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nsive signals and changes.We want
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2015/08/08 06:39AM
Latest post: 2015/08/08 06:39AM, Views: 677, Posts: 1
Latest post: 2015/08/08 06:39AM, Views: 677, Posts: 1
wff0605
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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. Redskins Jersey . -- The Jacksonville Jaguars are committed to keeping place-kicker Josh Scobee. Matt Jones Redskins Jersey . Here is Thursdays 10: 1. Rangers RHP Colby Lewis struck out eight in eight shutout innings against the Rays on Wednesday. ht... . -- Japans Ryo Ishikawa nearly shot his age at the PGA Championship -- and that wasnt a good thing for the 19-year-old sensation. [url=http://www.jerseysredskinsshop.com/Womens-Preston-Smith-Authentic-Jersey/]P... Smith Jersey . Bourn had the operation in Dallas on Tuesday. The Indians said Bourn will need six weeks to recover at his home in Houston before he can begin his normal off-season program. Matt Jones Womens Jersey . Muller will next face 2005 champion Ivan Ljubicic, who beat Dutch qualifier Igor Sijsling 6-4, 6-3. Jo-Wilfried Tsonga also advanced to the last four by rallying past Nicolas Mahut 4-6, 6-3, 7-5 in an all-French encounter to next play third-seeded Alexandr Dolgopolov of Ukraine, who was leading 6-3, 1-0 when Xavier Malisse of Belgium retired.LAKE FOREST, Ill. - With his team coming off a bye, Chicago Bears coach Marc Trestman continues to look for answers to his teams struggles.Trestman on Monday said hes seen little evidence of any locker room tension within the team as practices began for Sunday nights game in Green Bay.The support in this building has been outstanding, Trestman said. Thats all I can say. Everybody upstairs has been extremely supportive of the way were handling things.Our team has been unbelievably compliant in doing everything that we, as coaches, and myself have asked them to do. Thats evident on the field. Its evident in the locker room.Trestman said he sees no drop in effort during practices or meetings.What we havent seen is the production on Sundays, he said.Bears coaches spent a week self-scouting to pinpoint flaws after giving players off Tuesday through Sunday during the bye.I think that it came down to a number of things, Trestman said. It comes down to play selection. It comes down mental errors. It comes down to penalties. It comes down to those things that really are the result of things that you can control.Thats what we have to assess in our assessment — what are the things that we can control to be more consistent. Theres a litany of things. I gave you just a few that every team has to do well for them to start faster.In last place in the NFC North and three games behind the Detroit Lions, the Bears have played only one division game and lost 38-17 to Green Bay.Everything that we want is still ahead of us, safety Ryan Mundy said. Coach Trestman pointed out two examples of teams who were at similar starts as us.In 2012, the Redskins, I believe started out 3-6 and won their division. And then last year, the Eagles started out 3-5 and ended up winning their division. We have a lot of football left and every game is a critical game for us right now. Theyre all NFC opponents and theyre all division games, so theyre all must wins for us.The Bears also have five of their final seveen games at home, although that hasnt been a positive this season as theyre 0-3 in Soldier Field.ddddddddddddGetting players back healthy could benefit them.Linebacker Lance Briggs is expected back from a rib injury after missing three straight starts. Safety Chris Conte had a week off after suffering through shoulder sprains and concussions in the first half. And rookie cornerback Kyle Fuller had a week off to rest three injuries, including a broken hand.The offence will go into the workweek trying to decide on a replacement for injured left guard Matt Slauson, who went on injured reserve. Michael Ola appears to be the candidate of choice at this point. Theyve also considered moving right tackle Jared Mills to left guard, but Ola played the last game at left guard after Slausons season-ending pectoral injury.The defence sees a need to become more physical, with Briggs and the entire linebacker group expected back after the top four linebackers were out at one point in the first half.Weve got to outhit our opponents and weve got to do that for however long that game goes, Young said.Trestman called Briggs a key to the defence recovering after giving up 51 points to New England in the previous game. Briggs normally calls defensive signals and changes.We want him to bring his best, Trestman said. Having him out there being the vocal, the leader part of it is certainly a huge part of it, getting people lined up, and then just playing as hard and as fast as hes capable of playing, as he did when we started the season.NOTES: Defensive end David Bass was promoted from the practice squad to the 53-man roster to replace defensive end Lamarr Houston, who went on injured reserve due to a ruptured anterior cruciate knee ligament suffered in a post-sack celebration. Bass has 20 1/2 tackles, a sack and 2 1/2 tackles for loss in his two-year NFL career. ... T Jason Weaver was signed to the practice squad.___AP NFL website: www.pro32.ap.org and http://twitter.com/AP_NFL cheap nfl jerseys wholesale jerseys cheap jerseys cheap jerseys wholesale jerseys ' ' '
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