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(Boston Herald)   NBA: Sterling's wife can't keep her share of the team if Donald is ousted. Shelly Sterling: Challenge accepted, biatches   (bostonherald.com) divider line 117
    More: Followup, NBA, challenge accepted, controlling interests, Clippers  
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1583 clicks; posted to Sports » on 12 May 2014 at 12:17 PM (32 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2014-05-12 09:34:08 AM  
Shelly Sterling's attorney, Pierce O'Donnell, responded to the NBA's statement.
"We do not agree with the league's self-serving interpretation of its constitution, its application to Shelly Sterling or its validity under these unique circumstances," O'Donnell said. "We live in a nation of laws. California law and the United States Constitution trump any such interpretation."

totalfratmove.s3.amazonaws.com
O'Donnell is seen here in a file photo.
 
2014-05-12 10:39:40 AM  
Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?
 
2014-05-12 10:51:10 AM  

Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?


Yes but everyone went through all the trouble of saddling their outrage ponies, so...
 
2014-05-12 10:55:31 AM  
What if she gets ownership of the team and fills it with substandard players to drive down attendance so she can move it to Miami?
 
2014-05-12 10:56:57 AM  

Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?


Yes and no...  This particular shiat is about several hundred million dollars and a divorce. Sterling's wife knows she can't keep the team, since the NBA does have power to sell, but she's trying to position herself to get 100% of the proceeds of the sale.
 
2014-05-12 11:00:57 AM  

Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?


Some people have noted that Sterling has been committing racist actions time and time again for 20+ years with no comment, but it's only now that he SAID a racist thing that he's getting in trouble, and that seems kind of horseshiat.
 
2014-05-12 11:10:53 AM  

Theaetetus: Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?

Yes and no...  This particular shiat is about several hundred million dollars and a divorce. Sterling's wife knows she can't keep the team, since the NBA does have power to sell, but she's trying to position herself to get 100% of the proceeds of the sale.


She deserves a hefty payout for putting up with him for so many years.
 
2014-05-12 11:17:10 AM  
JoieD'Zen:
She deserves a hefty payout for putting up with him for so many years.

Yeah. Being married to a multi-millionaire really cut into her plans of becoming a nuclear physicist, I'm sure. Same with his 31 year old girlfriend.

/everyone involved here are assholes
 
2014-05-12 11:26:25 AM  

Mugato: JoieD'Zen:
She deserves a hefty payout for putting up with him for so many years.

Yeah. Being married to a multi-millionaire really cut into her plans of becoming a nuclear physicist, I'm sure. Same with his 31 year old girlfriend.

/everyone involved here are assholes


Agreed.
I'd sell, dump his ass, and get myself a hot cabana boy.
 
2014-05-12 11:38:42 AM  
Well, now he's claiming that he's not a racist and was "baited" into it. Watching these people helplessly say whatever they think will save their own skin after regarding so many other people as substandard is schadenfreude at its finest.
 
2014-05-12 11:51:21 AM  

Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?


It's the scandal of the week. It's gives people something to talk about. Rich old white guy, mistress, wife, basketball team. Everyone is looking to cash in on the story is one way or another. In a few weeks we'll be on to the next story as usual.
 
2014-05-12 11:54:14 AM  

Tellingthem: Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?

It's the scandal of the week. It gives people something to talk about. Rich old white guy, mistress, wife, basketball team. Everyone is looking to cash in on the story in one way or another. In a few weeks we'll be on to the next story as usual.


Bah FTFM
 
2014-05-12 12:20:45 PM  
Millionaires yelling at billionaires. Fark em.
 
2014-05-12 12:23:58 PM  
The NBA has to approve all new owners. This includes new owners that come about via inheritance or divorce.
 
2014-05-12 12:35:01 PM  
thinking she's more right than wrong, regardless of wherever you come out on the propriety of his statements.  Cali is a community property state, so everything he owns, she has half.  as i said in some other Sterling thread, exhibit A for this type of situation is the McCourt (Dodger) divorce; while that ended in a settlement, the broader issue -- and i hope you're sitting down, but this was also under California law -- was, "how much of the franchise did the wife own?"  short version:  she got a cut by virtue of her ownership interest.

a different question is can she be compelled to sell her half because of his dumbassery.  that's where i think the NBA has a battle on its hands.  alternately, curious how / if the NBA constitution is written, where (if) the principal (donald) is granted authority to bind the marital estate.  wonder if she agreed to any such provision as a condition of membership / ownership in the NBA.
 
2014-05-12 12:36:33 PM  

RminusQ: Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?

Some people have noted that Sterling has been committing racist actions time and time again for 20+ years with no comment, but it's only now that he SAID a racist thing that he's getting in trouble, and that seems kind of horseshiat.


Ah yes, "we did the wrong thing in the past, so we must continue to do it forever into the future" argument.

The horseshiat you smell is your own "logic."
 
2014-05-12 12:39:25 PM  
Let me pull out my GED in law here to make a couple of comments:

1) I read a few days ago that under California's community property law; anything the husband owns, the wife owns and vice versa. Therefore, as long as she remains married to Donald Sterling; the NBA wouldn't let her own the team because he would still own the team, too.

2) Even if she does get a divorce, she would still have to be approved as an owner by the other 29 owners. Good luck with that.
 
2014-05-12 12:40:05 PM  

rickythepenguin: thinking she's more right than wrong, regardless of wherever you come out on the propriety of his statements.  Cali is a community property state, so everything he owns, she has half.  as i said in some other Sterling thread, exhibit A for this type of situation is the McCourt (Dodger) divorce; while that ended in a settlement, the broader issue -- and i hope you're sitting down, but this was also under California law -- was, "how much of the franchise did the wife own?"  short version:  she got a cut by virtue of her ownership interest.

a different question is can she be compelled to sell her half because of his dumbassery.  that's where i think the NBA has a battle on its hands.  alternately, curious how / if the NBA constitution is written, where (if) the principal (donald) is granted authority to bind the marital estate.  wonder if she agreed to any such provision as a condition of membership / ownership in the NBA.


She is entitled to the dollar value equal to half the franchise stock value (to be determined by lawyers if needed prior to sale), however she is not necessarily entitled to half the actual ownership stakes, as they are controlled by a private 3rd party entity. Same thing in the McCourt case, which is part of why he had to sell the team in order to get the necessary dollar amount to give to his wife.
 
2014-05-12 12:40:36 PM  

rickythepenguin: thinking she's more right than wrong, regardless of wherever you come out on the propriety of his statements.  Cali is a community property state, so everything he owns, she has half.  as i said in some other Sterling thread, exhibit A for this type of situation is the McCourt (Dodger) divorce; while that ended in a settlement, the broader issue -- and i hope you're sitting down, but this was also under California law -- was, "how much of the franchise did the wife own?"  short version:  she got a cut by virtue of her ownership interest.

a different question is can she be compelled to sell her half because of his dumbassery.  that's where i think the NBA has a battle on its hands.  alternately, curious how / if the NBA constitution is written, where (if) the principal (donald) is granted authority to bind the marital estate.  wonder if she agreed to any such provision as a condition of membership / ownership in the NBA.


New NBA, NFL, MLB, NHL Constitution.
mygaming.co.za
 
2014-05-12 12:41:12 PM  

Lost Thought 00: The NBA has to approve all new owners. This includes new owners that come about via inheritance or divorce.


she already "owns" the team.  but, like i said above, wonder how the NBA bylaws/constitution contemplate what happens in the event of a divorce (how could they not?)

i keep looking to the McCourt matter but i have to remind myslef that, aside from how the NBA and MLB bylaws differ, that the McCourts (or at least Dodger organization, owned by the McCoruts) went bankrupt, which is exclusively federal, not California, law.

i don't know how the NBA's organic docs are worded, but she owns half of whatever he owns of the Clippers, independent of the NBA bylaws, unless as a condition of the bylaws, there is language where she granted him sole authority to bind the marital estate.  don't know.


i hate "its gonna be interesting" as a tagline, it is a meaningless, empty phrase people say when they have nothing to say, but.....it is gonna be interesting.
 
2014-05-12 12:44:16 PM  
In an "irony is a cruel biatch way" but will never, though you just never know, happen, department, it would be awesomely awesome if somehow the Clippers advanced to the NBA finals and a judge issued a final ruling that the team can be sold and the team is sold and the deal is finalized at 12 noon on the day of a Game 7, which the Clippers win to take home their first trophy ever which Donald and his coont Sterling wife never see because Donald tried to get laid with his time-tested "I'm an old racist white-dude" act...
 
2014-05-12 12:44:45 PM  

Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?


Lets see.  Private comments made public without speaker's consent.  Yes.
The clown made racist comments, but they were not intended for public consumption.  If anything the whore who published this crap should be tossed in jail.
What happened to privacy these days?
 
2014-05-12 12:46:59 PM  

Lost Thought 00: She is entitled to the dollar value equal to half the franchise stock value (to be determined by lawyers if needed prior to sale), however she is not necessarily entitled to half the actual ownership stakes, as they are controlled by a private 3rd party entity.



that still supposes she can be pushed into a sale, which is where I would have to see under what authority she agreed to that.  she may well have. like i siad, i wonder if as a condition of acceptance into the NBA, spouses in community property states agreed to that:  "i agree, that if my spouse does something in violation of NBA rules or violates a personal conduct policy, to waive any rights opposing the sale and agree that my majority vote, the other NBA owners can kick my ass to the curve for something my jackass husband did..."
 
2014-05-12 12:47:55 PM  
She's just trying to keep this in court until the guy dies so she gets all of the money from his shares of the stock rather than half of it from a divorce.  SHe's may in fact be worse than him.  He's an old racist POS, but she was willing to get and stay married to an old racist POS just to get the biggest payday.
 
2014-05-12 12:48:09 PM  

Incorrigible Astronaut: Well, now he's claiming that he's not a racist and was "baited" into it. Watching these people helplessly say whatever they think will save their own skin after regarding so many other people as substandard is schadenfreude at its finest.


If somebody convinced him to make those awful statements when he really doesn't feel that way, they are truly a master baiter.
 
2014-05-12 12:48:21 PM  
Rich racist dick vs multi-billion dollar company (NBA) vs Some trophy wife who never worked a day in her life.

Let me check my calendar for giving a fark.
 
2014-05-12 12:49:10 PM  

rickythepenguin: Lost Thought 00: The NBA has to approve all new owners. This includes new owners that come about via inheritance or divorce.

she already "owns" the team.  but, like i said above, wonder how the NBA bylaws/constitution contemplate what happens in the event of a divorce (how could they not?)

i keep looking to the McCourt matter but i have to remind myslef that, aside from how the NBA and MLB bylaws differ, that the McCourts (or at least Dodger organization, owned by the McCoruts) went bankrupt, which is exclusively federal, not California, law.

i don't know how the NBA's organic docs are worded, but she owns half of whatever he owns of the Clippers, independent of the NBA bylaws, unless as a condition of the bylaws, there is language where she granted him sole authority to bind the marital estate.  don't know.


i hate "its gonna be interesting" as a tagline, it is a meaningless, empty phrase people say when they have nothing to say, but.....it is gonna be interesting.


As her stake to the team is tied only through her husband, I'd say she doesn't have a leg to stand on. She will get half of whatever the sale price finally ends up being, and only after she divorces him.

It really is that simple folks.
 
2014-05-12 12:49:52 PM  
Of course, all this could be moot, because the NBA vote can easily say "remove all the Sterlings" or "the sterling ownership group", and then there won't be much to debate about
 
2014-05-12 12:50:28 PM  

rickythepenguin: Lost Thought 00: She is entitled to the dollar value equal to half the franchise stock value (to be determined by lawyers if needed prior to sale), however she is not necessarily entitled to half the actual ownership stakes, as they are controlled by a private 3rd party entity.


that still supposes she can be pushed into a sale, which is where I would have to see under what authority she agreed to that.  she may well have. like i siad, i wonder if as a condition of acceptance into the NBA, spouses in community property states agreed to that:  "i agree, that if my spouse does something in violation of NBA rules or violates a personal conduct policy, to waive any rights opposing the sale and agree that my majority vote, the other NBA owners can kick my ass to the curve for something my jackass husband did..."


The Constitution gives the NBA the right to do it.  The whole point of contracts is you make certain agreements (and can give up certain rights) to can benefits from the other party.  To purchase a team, Sterling gave up the right to refuse a sale of the team if demanded by 3/4th of the owners.  Anything after this is all about holding up the process until he dies.
 
2014-05-12 12:53:02 PM  

mistrmind: Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?

Lets see.  Private comments made public without speaker's consent.  Yes.
The clown made racist comments, but they were not intended for public consumption.  If anything the whore who published this crap should be tossed in jail.
What happened to privacy these days?


Wrong.

He agreed to have the conversations with his gold digging "assistant" recorded. So everything you said is not applicable.
 
2014-05-12 12:53:29 PM  

mistrmind: Lets see.  Private comments made public without speaker's consent.  Yes.
The clown made racist comments, but they were not intended for public consumption.  If anything the whore who published this crap should be tossed in jail.
What happened to privacy these days?



Courts ruled long ago that when you speak to another party you do so at your own risk (that the other party may record or otherwise divulge the content of the conversation to others).
 
2014-05-12 12:53:31 PM  

Incorrigible Astronaut: Well, now he's claiming that he's not a racist and was "baited" into it. Watching these people helplessly say whatever they think will save their own skin after regarding so many other people as substandard is schadenfreude at its finest.


Dementia was floated by the soon to be ex-wife as well.
 
2014-05-12 12:54:10 PM  
This is all we are getting for NBA threads?  After this weekend?

fark.

Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?


Adam Silver is a new commissioner.  He made a good name for himself with the public and the players.  Sterling is a douche and they have been wanting to get rid of him for a while now.  The time was right to strike and Silver struck.  Let the lawyers and courts figure out the legality of it all.  This was about PR and the NBA/Silver, in my mind, won the day. Dont think this wont come up at the next labor meetings.
 
2014-05-12 12:54:39 PM  

Theaetetus: Shelly Sterling's attorney, Pierce O'Donnell, responded to the NBA's statement.
"We do not agree with the league's self-serving interpretation of its constitution, its application to Shelly Sterling or its validity under these unique circumstances," O'Donnell said. "We live in a nation of laws. California law and the United States Constitution trump any such interpretation."
[totalfratmove.s3.amazonaws.com image 480x279]
O'Donnell is seen here in a file photo.


I'm not a lawyer but the NBA Constitution > the US Constitution.  You make an agreement to act or do things in a certain manner within the entity; the moment you step out of line you can be sanctioned.  The moment you step WAY out of line your ass is gone.
 
2014-05-12 12:54:44 PM  
Now I ain't sayin' she's a gold-digger...

but I heard this morning that the divorce papers have been ready for some time, and her lawyers have been telling her that, "it's not the right time yet."  I agree with sign_of_Zeta that she's just hanging on and dragging this out hoping he dies so she can pocket all the cash from the sale instead of just what would be her share in the divorce.
 
2014-05-12 12:56:19 PM  
I wonder if she's going to depose all the owners and their spouses about racism and other crimes in the league?

Nah, she wouldn't do that.

Between her husband and herself, they know every dirty little secret about the league. This is going to be popcorn worthy until the league settles out of court with a permanent gag order.
 
2014-05-12 12:56:29 PM  

Rwa2play: Theaetetus: Shelly Sterling's attorney, Pierce O'Donnell, responded to the NBA's statement.
"We do not agree with the league's self-serving interpretation of its constitution, its application to Shelly Sterling or its validity under these unique circumstances," O'Donnell said. "We live in a nation of laws. California law and the United States Constitution trump any such interpretation."
[totalfratmove.s3.amazonaws.com image 480x279]
O'Donnell is seen here in a file photo.

I'm not a lawyer but the NBA Constitution > the US Constitution.  You make an agreement to act or do things in a certain manner within the entity; the moment you step out of line you can be sanctioned.  The moment you step WAY out of line your ass is gone.


See also HOA agreements (condos, fancy housing developments, etc.) which have been upheld by the SCOTUS to trump First Amendment rights.
 
2014-05-12 12:56:29 PM  

kbronsito: What if she gets ownership of the team and fills it with substandard players to drive down attendance so she can move it to Miami?


What are you saying? Some of these guys are furniture movers?
 
2014-05-12 12:56:51 PM  

Theaetetus: Mugato: Ok, I'm a white male and I don't know anything about the inner workings of sports teams (the NBA has a "Constitution"?) so I probably shouldn't comment but I will anyway. Isn't all this shiat sort of blown out of proportion?

Yes and no...  This particular shiat is about several hundred million dollars and a divorce. Sterling's wife knows she can't keep the team, since the NBA does have power to sell, but she's trying to position herself to get 100% of the proceeds of the sale.


Donald and Shelly Sterling are no different that the con men profiled on shows like "American Greed".  Ivory tower-living airheads who see money as the root of everything, who want to control the narrative and the moment the shiat hits the fan, they hit the bricks with the money and disappear.
 
2014-05-12 12:57:19 PM  

ChrisDe: If somebody convinced him to make those awful statements when he really doesn't feel that way, they are truly a master baiter.


she's a piece of shiat, the leaker.  she's basically just short of asking him to redo takes.   "donald, are you really saying [what he just siad]?  Donald, are you saying _____?  Donald, is that how you really feel?"  i was half expecting her to say, "Donny, baby, we were a little hot on the levels, let's go back to line 12, start on my mark 3....2.....*silent 1, points*...."

sign_of_Zeta: The Constitution gives the NBA the right to do it.


yeah, that's what i figured is in the ownership docs:  "as a condition of entry into organization, the marital estate agrees that we can kick you the fark out if we want...."
 
2014-05-12 12:57:55 PM  
As I understand it, they will indeed fight this until Sterling dies because hundreds of millions of dollars are at stake.  If he sells now, he has a massive capital gains windfall since his basis ("cost") for buying the team was tens of millions of dollars and the team might be worth between $500 million to $1 billion.  If he dies, Shelly gets a half-step in basis which means the new "cost" of the team is half of its current value.  They have every financial incentive to fight this until the day Sterling dies.
 
2014-05-12 01:00:40 PM  

TheShavingofOccam123: I wonder if she's going to depose all the owners and their spouses about racism and other crimes in the league?


yeah, the local guys were playing that angle last week:  "make no mistake, NBA owners are quaking in their boots, knowing that if they are dragged into a deposition and asked, 'have you ever told a racist joke?', 'have you ever said the "n word"', 'have you ever used or heard racial, sexual orientation, or sexist jokes or slurs in your capacity as an owner' and so on...."
 
2014-05-12 01:04:13 PM  

Lost Thought 00: The NBA has to approve all new owners. This includes new owners that come about via inheritance or divorce.


She already owns 50% of the team, but does not have controlling share of the team.  There's f* all the NBA can do about the current situation

They can however attempt to block her estranged husband from giving/selling her 1% more and thus controlling ownership.  Though she will counter sue the sh** out of the league if/when they block that
 
2014-05-12 01:15:45 PM  
fark the Clippers.
 
2014-05-12 01:18:47 PM  

rickythepenguin: TheShavingofOccam123: I wonder if she's going to depose all the owners and their spouses about racism and other crimes in the league?

yeah, the local guys were playing that angle last week:  "make no mistake, NBA owners are quaking in their boots, knowing that if they are dragged into a deposition and asked, 'have you ever told a racist joke?', 'have you ever said the "n word"', 'have you ever used or heard racial, sexual orientation, or sexist jokes or slurs in your capacity as an owner' and so on...."


I'm wondering if there will be questions about owners colluding to affect a player's contract negotiations, to block  a sale of a team and lots of other nasty things rich people do when they get together.
 
2014-05-12 01:19:36 PM  
I'm tired of this saga, so here's Donald Sterling's mistress with a turtle.
assets.nydailynews.com
 
2014-05-12 01:23:24 PM  

TheShavingofOccam123: m wondering if there will be questions about owners colluding to affect a player's contract negotiations, to block a sale of a team and lots of other nasty things rich people do when they get together.



i imagine david stern isn't so eager to get deposed.
 
2014-05-12 01:26:13 PM  

rickythepenguin: TheShavingofOccam123: m wondering if there will be questions about owners colluding to affect a player's contract negotiations, to block a sale of a team and lots of other nasty things rich people do when they get together.


i imagine david stern isn't so eager to get deposed.


As a non-party to the argument, it would be tough to compel him.
 
2014-05-12 01:30:09 PM  

Lost Thought 00: As a non-party to the argument, it would be tough to compel him.



yeah, "everything" occurred under Silver's watch, but if Sterling in fact goes after (that is, "drags down") other owners, he won't limit himself to events that occurred after, whatever, the last Saturday in April 2014 (or whenever the tapes hit the public).

the lcoal guys were also making a big deal out of the apparent fact that Sterling's best friend was Al Davis.  yeah, that one.  "do you think, given the stakes, that STerling wouldn't steal a page from Al's book and litigate every possible claim he has to preserve his ownership?  scorched earth tactics?  as steve jobs said, 'thermonuclear war'?"
 
2014-05-12 01:30:45 PM  
The Thunder and Wiz had massive losses yesterday, especially the Thunder.  The Wiz were playing over their heads and showed how young they are.

I was checking the scores periodically and both finals were shocking.
 
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