Sterling, NBA set for epic legal fight over Clippers

The fine of $2.5 million may seem inconsequential given that Sterling is worth reportedly $1.9 billion, but it was the highest amount of money permitted by
Sterling, NBA set for epic legal fight over Clippers
Sterling, NBA set for epic legal fight over Clippers /

The chances of Donald Sterling responding to the NBA's lifetime ban with an antitrust lawsuit are 'high.'
The chances of Donald Sterling responding to the NBA's lifetime ban with an antitrust lawsuit are 'high.' :: Elsa/Getty Images

The fine of $2.5 million may seem inconsequential given that Sterling is worth reportedly $1.9 billion, but it was the highest amount of money permitted by the league's constitution and bylaws. Had Silver issued a higher fine, and justified it on policy or moral grounds, he would have provided Sterling with an opportunity to raise a legal point. Specifically, Sterling might have argued such a penalty is "arbitrary and capricious" because it would not have followed NBA rules. Silver, an attorney, wisely adhered to the rules instead.

3. If Sterling wins or extracts a settlement, not only could NBA owners be on the hook for an expensive fee, but Sterling would seem victorious. The appearance of him winning in court would greatly detract from the important social message accomplished by the lifetime ban.

Donald Sterling stands to lose a lot of money in taxes if he's forced to sell the Los Angeles Clippers.
Donald Sterling stands to lose a lot of money in taxes if he's forced to sell the Los Angeles Clippers :: Ronald Martinez/Getty Images

Michael McCann is a Massachusetts attorney and the founding director of the Sports and Entertainment Law Institute at the University of New Hampshire School of Law. He is also the distinguished visiting Hall of Fame Professor of Law at Mississippi College School of Law.


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