Reports from sports attorneys close to NBA show that the NBA has no leg to stand on

Well, this article is somewhat similar to the one I wrote yesterday about Ukraine. I noted that I am not a fan of Putin, there are abuses in Russia, but truth be told, we started the whole mess in Ukraine, not Putin and our actions create conflicts and unrest all over the world.

Similarly, I do not support Sterling’s statements to his alleged mistress, but actions by the NBA were abusive and in itself violated contractual obligations and the covenant of good faith and fair dealing by Commissioner Adam Silver and the NBA. Further, NBA still did not respond as to what will be the penalty against Shaquille O’Neil and Trey Burke for bullying of the disabled and against ONeil for bullying of Asians.

Recent report by Michael McCann, sports attorneys close to the NBA, revealed that NBA acknowledged that it cannot proceed under article 13(a) of the contract in forced sale of Clippers as it requires a willful conduct and a private conversation does not represent a willful conduct.

So, NBA decided to proceed under article 13d of the contract that allows for a forced sale when a party fails of refuses to fulfil an obligation. In my opinion they do not have  a leg to stand on in relation to alleged breach of this provision of the contract.

13(d) “fail or refuse to fulfill….contractual obligations to the Association, its Members, Players, or any other third party in such a way as to affect the Association or its Members adversely.” Here NBA has a serious problem, they have nothing to show for. Any judge would ask NBA:

a. show me a specific obligation 

b. how did Sterling fail or refuse to fulfill it.

There is no such obligation. In a contract resolution one has to show a specific obligation to perform under the contract. If the owner would be betting on games or not paying salaries to players, there would be a breach. Saying something stupid to a girlfriend in a private conversation is not a breach of a contractual obligation. Further, this would expose all owners and players to a capricious retaliation based on some statements made privately. It can also spill to other areas of  life and contracts. As I said, we saw recent purges of the top officers of the US military under similar flimsy justifications. We are seeing a tyranny. Now this tyranny is spreading from the actions by the government to actions by administrators like Commissioner Adam Silver. This concerns me.