Let the lengthy and messy legal battle begin. Sigh.
Banned Los Angeles Clippers owner Donald Sterling has refused the league's sanctions against him and hired a high-powered antitrust lawyer in preparation for a lawsuit to be filed against the NBA, according to a report from Sports Illustrated legal expert Michael McCann.
Sterling's first step in his long-assumed fight against the NBA was to hire Maxwell Blecher, a prominent antitrust litigator who has been successful in antitrust litigation against the NGL in the past, who has already crafted a letter to NBA executive vice president and general counsel Rick Buchanan.
In the letter, Blecher threatens to sue the league, alleging that Sterling has done nothing wrong and that "no punishment is warranted." Blecher's letter also indicates that Sterling will not pay the $2.5 million fine levied against him by the league.
From the report:
Blecher's letter makes clear what many have anticipated: Donald Sterling will not go down without a fight and that he is taking active steps towards litigation. A letter of this type is considered a precursor to the filing of a lawsuit. Blecher's letter offers no ambiguity about Sterling's intentions.
"We reject your demand for payment," the letter tells Buchanan, who on May 14 informed Sterling by letter that he must pay the $2.5 million fine.
McCann also provides detail on two of Sterling's potential defenses, though details are sparse:
First, Blecher claims that Sterling has not violated any article of the NBA constitution. The letter curiously references Article 35, which governs players' misconduct, and several other provisions.
...
Second, Blecher argues that Sterling's "due process rights" have been violated by the NBA. A due process claim may sound superficially reasonable. After all, Sterling was banned permanently from the NBA after a mere four-day investigation, without any formal proceedings.
The report outlines that the NBA has a likely counter to each claim, citing that Sterling took a position "adverse to the NBA" for the former and that the NBA doesn't operate under Constitutional safeguards in the latter, so he is now owed due process rights.
What's more, claiming that Sterling has done nothing wrong is confusing since he's admitted making the remarks and that they constituted a mistake in recent interviews.
As expected this entire time, the legal response to the NBA's sanctions is coming quickly and firmly. From here, the process could be a long one.
Banned Los Angeles Clippers owner Donald Sterling has refused the league's sanctions against him and hired a high-powered antitrust lawyer in preparation for a lawsuit to be filed against the NBA, according to a report from Sports Illustrated legal expert Michael McCann.
Sterling's first step in his long-assumed fight against the NBA was to hire Maxwell Blecher, a prominent antitrust litigator who has been successful in antitrust litigation against the NGL in the past, who has already crafted a letter to NBA executive vice president and general counsel Rick Buchanan.
In the letter, Blecher threatens to sue the league, alleging that Sterling has done nothing wrong and that "no punishment is warranted." Blecher's letter also indicates that Sterling will not pay the $2.5 million fine levied against him by the league.
From the report:
Blecher's letter makes clear what many have anticipated: Donald Sterling will not go down without a fight and that he is taking active steps towards litigation. A letter of this type is considered a precursor to the filing of a lawsuit. Blecher's letter offers no ambiguity about Sterling's intentions.
"We reject your demand for payment," the letter tells Buchanan, who on May 14 informed Sterling by letter that he must pay the $2.5 million fine.
McCann also provides detail on two of Sterling's potential defenses, though details are sparse:
First, Blecher claims that Sterling has not violated any article of the NBA constitution. The letter curiously references Article 35, which governs players' misconduct, and several other provisions.
...
Second, Blecher argues that Sterling's "due process rights" have been violated by the NBA. A due process claim may sound superficially reasonable. After all, Sterling was banned permanently from the NBA after a mere four-day investigation, without any formal proceedings.
The report outlines that the NBA has a likely counter to each claim, citing that Sterling took a position "adverse to the NBA" for the former and that the NBA doesn't operate under Constitutional safeguards in the latter, so he is now owed due process rights.
What's more, claiming that Sterling has done nothing wrong is confusing since he's admitted making the remarks and that they constituted a mistake in recent interviews.
As expected this entire time, the legal response to the NBA's sanctions is coming quickly and firmly. From here, the process could be a long one.
