resigned after barely 'coaching' this team for half a year. Maybe Donnie doesn't feel like that can be defended. I'm not going to defend Cuban blindly, I will acknowledge his faults, but Big Nellie is not a saint. His hands aren't entirely clean in this. I can understand Cuban's anger on Nellie giving up on this team but not his job when Cuban's highest priority is winning a le.

[Findog]

I too detest "Mike and Mike.." My favs are Steven A. Smith and Jim Rome ... Both can be a bit abrasive, but I like that ...

It's endemic to the talk radio industry for on-air personalities to carry themselves as experts on things that they know nothing about, but they are a special brand of douchitude.

[nsrammstein]

The classy franchise that is the San Antonio Spurs would be so ing dissappointed with their fans right now!!

[ShoogarBear]

The classy franchise that is the San Antonio Spurs would be so ing dissappointed with their fans right now!!

Another problem Mav Fan need never worry about.

Along with where to park the car before the parade.

[conqueso]

I hate to support Cuban on this, but he does have a point. If Nellie wants the contract enforced so that he can get paid the money that is owed to him under it, that same contract does in fact include a clause prohibiting him to compete against the Mavericks. Statute of limitations on the breach is 4 years, so Cuban is still within his rights to sue under the contract (if it is indeed held valid). If the contract is not valid, then the no compete clause dies, but so does the obligation to pay Nellie (at least after the breach of the material term, in this case the no compete clause). Not knowing much about the situation other than what's been reported in the media, I'd guess that Cubes has to pay consulting fees up until the time that Nellie joined GS, but not after. However, I don't think Cuban's all-or-nothing assessment is correct. Nellie will get what he was owed under the contract until he breached one of the material terms by coaching another NBA team. I guess another way to look at it is that if the contract was breached when Cuban refused to pay Nellie before Nellie in fact later breached, he will get the value of his services up until that point, and any other damages he incurred by relying on the contract. It's unlikely he will get the full ~$6 mil since he did in fact breach and the contract was for Nellie's services as consultant which he did not complete.

[Findog]

The classy franchise that is the San Antonio Spurs would be so ing dissappointed with their fans right now!!

Honestly, this is one of those stories that gives opposing fans a chance to crack jokes. This IS a Spurs board, so no harm, no foul, let them have their fun on their forum. If they honestly think though that the word of Nellie's lawyer is enough to decide this matter, then good for them, they will never have to sit on a jury.

[ShoogarBear]

I hate to support Cuban on this, but he does have a point. If Nellie wants the contract enforced so that he can get paid the money that is owed to him under it, that same contract does in fact include a clause prohibiting him to compete against the Mavericks. Statute of limitations on the breach is 4 years, so Cuban is still within his rights to sue under the contract (if it is indeed held valid). If the contract is not valid, then the no compete clause dies, but so does the obligation to pay Nellie (at least after the breach of the material term, in this case the no compete clause). Not knowing much about the situation other than what's been reported in the media, I'd guess that Cubes has to pay consulting fees up until the time that Nellie joined GS, but not after. However, I don't think Cuban's all-or-nothing assessment is correct. Nellie will get what he was owed under the contract until he breached one of the material terms by coaching another NBA team. I guess another way to look at it is that if the contract was breached when Cuban refused to pay Nellie before Nellie in fact later breached, he will get the value of his services up until that point, and any other damages he incurred by relying on the contract. It's unlikely he will get the full ~$6 mil since he did in fact breach and the contract was for Nellie's services as consultant which he did not complete.

I'm not a lawyer, but it seems to me that once Cuban breached the contract, then Nellie is no longer bound by any of its stipulations and is free to do what he wants, however, he still has the right to sue. For Cuban to countersue after he was the one who breached the contract is folly, I think.

[Findog]

I'm not a lawyer, but it seems to me that once Cuban breached the contract, then Nellie is no longer bound by any of its stipulations. Why should he continue to honor the terms if he wasn't getting paid?

Nellie says Cuban stopped paying him. Cuban says he breached the consulting contract. An arbitrator will decide the facts of the case and who owes what to whom. All we're doing is speculating.

[conqueso]

I'm not a lawyer, but it seems to me that once Cuban breached the contract, then Nellie is no longer bound by any of its stipulations and is free to do what he wants, however, he still has the right to sue. For Cuban to countersue after he was the one who breached the contract is folly, I think.

That's true, but Nellie is suing for the full contract value, and that can only be a valid remedy if he in fact didn't breach its terms either. Put another way, Nellie is claiming (I think) that the contract was valid and continues to be valid and therefore, he deserves all the money under the contract, regardless of whether the Mavs actually "use" his services. That would be true had he not also breached the contract. Yet he is also trying to claim (probably) that the non-compete clause doesn't apply because Cuban breached the contract. However, for that to be true, the contract would have to terminate upon Cuban's original breach, meaning that he can only recover the fair market value of his services up to that point. Or at least that's my understanding of contract law, which isn't one of my strong suits.

[Findog]

I just don't understand how Jerry Jones is criticized because people think he does all the things Mark Cuban is loved for actually doing.

My take on JJ is the same as Cuban: Aikman, Emmitt and Irvin did it on the field, Jimmy assembled the roster, and Jerry signed the checks, signed off on the Herschel trade, signed off on Charles Haley, etc. He gets a portion of the credit for three superbowls, as does Cuban for the Mavs rising from the dregs of the league to an upper-echelon team.

My biggest beef with JJ is Cowboy games are not affordable and he thinks a local municipality is en led to build him a stadium on their dime.

[Obstructed_View]

I don't understand why Findog doesn't understand the difference between real life and a court of law. I'm expressing my opinion on a message board. I didn't take an oath to be impartial before I did it. You aren't innocent until proven guilty in the real world. Those are ideas and standards that our legal system tries to uphold. There's no obligation not to say anything until all the facts come out. Many of us knew that Nellie took the GS job because Cuban defaulted on the money he owed him. That's the reason folks predict Cubes is going to lose the case. If he can find a way to legally dance around it and get out of it, good for him. Just because OJ was acquitted doesn't make him innocent.

And where did you develop this delusion that Nellie was mailing it in, muchless that it's somehow accepted common knowledge?

[ShoogarBear]

That's true, but Nellie is suing for the full contract value, and that can only be a valid remedy if he in fact didn't breach its terms either. Put another way, Nellie is claiming (I think) that the contract was valid and continues to be valid and therefore, he deserves all the money under the contract, regardless of whether the Mavs actually "use" his services. That would be true had he not also breached the contract. Yet he is also trying to claim (probably) that the non-compete clause doesn't apply because Cuban breached the contract. However, for that to be true, the contract would have to terminate upon Cuban's original breach, meaning that he can only recover the fair market value of his services up to that point. Or at least that's my understanding of contract law, which isn't one of my strong suits.

Well, it's not my suit at all. (ba-doom-ching)

But I don't think Nellie has to claim the contract is still valid to sue. I'd guess all he has to claim is that contract was invalidated by Cuban's refusal to payment, and once that happened, he's en led to seek employment AND sue for breach.

[Findog]

I don't understand why Findog doesn't understand the difference between real life and a court of law. I'm expressing my opinion on a message board. I didn't take an oath to be impartial before I did it. You aren't innocent until proven guilty in the real world. Those are ideas and standards that our legal system tries to uphold. There's no obligation not to say anything until all the facts come out.

I understand speculation and conjecture just fine, I have no problem with it. You're free to believe what you want and offer up an opinion. The gist of the commentary here isn't really opinion though is it, besides the Cuban jokes. it's accepting on faith that Nellie's lawyer is telling the truth. My only point is that it doesn't necessarily make it so.

And where did you develop this delusion that Nellie was mailing it in, muchless that it's somehow accepted common knowledge?

Okay, it's my opinion that the piss-poor job he did the first season sans Nash that culminated in his resignation was mailing it in. He's made comments in the past about how he had lost the "fire" or "passion" or whatever and numerous people inside the organization have characterized his job performance that way. I watch my team's games, I read the sports pages, I read the blogs, I think I have as much of a handle for what's going on with my team as you do yours.

[leemajors]

My take on JJ is the same as Cuban: Aikman, Emmitt and Irvin did it on the field, Jimmy assembled the roster, and Jerry signed the checks, signed off on the Herschel trade, signed off on Charles Haley, etc. He gets a portion of the credit for three superbowls, as does Cuban for the Mavs rising from the dregs of the league to an upper-echelon team.

My biggest beef with JJ is Cowboy games are not affordable and he thinks a local municipality is en led to build him a stadium on their dime.

from my personal understanding, most cowboy fans who hated jj off the bat did so because of his exceptionally poor handling of the termination of Landry. they're still my team, but that was just bad.

[Findog]

from my personal understanding, most cowboy fans who hated jj off the bat did so because of his exceptionally poor handling of the termination of Landry. they're still my team, but that was just bad.

Yeah, he handled it badly, but the ironic thing is that all throughout the 88 season, the drumbeat kept getting louder and louder: "The game has passed Landry by, it's time for a new coach." He did it artlessly and gracelessly, but he gave the Cowboys fanbase deep down what they wanted. And three superbowls goes pretty far in erasing ill will.

[conqueso]

Well, it's not my suit at all. (ba-doom-ching)

But I don't think Nellie has to claim the contract is still valid to sue. I'd guess all he has to claim is that contract was invalidated by Cuban's refusal to payment, and once that happened, he's en led to seek employment AND sue for breach.

Yeah, that's right, but he's seeking full damages on the contract, which I guess might be stipulated therein (but doubtfully, and even if it were, it would probably be construed as a penalty and not valid liquidated damages). But otherwise, Cuban wouldn't owe him the entire value on the contract if there were mutual breaches of the contract at different times. Don't get me wrong, Cubes owes Nellie money, no doubt about it, but probably not the full contract price since Nellie ed up and went and coached another team. The fact that GSW beat Dallas has nothing to do with anything at all, so this "trade secret" bull that Nellie's lawyer is trying to pull is just that.

[shelshor]

Why is Cuban having hip surgery?

3 possibilities:
He stuck his foot in his mouth too many times
He stuck his head up his ass too many times
There were complications from the budget colonoscopy Dirk and AJ gave him

[conqueso]

Yeah, he handled it badly, but the ironic thing is that all throughout the 88 season, the drumbeat kept getting louder and louder: "The game has passed Landry by, it's time for a new coach." He did it artlessly and gracelessly, but he gave the Cowboys fanbase deep down what they wanted. And three superbowls goes pretty far in erasing ill will.

Surprise surprise, fickle Dallas fans blaming their coach for the iness of their team. Where have I heard that one before?

[Findog]

Surprise surprise, fickle Dallas fans blaming their coach for the iness of their team. Where have I heard that one before?

Dallas is a frontrunner's town. Fortuanately I live in Fort Worth.

[Avitus1]

I think anybody that watches and studies Mav's games has this same insider information. Didn't Avery change the team up game 1 against the Warriors, I'm sure that had nothing to do with the loss.

I'm sure Nellie did violate his contract it sounds like that. Thanks Conqueso, but "insider information" to beat the Mavs..... give me a break.

[aaronstampler]

The way I read the article, it sounded to me like Cuban would be fine paying Nelson the 6.5 million if he quits his coaching job immediately.

[JustSpurs]

Cuban needs the 6.5 million to pay Finley's Salary next season....