Donald Sterling's antitrust suit against NBA adds new wrinkle to saga

[alp227]

Source: LA Times

Minutes before the NBA announced a settlement with Shelly Sterling on Friday afternoon to sell the Clippers, co-owner Donald Sterling provided another twist in the monthlong drama surrounding the franchise.

Sterling filed an antitrust lawsuit against the NBA and Commissioner Adam Silver in U.S. District Court in Los Angeles, seeking more than $1 billion in damages.

The 14-page complaint criticized the league's handling of Sterling's $2.5-million fine, lifetime ban and move to terminate his ownership after his inflammatory remarks about African Americans were made public. In language echoing Sterling's official response to the NBA's contentions, it said the recording that resulted in the allegations against him was made illegally and in violation of his right to privacy.

"The punishment is capricious, arbitrary, unreasonable, and grossly discriminatory compared with similar 'speech' offenses," the complaint said. "Sterling's punishment is far and away the most severe ever imposed by an NBA commissioner for any conduct."

Read more: http://www.latimes.com/sports/clippers/la-sp-clippers-sterling-20140531-story.html

[davidpdx]

1. The asshole should just take his half of the money and disappear

He's a racists.

[Leme]

13. He quite weel seems like it, however

Someone recording a private conversation, and releasing it, and then having him lose ownership, sounds un American to me. It's a privacy issue in my way of thinking.

[andlor]

17. +1000!

[msanthrope]

35. How is it unAmerican for the NBA to enforce a contract? nt

[Leme]

37. Un American for someone to

record a private conversation... and have that used to have an organization remove an equal partner when what was recorded, what was said, was not illegal.
-
I am not saying he was set up... but that could happen also.
-
It was a PRIVATE conversation.... maybe he was goaded into it.
-
He was found " guilty" of something without a trial and "guilty" of something NOT a crime. He is not being fired... they are taking away his company.
-
seems un American.

[SunSeeker]

39. It is not un-American to expect someone to abide by their contract.

He signed what amounted to a morals clause with the NBA in order to buy the team. If they decide he has brought disrepute to the NBA, they can force him to sell, per that contract.

He does not deny he said those words, albeit in "private." His words were made public due to his reckless affair. The idiot shacks up with a women decades younger than him who clearly was only interested in his money. He recklessly talks to this prostitute (you would have to be a prostitute to sleep with this slime bag for money) and when he doesn't pay her for her silence, it leaks (shocking, I know). Then there are the years of similar comments/actions, not the least of which were the years of discriminating against people of color in his rental units in L.A. that stopped only after he was sued and paid big bucks. What the NBA did was long overdue. Sterling should and probably will lose his case, but probably not before his lawyers soak up a ton of his money, and cost the NBA millions in legal fees.

[davidpdx]

42. From what I've heard it sounds like the woman he was involved with is a scam artist

So I can't help but to think he got exactly what he deserved. He gave her a condo and several expensive cards (and I do mean expensive as in I'll never be able to afford them in this lifetime).

I tend to think his case will get thrown out fairly quickly. If there is any issue it would be whether his wife had a legitimate claim to his being incapacitated.

[davidpdx]

41. When you have a contract for a franchise, which is what the LA Clippers are

you have to abide by it. Usually in a contract there is some kind of a morale clause that states if he does something that damages the league he can have his right to be an owner revoked. That is what would have happened had the vote gone through.

What did happen is his wife has control of the team and wisely decided to sell it rather than fight the NBA in court. A lawsuit on the termination of his ownership (had the vote actually taken place) would have cost perhaps tens of millions of dollars, certainly of which he could afford at the drop of a hat. The thing is it didn't take place, instead the issue is whether his wife has the right to sell the team. So his lawsuit against the NBA is meritless and baseless and will get thrown-out and laughed out of court which is exactly what he deserves. The amount of money the family is getting is perhaps twice what the team is worth so no one came away empty unless you count poor Donald not being able to have money to lavish on his mistresses.

[olddad56]

45. guess what, most people his age think like him. He grew up when this country was clearly segregated

I think he is more of a rich, JEALOUS, pathetic, old man that was being played for a fool by a gold digger. The wife tried to stop that situation and he got set up my his mistress. His comments were disrespectful and hurtful to African America people. But he wasn't making any public statements to that effect and his comments were not hateful. He was acting out of jealousy. It was his fault that he got played by the young woman. I think she is as more of a villain than he is. I think most people are like you, they hate him because he is rich. If this had been your 85 year old uncle at a thanksgiving dinner saying these things, you would have just blown him off.

I'm not excusing the guy for his behavior, the NBA will be better off without him. And he just doubled the value of every team in the NBA.

[davidpdx]

47. I don't hate him because he's rich

I hate him because he's an arrogant racist bastard.

As to the effect the sale will have on the sale of any future NBA team, that's a topic for a different thread.

[McCamy Taylor]

2. Can a demented person file a lawsuit?

http://www.usatoday.com/story/sports/nba/clippers/2014/05/30/donald-sterling-mental-health-shelly-los-angeles-sale-steve-ballmer/9754549/

[davidpdx]

4. Good Point

He'd have to prove his mental fitness if he were to testify. The burden would be on him to prove there was damage. Certainly if he's got some problems (other than being a racist asshole) it would hurt his credibility (not that it wasn't dead already).

[freshwest]

10. Shelley definitely has the control here. It's sad and funny at the same time. His lack of respect

and increasingly outrageous behavior is cutting his own throat. He needs to be taken care of by whoever will tolerate him. Shelley isn't going to be caretaking for him, most likely. He believes his money can buy anyone and treat them like dirt. I'm sure Shelley will ensure the money keeps on flowing, as she seems to be responsible.

[Leme]

14. Not so sure

according to the link, unnamed source says, "Donald Sterling did not meet the standard in a determination by experts,". I am not sure if maybe he could file suit against them...and have that decision thrown out.

[JVS]

16. Of course they can.

[broadcaster75201]

26. Yes (said the lawyer)

A Guardian (oh whatever the particular jurisdiction calls it) can file on his/her behalf if they deem it a good faith cause of action.

[AngryAmish]

48. Yes, unless deemed legally incompetent by a court.

[DonCoquixote]

3. Watch the usual suspects defend this

If nothing else, if we need to point to rich arrogance, we have an example. If money were the lone object, this guy would shut up and let Mr. Microsoft throw 2 billion at him so he can move the Clippers to Seattle.

but as John Belushi would say:
BUTTTTTT NOOOOOOOOOO!

Sterling has to try and stretch what should be a moment of shame into 15 minutes.

[dhill926]

30. this….

[Veilex]

31. The Clippers wouldn't be moved to Seattle sadly. Balmer already stated as much.

[DonCoquixote]

40. With all due respect

If you think that man is no capable of stright out BULL, then we will just have to politely disagree. He may not do it outright, but the only way for this investment to work is as a way to buy off/distract/ win the hearts of Seattle. Seattle is disenchanted with their mighty kingdom, so the folks at MS know they better get some bread and circuses, fast!

[Veilex]

44. I never put it past any business executive, past or present , to lie when there's opportunity...

But, that is what he declared to the press. In any case, time will tell.

[olddad56]

46. the Clippers are worth twice as much money in LA than in Seattle.

Seattle will get a team eventually, but it won't be a team that is moving from a media capitol. It will be a team like the Kings who come from a city that can't afford to keep them over the long haul. Just my opinion.

[JonLP24]

49. Clippers are worth way more in LA than Seattle

No chance a move to Seattle will occur. I'd bet everything I own on that wager.

[Spitfire of ATJ]

5. The sense of entitlement is strong in this one.

[SoapBox]

8. YES indeed!

[Cha]

11. No shite.

[tofuandbeer]

6. This was predicted. He is a lawsuit-happy jackass.

I wish, just for once, assholes like this with so much money, would be brought down several pegs and told to shove it.
But that never happens with the über-rich. And so, he'll get much of what he wants and in a few years, will die with a smile.

[SoapBox]

7. He's got money and has had his way for too long.

We in Los Angeles (well, some of us) have known he's a freak for years. But, the Pols ignored it...and the media ignored it...of course the NBA ignored it...all because of his slumlord money.

Finally, all his bullshit caught up to him. WAY over due.

[Cartoonist]

20. You make a good point

...of course the NBA ignored it...
-
The NBA needs to pay a price for this man as well. They are NOT the heroes of tolerance and equality they pretend to be.

[awoke_in_2003]

25. Caught up with him?

He is shedding 1.8 billion tears on the way to the bank. I wish shit like this would catch up with me

[Flying Squirrel]

9. ...

[Exposethefrauds]

12. What can be more exciting than watching billionaire infighting within a private organization.

The sad part is they will get their day in court pretty fast too; an average person will just have to wait for their day in court a little bit longer.

[Leme]

15. i wished people would acknowledge that a little more, this is a private organization

and I am glad he filed an anti-trust suit. These professional teams are in the entertainment business. The athletes are entertainers.

[Exposethefrauds]

28. I am not anti pro sport just anti using tax dollars to pay for it

[Leme]

29. When Curt Flood filed his lawsuit.. I was sort

aware that there were major problems in baseball. Teams moving and such also.. Baseball was and is exempt from anti trust laws. But I was young.
-
The other sports are subject to anti-trust.
-
I saw the NFL adding more nights......
-
In 1980 I think I saw the Yankees get 400 million for a local tv contract for 10 years. Just the interest on 400 million was greater than the salaries of many teams. I decided the fix was in.
-
At that time I also decided football was just too violent. 1980
-
I always thought the Olympics was a scam, still do.
-
I still watch sports a few times a year.

[elias7]

18. If he has dementia, doesn't that change the interpretation of his recording?

For someone to be declared mentally incompetent, he likely is suffering from significant dementia. This raises questions in my mind as to the fairness of his words being used against him to force a fine, force sale of a team, and force ban from NBA. It seems to me you can't have it both ways.

[riderinthestorm]

27. Ive paid very little attention to this and know nothing about the NBA but I agree with you

It does seem as though you can't have it both ways. If he's suffering from dementia then his crazy racist rant has a whole different context.

[JonLP24]

50. He is known for housing discrimination

specifically getting rid and refusing to rent to black tenants so this behavior isn't new or unusual. When I first heard of the story all I heard was Donald Sterling - I said he's an asshole before they even told me anything about the recent controversy.

The problem w/ the NBA is they should have done this a lot sooner - in any case. It isn't good for the league when the team is missing out on millions on of sponsorship deals which cost all teams with its progressive revenue sharing.

[nolabels]

19. Kind of goes to prove, the more unearned money you think you have....

the more arrogant you might get. This fool probably will never recognize he could have a good life just relaxing in equanimity

[Festivito]

21. I hope they counter sue for two billion dollars and win.

That should help him out with the taxes, he hasn't paid yet. And he might not have ever pay those taxes were it not for the estate tax. Or call it a death tax for all the policing, courts, and defense of country protection he received. Things that let him grow his investment against being stolen by enemies foreign or domestic.

It's the kind of property he never should have owned. Now it's time we take it all back.

[TRoN33]

22. Sterling just sold team for record $2bil and now he want another $1bil from NBA?!?

greed greed greed have no boundary

[gussmith]

32. Check your PC

Maybe its not about the money; maybe powerful owner agreements and corporate interests conflict with personal freedom in some minds.

[gussmith]

23. So Much Outrage Against the NRA

NOT.

[Renew Deal]

24. Just because it's severe doesn't make it wrong.

[Ash_F]

33. He just can't let go of the old country

A lot of people his age can't let go.

[charlives]

34. Did he know he couldn't make racial comments when he bought the team?

Are there stipulations about personal conduct in the purchase agreement/contract with the NBA?

The larger picture smells wrong to me. The NBA seems like a monopoly to me. The NFL and MLB have tax and anti-trust exemptions....NBA a legal monopoly too?

Don't get me wrong, this guy would have to clean himself up to be pond scum but pro sports are full of these types. Stop supporting these things and they'd go away.

[supercats]

36. You Don't Think ALL White Owners/CEO'S Are Racist???

I do. He just got caught and outed in a strange way. I don't think he should loose his team over this. It's "The Pot Calling The Kettle Black" no pun intended. Billionaires fighting billionaires. They just don't like him and they want him out, not because of what he said/did.

[alp227]

38. So why exactly do you think "ALL White Owners/CEO'S Are Racist"?

Would you say the same about CEO's of any other race?

[tclambert]

43. Antitrust suit? I thought Ronald Reagan outlawed those.