Spieleecke » acitated at the time he made the comments

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. Doug Williams Jersey .com) - Joique Bells touchdown run in the fourth quarter gave the Detroit Lions a 20-14 victory over the Chicago Bears on Sunday. Joe Theismann Jersey . 8 Sergio Parisse for its penultimate Six Nations match against Ireland at Lansdowne Road. http://www.theredskinsshoponline.com/You...edskins-Jersey/. Matt Carkner got back into the Ottawa lineup, and made his presence felt right away by settling his clubs score in a one-sided fight with Rangers forward Brian Boyle. Charley Taylor Jersey . The 27-year-old forward has informed the Leafs that he will be unable to play in Monday nights home game against the Columbus Blue Jackets. Art Monk Jersey . The Toronto Argonauts (11-7) look for an opportunity to repeat as CFL champions when they host the surging Hamilton Tiger-Cats (10-8) on Sunday.TORONTO -- Jo-Wilfried Tsonga of France reached the semifinals at the Rogers Cup on Friday with a 7-6 (5), 4-6, 6-4 victory over Britains Andy Murray while Canadian Daniel Nestor and Nenad Zimonjic of Serbia advanced in mens doubles play. Tsonga, the No. 13 seed, picked up a break to go ahead 4-3 in the third set en route to his second straight upset win. The eighth-seeded Murray had won nine of 10 previous meetings against Tsonga, who reached the quarter-finals with a convincing victory over top-seeded Novak Djokovic. "This week is kind of rewards for me," Tsonga said. "To play like this, to beat two guys in the top 10. Its good and I hope it will continue." Tsonga will make his seventh career appearance in an ATP World Tour Masters 1000 semifinal on Saturday. He will play seventh-seeded Grigor Dimitrov of Bulgaria, who defeated South Africas Kevin Anderson 5-7, 7-5, 7-6 (6). Sixth-seeded Milos Raonic of Thornhill, Ont., was scheduled to play on Friday night against Spains Feliciano Lopez while No. 2 Roger Federer of Switzerland was to meet No. 5 David Ferrer of Spain. Tsonga, who had an 18-7 edge in aces over Murray, needed two hours 18 minutes to complete the victory on a warm, sunny afternoon at Rexall Centre. The Frenchman won 83 per cent of points when his first serve was in. "I was able to serve maybe 220 (km/h) all match and for me its something great when Im serving like this," he said. "Im able to play good tennis." Murray said it was a much faster-paced match than his tournamennt opener against Nick Kyrgios.ddddddddddddThe two-time Rogers Cup champ had reached the quarter-finals on a walkover when Richard Gasquet withdrew due to an abdominal injury. "Jo is a top player, hes a fantastic athlete," Murray said. "When his game is on, hes very tough to beat." In mens doubles quarter-final play, the third-seeded duo of Nestor, from Toronto, and Zimonjic needed a match tiebreak to defeat No. 5 Julien Benneteau and Edouard Roger-Vasselin of France 2-6, 6-3, 14-12. In other early matches, No. 4 Ivan Dodig of Croatia and Marcelo Melo of Brazil beat the seventh-seeded Spanish team of Marcel Granollers and Marc Lopez 4-6, 6-4, 10-8. The second-seeded duo of Alexander Peya of Austria and Bruno Soares of Brazil defeated Jean-Julien Rojer of the Netherlands and Romanias Horia Tecau 7-6 (4), 6-4. Federer was the highest-seeded player left in the singles draw after three of the top four seeds were eliminated Thursday. He has won all 14 of his previous meetings against Ferrer. Raonic, meanwhile, is coming off a tournament victory last weekend in Washington. He has a 2-1 edge on Lopez in their head-to-head battles. The 23-year-old Canadian has six career wins on the ATP Tour but is still looking for his first Masters 1000 title. He was pushed to three sets in his first two matches this week at the US$3.78-million tournament. Raonic reached the final at last years Rogers Cup in Montreal before losing to Rafael Nadal. The Spaniard is not back to defend his title due to a wrist injury. 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