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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. Cory Redding Jersey . Louis Blues remain at the top spot of the TSN. Dwayne Allen Jersey . -- Canadian Kevin Pangos had 18 points, Drew Barham matched his career high with 17 points off the bench, and Gonzaga beat Pacific 70-53 on Thursday night to clinch the outright West Coast Conference regular season title. http://www.coltsproshop.us.com/Womens-Jerrell-Freeman-Authen tic-Jersey/ . -- Michael Bennett gambled last off-season that playing on a one-year deal in Seattle would pay off in the future with the long-term contract he always wanted. Erik Walden Jersey . But the left-hander knows that getting to this point -- nearly two years removed from shoulder surgery -- was anything but easy. Andrew Luck Jersey . They did take one chance on a free agent-to-be however, and it didnt pay off. Rory Kohlert, selected by the Redblacks in the expansion draft from Winnipeg, has signed as a free agent with the Blue Bombers.MANCHESTER, England -- Manchester United unearthed a potential star of the future and perhaps had one last glimpse of a great of its recent past in a 3-1 win over Hull on Tuesday that kept alive the teams chances of European football next season. Highly rated striker James Wilson, 18, marked his senior debut for United with predatory strikes in either half, setting the deposed champions on their way to a victory in their final home game of a forgettable Premier League campaign. Ryan Giggs -- at the other end of the age spectrum at 40 -- came on for his 963rd, and possibly final, appearance for United in the second half and set up fellow substitute Robin van Persie for the clinching third goal in the 86th. Giggs, taking charge of his third game as Uniteds interim manager following the firing of David Moyes last month, has not decided whether to take his distinguished playing career into a 24th year next season. And his future as a coach at United is uncertain while the club searches for Moyes replacement, which is likely to be current Netherlands coach Louis van Gaal. An emotional Old Trafford also bade farewell to defender Nemanja Vidic, who is joining Inter Milan in the summer after more than eight years at United, on a night that had an end-of-era feel to it. Wilson, though, offered positive signs for the future as part of a youthful lineup that included another debutant in 20-year-old forward Tom Lawrence. Addressing supporters in a short speech on the pitch after the final whistle, Giggs said: "You have seen a little glimpse of the future, and this is what this club is about. We never stand still. We always give youth a chance, and we try and play attractive football." Vidic began on the bench after accepting a memento from United great Bobby Robson before kickoff but was a 22nd-minute substitute for Phil Jones, who came off with a shoulder injury sustained in an aerial collision.dddddddddddd Giggs said Jones, who was expected to be in Englands World Cup squad, had been taken to hospital and that it "didnt look great." Big things are expected of Wilson, who has played for England Under-16s and Under-19s and has scored 19 goals for Uniteds Under-21 team this season. And he showed his strikers instincts just in the 31st, reacting quickly to Marouane Fellainis nod-down from a free kick to slam a left-foot shot low into the net from the edge of the six-yard box. When he slotted in a rebound from a similar distance after Fellainis shot was parried out by goalkeeper Eldin Jakupovic in the 61st, Wilson was on course to emulate Wayne Rooneys feat from 2004 of scoring a hat trick on his debut. He was substituted three minutes later, however, but the Old Trafford crowd will surely be seeing more of him. Giggs entered to rousing applause in the 70th and showed flashes of the brilliance that has illuminated Old Trafford since 1991. With the home fans chanting "Keeper, let it in," Giggs had a long-range free kick tipped over by Jakupovic in injury time -- perhaps bringing to an end his run of scoring in every Premier League season since its inception in 1992. Hull, which is safe from relegation, halved the deficit in the 63rd minute through Matty Fryatt but the match ended on a sour note with David Meyler appearing to stamp on United winger Adnan Januzaj. The incident was not seen by the referee and any retrospective punishment could lead to Meyler missing the FA Cup final against Arsenal on May 17. "I have not seen the stamp but I have seen his leg," Giggs said, "and it is bad. It is a joke." Cheap NFL Jerseys ' ' '
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Beitrag vom 22.10.2014 - 16:08 |
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| qian1993 |
22.10.2014 - 16:08 |
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