Sports Illustrated legal expert predicts Donald Sterling will file for temporary injunction

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Donald Sterling, despite his confusingly contradictory legal strategies, faces a vote by NBA owners June 3 on whether or not to remove his ownership.

Sports Illustrated legal expert Michael McCann, appearing on the Dan Patrick Show, explains how he would proceed if he were representing Sterling:

I would seek an injunction prior to June 3rd. I think that’s something to watch out for, that before June 3rd – next Tuesday – it wouldn’t surprise me if Donald Sterling seeks an injunction from a judge that, temporarily at least, stops the NBA from ousting him.

And he would probably seek it in a California court, because his answer cites California privacy law as a leading rationale for the NBA being unable to use a recording that was unlawfully taken and then using it against him.

So, I think that is one step. If his lawyers don’t seek an injunction prior to June 3rd, watch for them to seek it immediately after the vote, preventing the NBA from carrying out the order.

Now, he may not get an injunction. An injunction is considered an extraordinary form of relief.

But that’s one step. If that fails, file a lawsuit.

So what standard must Sterling meet to have a temporary injunction granted? Saint Louis University School of Law:

“traditional” test for determining whether to grant a provisional injunction: 1) likelihood of success on the merits; 2) irreparable harm (which encompasses proof of the inadequacy of the legal remedy as well as proof that the plaintiff urgently needs pre-trial injunctive relief); 3) whether the balance of hardships tips in the plaintiff’s favor; and 4) whether the requested injunction would serve the public interest.

Getting a temporary injunction to keep the Clippers would be a very tough case for Sterling.

He’s unlikely to succeed on the merits, given his signing of contracts with the NBA approving of this process. Though he could argue owning an NBA team is such a unique privilege it can’t be replaced by financial compensation, there is probably a dollar amount that covers any harm he’s suffered. The NBA – facing player and sponsor protests – could also face hardships due to an injunction. And maybe – though I’m not sure a court could/would see it this way – a racist continuing to own such a high-profile business actually goes against the public interest.

Sterling must overcome all those arguments to get his injunction. I doubt it happens. Instead, the NBA will likely vote out Sterling and sell the Clippers.

Then, as McCann says, the league will probably face a lengthy lawsuit from Sterling over damages.

NBA implementing ‘Zaza Pachulia,’ ‘James Harden’ rules

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NEW YORK (AP) — NBA referees will be able to call flagrant or technical fouls on defenders who dangerously close on jump shooters without allowing them space to land, as Zaza Pachulia did on the play that injured Spurs star Kawhi Leonard in last season’s playoffs.

Officials will also make sure jump shooters are in their upward shooting motion when determining if a perimeter foul is worthy of free throws, which could cut down on James Harden‘s attempts after he swings his arms into contact.

Leonard sprained his ankle when Pachulia slid his foot under Leonard’s in Game 1 of Golden State’s victory in the Western Conference finals. After calling a foul, officials will now be able to look at replay to determine if the defender recklessly positioned his foot in an unnatural way, which could trigger an upgrade to a flagrant, or a technical if there was no contact but an apparent attempt to injure.

“It’s 100 percent for the safety of the players,” NBA senior vice president of replay and referee operations Joe Borgia said Thursday.

The NBA had made the freedom to land a point of emphasis for officials a few years ago, because of the risk of injuries. But the play got renewed attention during the playoffs because of Leonard’s injury, and also one in which Washington forward Markieff Morris landed on Al Horford‘s foot in Game 1 of their Eastern Conference semifinal, knocking him out of a game the Celtics rallied to win.

Officials can still rule the play a common foul if they did not see a dangerous or unnatural attempt by the defender upon review. Borgia said Pachulia’s foul would have been deemed a flagrant.

With the fouls on the perimeter shots – often coming when the offensive player has come off a screen and quickly attempts to launch a shot as his defender tries to catch up – officials will focus on the sequencing of the play. The player with the ball must already be in his shooting motion when contact is made, rather than gathering the ball to shoot such as on a drive to the basket.

“We saw it as a major trend in the NBA so we had to almost back up and say, `Well, wait a minute, this is going to be a trend, so let’s catch up to it,”‘ NBA president of league operations Byron Spruell said.

Report: Cavaliers signing Kendrick Perkins

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Kendrick Perkins spent fewer than four months with the Cavaliers, including the 2015 playoffs. But nearly a year later after Cleveland let Perkins walk in free agency, LeBron James was still bemoaning Perkins’ absence.

Are the Cavs righting a wrong?

Joe Vardon of Cleveland.com:

Kendrick Perkins joined the Cavaliers at LeBron James’ minicamp in Santa Barbara, Calif., and will come to training camp next week, sources told cleveland.com.

The Cavs now have 18 players with standard contracts, and 15 – the regular-season limit – have guaranteed salaries. I doubt Cleveland wants to waive the two without guaranteed salaries, Kay Felder and Edy Tavares, either.

In other words, Perkins is a longshot to stick into the regular season.

Perkins was washed up when with the Cavaliers two years ago. The 32-year-old who sat out last season hasn’t produced on the court in several years. He’s tough and well-liked in the locker room, which might give him a chance of sneaking onto the regular-season roster.

But the Cavs should focus on developing toughness and chemistry among their rotation players. Perkins is just a crutch, most likely one who’ll be yanked away by cut-down day a few weeks from now.

Report: Lakers sell jersey ad for $36M-$42M over three years

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The Lakers are a financial behemoth, though that’s tied to a local-TV deal signed when they were still good.

How do current conditions value their brand?

John Lombardo and Terry Lefton of SportsBusiness Daily

The Lakers have signed a jersey patch deal with S.F.-based e-commerce company Wish. The three-year agreement, according to a source, is between $12-14M annually

That’s the second-richest known jersey-ad deal – behind only the Warriors ($20 million annually) and ahead of the Cavaliers ($10 million annually).

It clearly pays to be Los Angeles, though don’t discount the role of the Lakers’ fantastic history and intriguing future.

Rumor: Carmelo Anthony to accept trade to Trail Blazers if Knicks and Rockets don’t strike deal

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Carmelo Anthony trade talks between the Knicks and Rockets appear to be going nowhere.

Yet, Anthony’s camp is reportedly cautiously optimistic he’ll get dealt by Monday.

This might explain why.

Jason McIntyre of Fox Sports:

Damian Lillard and C.J. McCollum have recruited Anthony to Portland. The Trail Blazers have plenty of expendable players who could be aggregated to matching Anthony’s salary – Evan Turner, Maurice Harkless, Meyers Leonard, Al-Farouq Aminu and Ed Davis – plus lower-paid players to give New York value. This certainly looks plausible.

It’d make sense for Anthony to hold out as long as possible for Houston, his ideal destination. He can use his no-trade clause to force the Knicks to deal with only the Rockets.

But what if that fails?

I’m skeptical New York, Portland and Anthony all agree to a deal. There are just too many sides to please.

The Knicks will need more than just bad contracts to move Anthony, and the Trail Blazers don’t need more scoring enough to relinquish significant assets. Anthony would also have to approve, and as miserable as the Knicks have been, the New York market still matters.

Again, this is plausible, but I’m doubtful. Either way, we should know soon with training camp around the corner.