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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. Paul Martin Jersey . Viewers in the Canadiens region can watch the game on TSN Habs at 7:30pm et/8:30pm at. Larry Murphy Penguins Jersey .B. -- Canadas Rachel Homan opened the Ford Womens World Curling Championship with a 7-5 win over Russia on Saturday. http://www.penguinsauthenticofficial.com...son-jersey/.com) - Eric Fehrs goal 42 seconds into overtime lifted the Washington Capitals to a 5-4 come-from-behind victory over Columbus, halting the Blue Jackets seven-game win streak. Brian Dumoulin Penguins Jersey . When the Dallas Mavericks needed to stop a Golden State rally in the fourth quarter, they looked for defensive help from the rookie point guard playing in just his sixth game. Chad Ruhwedel Jersey . On Wednesday, Tottenham manager Andre Villas-Boas hit back. In a passionate defence of himself and the London clubs medical staff, the Portuguese coach rebuked the "incompetent people" who have attacked Tottenham for allowing Lloris to continue playing after being briefly knocked unconscious against Everton on Sunday.There was nothing second-rate about their performance, but second place is where Tessa Virtue and Scott Moir find themselves following their short program in the ice dance event on Sunday. Following a pattern that has become all too familiar for the defending Olympic champions, the American team of Meryl Davis and Charlie White bested Virtue and Moir by a margin of 2.56 points at the Iceberg Skating Palace in Sochi to take top spot. Elena Ilinykh and Nikita Katsalapov fed off the pro-Russian crowd and tallied a 73.04, putting them in bronze-medal position heading into Mondays free dance (10:00 a.m. ET, streaming live at cbc.ca/olympics). Virtue and Moir, skating to Ella Fitzgeralds Dream a Little Dream of Me, put their slip-up in the team event far in the rear view mirror with a seemingly flawless performance, carving perfect turns, nailing their rotational lifts and staying in sync during their twizzle sequences. As the music ended and they struck their final pose, Moir let out a triumphant "Yes!", knowing that the skate represented one of their best performances of the season. Their joy was short-lived though, as their score of 76.33 came in below their season best score of 77.59 at the Grand Prix Finals in December, leaving the door wide open for the reigning world champions Davis and White, who set a new short dance world record with a score of 78.89. Canadas other medal hopefuls, Kaitlyn Weaver and Andrew Poje, skated a strong routine that earned them a 65.93, good for seventh place. The third Canadian entry, featuring Toronto-born Alexandra Paul and Barries Mitchell Islam, skated a light, airy and up-tempo routine, marred only by a small bobble on the opening twizzle by Paul. The 2010 world junior silver medallists finished with a score of 55.91, putting them in 18th place. Virtue and Moir have some work to do to catch the leaders, but they were still happy with how the day unfolded. "It was a really fun performance," the 24-year-old Virtue told CBC Sports. "Obviously, you are here to defend your title. You also want to have fun. You still love what you do." Moir, 26, said that it was this type of performance that has kept them going for the last four years. "Its definitely the reason we keep going. To be on this stage representing Canada, its a huge thing forr Tessa and I to be part of a fantastic Olympic Canadian team.dddddddddddd" Moir added that they still get plenty of enjoyment out of competitions like these. "We love what we do. We love skating together. We have a lot of special moments, and that was one of them." Sundays short dance marked the third head-to-head battle between the Canadians and Americans at these Olympics. Davis and White beat Virtue and Moir by three points in the short dance portion of the team event early in the Games, and repeated the feat in the free dance portion with a seven-point victory. The two rivals bring contrasting styles to the sport. Virtue and Moir boast an elegant and flowing style, and a sense of unison that no other team can match, thanks to nearly 17 years as an on-ice tandem. Davis and White, on the other hand, typically display a faster and bolder technique than the Canadian duo, albeit one with arguably less precision. Virtue and Moir have laid claim to an Olympic gold medal in Vancouver, two world titles and six Canadian championships during their careers, but theyve consistently come up short against the American pair over the past two seasons, including at the 2013 world championship in Virtues hometown of London, Ont. What makes the rivalry even more peculiar, if not slightly peculiar, is the fact they share not only the same training facility in Canton, Mich., but also the same coach and choreographer, Russian-born Marina Zoueva. Zoueva has coached Davis and White for the past 14 years, and has been working with Virtue and Moir for 10 years. While they arent close friends with the Americans off the ice, Virtue and Moir have often said that they have a good relationship with them and that both sides enjoy the friendly rivalry. Another storyline that has surrounded the athletes since the team event, an alleged judging scandal, has fortunately faded into the background. During the opening weekend, the French sports publication LEquipe had reported that the American and Russian judges were conspiring against Canada in order to assure a gold medal for Russia in the team competition and gold for the U.S., in ice dancing. Despite being at the centre of the controversy, Virtue and Moir insist that the rumours havent affected their focus on or off the ice. ' ' '
|a sense of unison that no other team||jinshuiqian0713||07.09.2019|