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NBA intervenes in Schultz suit - Really?

11:54 AM Wed, Jul 09, 2008 |

In homage to Seth Meyers and Amy Poehler of Saturday Night Live's Weekend Update - Click here to see what I'm referring to - I have some thoughts about the NBA's decision to intervene in the Howard Schultz lawsuit to rescind the 2006 sale of the Sonics to Clay Bennett.
Really!?!
The NBA says it's intervening because the lawsuit is precisely the kind of interference with club management the league tries to avoid.
Really!?!
That's an interesting stance considering the league has a commissioner that has sided with Bennett time and again that a renovated KeyArena would not meet NBA standards, Yet, the day the settlement was reached, that same commissioner said KeyArena could be upgraded to be an NBA facility.
The NBA claims Schultz's lawsuit circumvents the NBA's constitution and puts the franchise's stability in question.
Really!?!
Frachise stability? Let's see. The league just approved the Sonics moving after 41 years from the 14th TV market in the nation to a much smaller market. In the last 15 years, we've seen an NBA expansion franchise move from Vancouver, B.C. to Memphis and could move again soon, possibly here to Seattle as a replacement team. We've seen the Charlotte Hornets move to New Orleans, and there's already talk of them moving again. There's also some rumblings that the new team in Charlotte may not stay there forever. And don't forget the fact that before the Hornets, New Orleans had the Jazz. Then there's Kansas City, who lost the Kings and built a new arena in hopes of luring another team. That city is still waiting.
You have to wonder if what the league says is actually the true motivation for this intervention. Could it be partly due to predictions by some legal analysts, including one for ESPN, that the Schultz case has merit and actually stands better than a 50-50 chance of winning?
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4 Comments

Phil said:

The NBA should be ashamed of the positions it has taken through its Rumpelstiltskin-like godfather, David Stern. It is tragic that a local attorney who is a generally regarded as a decent guy has become involved with the likes of Mr. Stern and the thugs who masquerade as managers of a professional sports league. Regardless of what the league constitution says in the eyes of "Don" Stern, the league approved the sale of the Sonics under the specific terms of the contract for the sale to Bennett's group. The league is stuck with the contract it allowed to govern the sale, and if that contract isn't enforceable because the league made an error when it approved the terms of the sale, the solution is to unwind the transaction and put people back into the position they occupied before the sale. That is exactly the remedy that the lawsuit sought as a remedy for fraud. Moreover, "Don" Stern has demonstrated his bias, his dishonesty, and his unfitness to serve as a neutral party who would oversee the team. If a franchise filed for bankruptcy, would the federal court be deprived of all power to oversee the club's reorganization because the league's constitution said Mr. Stern would assume control? A federal court's equity powers are similar and the court can craft a remedy to redress the fraud Bennett's group committed, even if the object of Mr. Bennett's peculiar admiration, Mr. Stern, doesn't like it. I am glad the NBA has moved to intervene, as now the godfather can't avoid a deposition, and perhaps some of his deceit can be brought out into the open. Even if the NBA and the Oklahoma group win the suit, they have already lost because they have been shown to be thugs and scoundrels. The NBA has been forever diminished as an American institution. But as dirty as Mr. Stern is, he does the bidding of a group of owners who ratify his actions and keep him in power, It is time to look at who these people are, and direct the indignation we have for Mr. Stern's duplicity toward these owners and their financial interests.

William Beatty said:

Intervene?

They just wanna intervene because they stand a good chance of losing. How does the constitution of a crooked institution mean legality? It was this constitution that led to lies and theft.
Mr. Schultz, DON"T succumb. Go through with it. You will win.

Josh said:

Its sad to see how somebody can just come to a town and in two years pick up and take one of its treasures. Yeah the team had the worst record but its ours. i hope that shultz wins the suit and they stay here and i hope if that happens then win or lose people come out in record numbers in support.

Jon Juan said:

Just like I said in the beginning of this whole deal the City should have sued Clay Bennet and the NBA for Antitrust. Their would still be a losing team in Seattle and the Team and the NBA would be footing the bills not the tax payers.


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