[net-gold] SPORTS: BASKETBALL: PROFESSIONAL : SPORTS: MANAGEMENT AND ADMINISTRATION: Donald Sterling Sues NBA for $1 Billion, as Questions over His Mental State Loom

  • From: "David P. Dillard" <jwne@xxxxxxxxxx>
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  • Date: Fri, 30 May 2014 23:43:31 -0400 (EDT)



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SPORTS: BASKETBALL: PROFESSIONAL :

SPORTS: MANAGEMENT AND ADMINISTRATION:

Donald Sterling Sues NBA for $1 Billion,
as Questions over His Mental State Loom

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Donald Sterling Sues NBA for $1 Billion,
as Questions over His Mental State Loom


By Greg Botelho and Brian Todd

CNN

updated 8:50 PM EDT, Fri May 30, 2014

http://www.cnn.com/2014/05/30/us/nba-clippers-sterling/

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(CNN) -- Los Angeles Clippers co-owner Donald Sterling made clear he wasn't going away Friday, suing the NBA for more than $1 billion for its decision to ban him for life and force him to sell the franchise.

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snip

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Sterling's camp, in its lawsuit, claim that the move to terminate his ownership "is unconstitutional, in breach of contract, in restraint of trade, in breach of fiduciary duties and ... is malicious and oppressive."

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Among other allegations, Sterling says in the lawsuit that he never violated the NBA's constitution and the recording that spawned this scandal -- and that recording, it says, is the sole base of the NBA charges against him -- is against California law.

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The lawsuit also states that "the forced sale of the Los Angeles Clippers threatens not only to produce a lower price than a non-forced sale, but more importantly, it injures competition and forces antitrust injury by making the ... market unresponsive to ... the operation of the free market."

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"(Sterling believes) that the NBA's forced sale ... would create damages of at least $1 billion, which includes capital gains taxes, unnecessary and increased investment-banking fees, legal and transactional costs, and the loss of all future appreciation in the Los Angeles Clippers franchise value," it adds.

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The filing in a federal court in California comes a day after Sterling's estranged wife, Shelly, agreed to sell the Clippers to ex-Microsoft CEO Steve Ballmer for $2 billion.

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It also comes days before an anticipated meeting of the NBA Board of Governors that was set to include a vote that could have forced the Sterlings to give up that team.

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The NBA said Friday that the June 3 meeting has been canceled -- something Sterling himself had asked for in his lawsuit -- due to the Clippers' pending sale to Ballmer.

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"The NBA, Shelly Sterling and the Sterling Family Trust today resolved their dispute over the ownership of the Los Angeles Clippers," the NBA said in a statement. "... Mrs. Sterling and the Trust also agreed not to sue the NBA and to indemnify the NBA against lawsuits from others, including from Donald Sterling."

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The lawsuit filed Friday listed Donald Sterling and the Sterling family trust as plaintiffs.

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snip

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The question of whether Donald Sterling has standing over the NBA franchise doesn't just have to do with his racist comments but, more generally, his mental state.

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Two neurologists have deemed Donald Sterling to be mentally incapacitated, two sources with detailed knowledge of the situation told CNN on Friday.

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Sterling's lawyer, Maxwell Blecher, firmly shot down this report, calling such a declaration a "vast overstatement." Blecher said the 80-year-old was diagnosed with a "modest mental impairment" or a "slowing down."

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"(Sterling is) far from incapacitated," his lawyer said.

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The complete article may be read at the URL above.

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  • » [net-gold] SPORTS: BASKETBALL: PROFESSIONAL : SPORTS: MANAGEMENT AND ADMINISTRATION: Donald Sterling Sues NBA for $1 Billion, as Questions over His Mental State Loom - David P. Dillard