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Dogcat250 Offline


Beiträge: 1.057

16.09.2019 08:57
Well Bowl #TooSoon?. In a ruling that was more shockin Antworten

Well that was a rout. Kinda like the Seahawks against the Broncos in the Super Bowl #TooSoon?. In a ruling that was more shocking than the most dramatic Bachelor finale ever, Los Angeles County Superior Court Judge Michael Levanas not only ruled that Rochelle Shelley Sterling could lawfully sell the Los Angeles Clippers, but that any appeal by Donald Sterling would not block the sale of the team. If the NBA was looking for an ideal outcome, this was it. Impeccable legal execution by the lawyers. The team may now be sold to Steve Ballmer for $2 billion and Donald Sterling will likely be out as owner of the team by mid-August. What was yesterdays ruling about? Remember that Donald Sterling doesnt own the L.A. Clippers in his own personal capacity. The team is actually owned by the Sterling family trust. Inside that trust bucket is Donald and Rochelle Rochelle (Shelleys legal name is Rochelle according to the court documents). When the trust was created, though, Donald was given the decision making power. So if the team were ever to be sold, Donald would need to sign off on it. However, Rochelle could seize control of the trust if she could have Donald declared mentally incompetent by two doctors. And thats precisely what she did at the end of May when neurologist Dr. Meril Platzer and psychiatrist Dr. James Edward Spar found Donald to be mentally incompetent on the basis that he was reportedly suffering from Alzheimers disease. Donald has disputed this finding. In any event, once Donald was declared mentally incompetent, Rochelle grabbed control of the family trust and agreed to sell the team to Ballmer. So the trial in California probate court focused on this key issue: did Rochelle have the legal authority to sell the team? Judge Levanas ruled she did. The Judge then went one step further with a very surprising ruling. The Judge invoked Section 1310(b) of the California Probate Code, which effectively bars Donald from blocking the sale of the team even if he is appealing the Courts decision. Typically when a losing party appeals a decision, the lower court decision is suspended (or stayed). However, in this case it wont be. So while Sterlings right to appeal the decision is preserved, the appeal itself wont block the sale of the team. To see Section 1310(b) relied on by the Court was indeed unanticipated since its rarely used. Courts will rely on it only in extraordinary circumstances clearly requiring direction of the Court for sole purpose of preventing imminent injury or loss to person or property. For example, you may see this type of order where the sale price of property could be adversely impacted by delays while someone with medical needs waits on those proceeds to pay for treatment. This was not such a case. However, Rochelle was able to convince the Court that nobody else would pay close to the $2 billion that Ballmer is offering to pay, and if Donald was able to block the sale, a lot of money could be lost if Ballmer elected to walk away. While this is likely not the type of transaction generally contemplated by those who drafted Section 1310(b), the Court agreed that the sale needed to be preserved, thereby paving the way for the sale of the team. Donald does have a couple of lawsuits pending against the NBA, Commissioner Adam Silver and Rochelle in different courts. However, even if he is successful in these lawsuits, he will only get a monetary award. He likely wont be getting his team back. Donald could try and get an injunction blocking the sale of the team. He would need to show that he has a substantial likelihood of success on the merits of the case. Based upon the findings of the Court yesterday and the strong arguments the NBA has in favor of removing Sterling, securing an injunction doesnt seem likely. The NBA Constitution provides that punishments may be imposed on an owner who does anything that "adversely" impacts the league. While Donald engaged in a lawful conversation in provate, the NBA would argue that the impact of the conversation adversely impacted the league, with sponsors backing out, players considering boycotting games and fans not buying tickets. Indeed, it looks like the Clippers are taking their talents to Steve Ballmer. Gary Harris Nuggets Jersey . “The shootout, theres nothing wrong with it, I think its an exciting part of the game but its just one small aspect,” said Chicago Blackhawks GM Stan Bowman. “Its a skill exhibition. If you can get it back closer to regular hockey and have it decided that way; that would be my preference.” “I dont think its a knock on the shootout, I think more of the managers would like to see it end in overtime,” added Washington Capitals GM George McPhee. Alex English Jersey .com) - Mike Miller scored a season-high 21 points in a rare start and the Cleveland Cavaliers bounced back from their worst loss of the season with a 95-91 win over the Brooklyn Nets. .com) - The Anaheim Ducks and Los Angeles Kings are ready to put all the talk and hype surrounding their meeting at Dodger Stadium behind them. Michael Porter Nuggets Jersey . - Even with a new coach, the Denver Nuggets still love to push the basketball. Jamal Murray Nuggets Jersey .The other side of the Bruins special teams unit delivered in the end.Gregory Campbell netted the game-winner with less than 10 minutes remaining and the Bruins fended off a late four-minute San Jose power play to earn a wild 5-3 win over the Sharks. SONOMA, Calif. -- Jamie McMurray took the time to help rookie teammate Kyle Larson learn the road course at Sonoma Raceway. The payoff for working together was two Chip Ganassi Racing cars in the top three of the starting field of Sundays race. McMurray won the pole for Sundays race with a track record lap that bumped AJ Allmendinger from the top starting spot, and Larson qualified a surprising third. Allmendinger seemed to have the pole locked down until McMurray turned a lap at 96.350 mph in the final minute of Saturdays qualifying session. It broke the record of 95.262 mph set by Marcos Ambrose in 2012. "Great lap, I am so excited," McMurray said. "I thought our car in race trim was really good, really good on the long runs. Were not going to change a whole lot, I feel really good about it." Its the first pole of the season for McMurray, 10th of his career, and third at Sonoma. McMurray also started from the pole last year but finished 25th. He called the qualifying session stressful under NASCARs new knockout format. McMurray was on the verge of being eliminated in the first of the two rounds, but he went out for one last lap to advance into the top 12. Then he bumped Allmendinger as the clock wound down on the final 10-minute session. "I think everybody in the garage area has been stressed out about trying to get that clean lap in qualifying all weekend long," McMurray said. "This knockout qualifying is just an emotional roller-coaster. Theres a lot of highs and lows with it." Allmendinger wound up second in a race he believes he can win. He was out of the Sprint Cup Series a year ago because of a failed random NASCAR drug test in 2012, so while the series was racing at Sonoma, Allmendinger was in the Nationwide Series race at Road America. He delivered in the Wisconsin race for his first career victory and found his way back into a full-time ride in Cup. He wasnt disappointed after McMurray bumped him from the pole, but it eyeing another win. "We were in position to have (the pole), so it could be a lot worse," Allmendinger said. "It sucks when you are that close, but you know whatt? Jamie put in a heck of a lap.dddddddddddd Weve got a clean view of the track when we go green and were going to have some fun tomorrow. Weve got a pretty good shot to win this thing." In a surprise, McMurrays rookie teammate Kyle Larson was third to give Chip Ganassi Racing two cars in the top three. Larson doesnt have a ton of road course experience, and the rookie is admittedly still learning how to shift. Larson, who replaced road course specialist Juan Pablo Montoya in the Ganassi entry, seemed surprised by his run. "It would be interesting to see what Juan could have done today in my car because I dont feel Im that good on road courses," Larson said. "Ive never raced here before. I really rely on McMurray -- I sat in the lounge with him for 15 or 20 minutes and he just went through every corner with me and tried to give me as much information as I needed. Carl Edwards was fourth and followed by Kurt Busch, Kevin Harvick and Ryan Newman. The rest of the top 12 included Brian Vickers, Paul Menard, Joey Logano, Danica Patrick and Casey Mears. Patrick has now advanced into the final round of qualifying five times this season. "We would have liked it to be better, but well take it," Patrick said. Hendrick Motorsports goes into Sundays race looking to extend its five-race winning streak, but its drivers will have to come from deep in the field to make it six straight. Jeff Gordon, the all-time winner at Sonoma with five victories, was the highest-qualifying Hendrick driver at 15th. "We pride ourselves on being good on the road courses, especially here at Sonoma," Gordon said. "Obviously we will talk to our teammates, and see what they were dealing with as well. Very disappointed to not have any Hendrick cars in the top-12." Jimmie Johnson, winner of three of the last four races, qualified 22nd. Its his lowest starting spot at Sonoma since 2007. Failing to advance in the final group of 12 in qualifying were road course favourites Tony Stewart, the only Stewart-Haas Racing driver not to make it into the final group, as well as Ambrose and defending race winner Martin Truex Jr. ' ' '

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