Donald Sterling

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


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.

Gallinari ready to take big role in new Nuggets offense

Danilo Gallinari, Jimmy Butler
Leave a comment

DENVER (AP) — Danilo Gallinari wants everyone to know this: His surgically repaired left knee, the one that took three procedures to fix and nearly two seasons to fully trust, no longer bothers him.

The Denver Nuggets forward doesn’t need to be on any sort of minutes restriction. He doesn’t need days off during the season. And he certainly doesn’t need to be coddled.

He’s Gallo again, the hard-to-guard Italian playmaker who can knock down the 3-pointer just as easily as drive to the hoop or even post up. He believes he will fit in quite nicely into new coach Michael Malone’s system.

“The thing I’m focused on is trying to get (this team) back to the same level that the Nuggets were when I got to Denver, when we were going to the playoffs easy. When we were clinching a playoff one or two weeks before the season was over,” said Gallinari, who was acquired in the 2011 blockbuster deal that sent Carmelo Anthony to the New York Knicks. “We need to get back to that level.”

Almost seems so long ago, given that the Nuggets have missed the playoffs two straight seasons after consistently making it for nearly a decade.

Gallinari returned last season for the first time since blowing out his knee in a game on April 4, 2013. His minutes were closely monitored early in the season. He never really got completely on track until late last season, when he averaged 20.5 points over the final 10 contests, including a career-high 47 against Dallas. He’s hoping to carry that kind of confidence this season.

“I’m good to go. I was good to go as soon as the beginning of last year,” Gallinari said. “I was not on the same page with the coach that we had.”

That would be Brian Shaw, who was fired last March after 1 1/2 seasons in charge and going 56-85. Exactly why he wasn’t on the same page with Shaw, well, Gallinari preferred the past remain the past.

“I’m ready to play the new season,” he said. “We need to win games, and get back to the same level we were before.”

Gallinari thinks the Nuggets have the personnel to do just that, especially with a rookie point guard in Emmanuel Mudiay and Gallinari’s knee feeling better than it has in a while. He feels like he has some ground to make up, too, since he said that knee robbed him of some of his prime.

“Playing my best basketball right before I got injured,” the 27-year old said. “Now, we’re back to the same level, hopefully better.

“My knee has been feeling great. It felt great last year. Feeling great during the summer. Feeling great now. I just feel good.”

He spent the summer playing for the Italian team at the EuroBasket tournament, where he averaged nearly 18 points a game. In those games, Gallinari saw quite a bit of time at the four spot on the floor, forcing teams to either use a bulkier big man to cover him and risk getting burned on a drive or a smaller player that Gallinari could simply shoot over.

Malone plans to employ a similar type approach, something they discussed over gelato when the coach visited Gallinari in Italy soon after he was hired.

“He’s 6-foot-10. He can handle the ball. He can play pick-and-roll. He can stretch the floor and shoot the 3,” Malone said. “There’s not a lot he can’t do offensively.”

Gallinari wants the responsibility of being the go-to player for the Nuggets this season, especially at crunch time.

“I’ve always been trying to do that, since I came to Denver,” Gallinari said. “That’s what I like to do. I feel good filling those shoes.

“I want to have the ball in my hands. I do want to have the ball in my hands a lot more.”

Knicks’ Rookie Jerian Grant gets up, throws it down (VIDEO)

Leave a comment

The Knicks did well trading for Jerian Grant on date night — he’s going to be able to walk in this year and play quality minutes off the bench.

And, he can get up and throw it down.

Carmelo Anthony had 18 points to lead the Knicks to a 94-88 win over the Sixers.