Donald Sterling

@BillRM,

BillRM wrote:

What was question was did he or did he not have grounds for a possibly successful lawsuit or not.

still not me

0 Replies

Quote:

Turns out that lawsuit may not become a reality. In a twist worthy of a daytime soap opera the NBA, Shelly Sterling and the Sterling Family Trust issued a joint statement saying that Shelly Sterling and the family trust agree, “not to sue the NBA and to indemnify the NBA against lawsuits from others, including from Donald Sterling.

http://nypost.com/2014/05/30/donald-sterling-to-sue-the-nba-for-1-billion/

Cool move if I get it, Donald can sue, but if the NBA lost the trust pays the penalty so Donald would lose no matter what.

2 Replies

@hawkeye10,

Wow. Unless this is part of a scintillating ass kick by the Sterlings and attys, Shelley has fucked Don but good.

1 Reply

@Lash,

Lash wrote:

Wow. Unless this is part of a scintillating ass kick by the Sterlings and attys, Shelley has fucked Don but good.

Word has been that they always no matter what it looks like are working together for the same agreed upon goals.

Maybe not any longer. This is too complicated legally for me to know, but I am watching.

0 Replies

@hawkeye10,

Quote:

Cool move if I get it, Donald can sue, but if the NBA lost the trust pays the penalty so Donald would lose no matter what.

However that move all depend if his wife having the power she is claiming to have of acting for the trust without his permission and if not she promise to have the trust hold the NBA harmless is worthless.

1 Reply

@BillRM,

BillRM wrote:

Quote:
Cool move if I get it, Donald can sue, but if the NBA lost the trust pays the penalty so Donald would lose no matter what.

However that move all depend if his wife having the power she is claiming to have of acting for the trust without his permission and if not she promise to have the trust hold the NBA harmless is worthless.

Betcha she did. Up till now he has never had a reason to not trust her, so he would have never had reason to demand a change in the trust set-up.

And she almost certainly is sure that she is taking him by the nose for his own good.... that he had gotten sloppy and put everything at risk so he is going to take this deal, pay his share of the cap gains taxes, that is take his medicine and be a good boy. This is what happens when you get sloppy.

1 Reply

@hawkeye10,

Hawkeye she is acting under the claim that he is no longer competent and if a court find otherwise she have zero power to have acted in the name of the family trust without his permission.

If his lawyers could show that it was an illegal sale he might in the end need to be given another billion dollars or so to go away.

1 Reply

@BillRM,

I have not seen the wording, But I bet that it is along the lines of " if a competent authority should deem one of the trust members to mentally incapacitated then.."

It is all moot

Quote:

"The NBA will withdraw its pending charge to terminate the Sterlings' ownership of the team," the NBA said in a statement. "Because of the binding agreement to sell the team, the NBA termination hearing that had been scheduled for June 3 in New York City has now been cancelled. Mrs. Sterling and the (Sterling Family) Trust also agreed not to sue the NBA and to indemnify the NBA against lawsuits from others, including from Donald Sterling."

That means Shelly Sterling and the Sterling Family Trust might have to cover the NBA's expenses if Donald Sterling sues the league, as he did Friday. The Sterlings jointly own the trust, which owns the Clippers.

"If Mrs. Sterling and the Trust specifically agree to indemnify the NBA against lawsuits from others, including Donald Sterling, then, yes, if Donald Sterling sues the NBA over the sale (as distinguished from other types of claims), it would appear that Mrs. Sterling and the Trust would be agreeing to cover the NBA with money from the trust and/or her own personal funds," said Perrie Weiner, an attorney in Los Angeles who is not involved in the case.

http://www.usatoday.com/story/sports/nba/clippers/2014/05/30/donald-sterling-lawsuit-shelly-los-angeles-sale-lifetime-ban/9791103/

We can take the fact that Donald filed against the NBA as proof that he and the wife are no longer a team,,,,she fucked him, she knew what he would do and cut him off.

He could file against the trust to try to cancel the deal, but I dont think he would win, and where does that leave him if he did?

1 Reply

@hawkeye10,

Quote:

He could file against the trust to try to cancel the deal, but I dont think he would win, and where does that leave him if he did?

As the owner of the team and a real legal mess that in order to clear up would demand even larger sums of money then two billions.

0 Replies

And the music goes round and round...

Quote:

Donald Sterling proceeds with ‘suing himself’ to block Clippers sale
June 9, 2014,

Just when you thought it was safe to turn on SportsCenter, here comes the latest twist in the Donald Sterling saga. He’s opted to go ahead with his lawsuit against his wife and the NBA in order to prevent the sale of the Clippers.

A day earlier, NBA commissioner Adam Silver spoke confidently about putting the Sterling fiasco behind him and moving forward with the sale. But Silver will have to wait a while longer because Sterling doesn’t sound like a guy close to capitulating.

“I believe that Adam Silver acted in haste by illegally ordering the forced sale of the Clippers, banning me for life from the NBA and imposing the fine,” he wrote in a statement posted late Monday by NBC. “Adam Silver’s conduct in doing so without conducting any real investigation was wrong.”

He ended with a vow to keep fighting to remain owner of the team.

The interesting aspect of his lawsuit is that, as Silver said Sunday, Sterling will effectively be suing himself, seeing as how his wife Shelly has reportedly agreed to indemnify the NBA and use the Sterling Family Trust to cover any losses.

– Shawn Langlois
http://blogs.marketwatch.com/themargin/2014/06/09/donald-sterling-proceeds-with-suing-himself-to-block-clippers-sale/

Interesting back story regarding the sale...

Quote:

Plan B Eased Clippers Deal: Sterling’s Diagnosis
Donald Sterling’s Impairment Expedited the Clippers’ Sale to Steve Ballmer
By SCOTT CACCIOLA
JUNE 9, 2014
http://www.nytimes.com/2014/06/10/sports/basketball/donald-sterling-impairment-eased-clippers-sale-to-steve-ballmer.html

1 Reply

@firefly,

A clip (ha!) from this article -
http://www.reuters.com/article/2014/06/10/us-nba-clippers-sterling-idUSKBN0EL03Z20140610

It was not possible to verify the status of the lawsuit on Monday. Silver said in San Antonio on Sunday that part of the deal struck with Sterling's wife included her agreeing to indemnify the NBA against lawsuits from her husband.

"So in essence, Donald is suing himself and he knows that," Silver told reporters before Game 2 of the NBA Finals.

A spokesman for Sterling's wife's company said she had no comment on the report.

1 Reply

@ossobuco,

Quote:

So in essence, Donald is suing himself and he knows that," Silver told reporters before Game 2 of the NBA Finals.

Only if he cant get the courts to overturn that stipulation. I any case if his intent is to drag this out in the courts till he dies then he would not even care, as after he dies the team would get sold, and his estate would not have to pay the capital gains taxes. The suit dies with him.

It does appear that the wife and the NBA miscalculated the belligerence of Donald Sterling.

1 Reply

@hawkeye10,

There is no doubt that Sterling was screwed over. His mistress and her pimp set him up illegally with recorded phone calls. He is an old, deluded, man who was jealous of his mistress hanging out with other men, who happened to be black.

He may have a good case. In the meantime, great offers for his team will still be there when he dies.

Indeed, leaving his property by will will eliminate all or most of any taxable capital gains by recipients due to the stepped-up basis rule.

1 Reply

@Advocate,

Quote:

There is no doubt that Sterling was screwed over. His mistress and her pimp set him up illegally with recorded phone calls. He is an old, deluded, man who was jealous of his mistress hanging out with other men, who happened to be black.

the entire deal hinges on the wife claiming the right to invoke the diminished capacity section of the trust document, and it is a huge stretch to conclude that he current functioning ability was what was intended by him to trigger that stipulation. Or that a jury of his peers would think so. I dont see why he would not get his wifes agreement with the NBA thrown out on the grounds that she committed a trust violation.

1 Reply

@hawkeye10,

So now the NBA is hoping that the wife prevails in court over the husband. I wonder if Silver is now thinking back to all of those decades where this couple has always worked together like a well oiled machine. If so he probably is not sleeping too good these days.

0 Replies

Quote:

Shelly Sterling in court Thursday
June 19, 2014
By Ramona Shelburne |

Shelly Sterling is seeking a court order of protection for her, her lawyer and witnesses, such as the doctors who evaluated Donald Sterling, from harassment by her estranged husband and his lawyers, according to a request filed Thursday.

The filing claims that on June 9, Donald Sterling called Shelly Sterling's attorney, Pierce O'Donnell, threatened lawsuits and stated, "I am going to take you out, O'Donnell." The filing says O'Donnell understood that to be a death threat.

The document also alleges statements by Donald Sterling threatening the licenses of the doctors and a letter from one of his attorneys claiming the physicians are part of a conspiracy. Shelly Sterling and her attorneys argue it is an attempt by Donald Sterling and his lawyers to threaten, intimidate and harass witnesses who will be called in the probate court hearing July 7-10.

That hearing was scheduled after an emergency petition to the court last week by Shelly Sterling to evaluate the actions she took to sell the Los Angeles Clippers for a record $2 billion to former Microsoft CEO Steve Ballmer.

Shelly Sterling has argued for an expeditious court ruling on her authority to sell the Clippers because the sale needs to close no later than Sept. 15 or the NBA will resume termination proceedings against Donald Sterling for racist remarks he made to former assistant V. Stiviano, which were published by TMZ.

Shelly Sterling became sole trustee of the Sterling Family Trust, which owns the Clippers, when two neurologists evaluated Donald Sterling and determined he had a form of dementia consistent with Alzheimer's disease that incapacitated him from making decisions about his business and legal affairs.

Donald Sterling has since challenged that diagnosis and her authority to sell the franchise. On June 9, his lawyers filed a motion to revoke the terms of the family trust.

According to court records obtained by ESPN.com, the purchase agreement between Ballmer and Shelly Sterling holds that either Donald Sterling must consent to the sale or a court must validate her authority to act as the sole trustee.
http://espn.go.com/los-angeles/nba/story/_/id/11105693/shelly-sterling-wants-protective-order-donald-sterling

0 Replies

The plot thickens, not a big surprise to me:

http://www.si.com/nba/2014/06/30/doctors-rule-clippers-donald-sterling-mentally-competent

1 Reply

@ossobuco,

In other words the wifes deal with the NBA is null and void, she was never authorized to mame that deal.

1 Reply

@hawkeye10,

You might be wrong. Shelly argues she properly followed the procedures to declare Donald incompetent. If the procedures were followed, and there is no fraud by her, she will probably prevail.

1 Reply

@Advocate,

Advocate wrote:

You might be wrong. Shelly argues she properly followed the procedures to declare Donald incompetent. If the procedures were followed, and there is no fraud by her, she will probably prevail.

I dont think a court will care, what they will care about is whether he is competent. Since he objected before any action could be taken the court can prevent the wrong from being done, and it is morally obligated to do so.

I was reading someone in the press about 5 days ago saying that the court would let this all slide because the buyer (potential buyer actually) has committed no wrong so he should get what he came to buy, which makes no sense to me. If this was important we would not confiscate stolen goods and return them the what are called the " rightful" owners.

What should happen is the court orders a new evail with someone they trust, and that evail is the one that decides. If he is competent then he gets to direct his share of the trust no matter what the trust documents call for by way of removing his authority.

1 Reply

Donald Sterling

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