The ownership feud's resolution....

[bumpyphish1]

Does anyone know when it is expected to be? When we will know when it will be? It's surprising to me that it isn't discussed more often around here considering what major importance it holds to this francise.

Is there a chance that things could be decided before this summer's draft? Please? This has carried on way too long. Years. I think David Stern should have exerted his influence to at the very least speed up this process, if not gotten the case thrown out of court.

[AHF]

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Does anyone know when it is expected to be? When we will know when it will be? It's surprising to me that it isn't discussed more often around here considering what major importance it holds to this francise.

Is there a chance that things could be decided before this summer's draft? Please? This has carried on way too long. Years. I think David Stern should have exerted his influence to at the very least speed up this process, if not gotten the case thrown out of court.

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Stern doesn't have the power to speed up the Court's process, let alone get the case thrown out of Court. Trying to do so would possibly get him thrown in jail.

The Court will make its decision when it gets to it. It could be tomorrow, it could be months from now. There is just no definitive timeline.

[bumpyphish1]

Well, I honestly think if Stern went to the court and back the ASG and said that the litigation was unfairly hurting the franchise, they might award the win to the group sooner than if he didn't say anything at all.

when are they expected in court again? I don't think it could end "tomorrow or months from now." It can only end when they are back in court - correct? So, unless they are in court tomorrow, that isn't the case.

[AHF]

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Well, I honestly think if Stern went to the court and back the ASG and said that the litigation was unfairly hurting the franchise, they might award the win to the group sooner than if he didn't say anything at all.

when are they expected in court again? I don't think it could end "tomorrow or months from now." It can only end when they are back in court - correct? So, unless they are in court tomorrow, that isn't the case.

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They don't go back in Court. They have briefed their appeal, made the oral arguments and are waiting on the ruling from the Court.

It could happen tomorrow or months from now.

[Sothron]

And there will be an appeal no matter what this Court says. This litigation could take years. I still can't believe the first idiot judge awarded the decision on Belkin because he literally handed his appeal in first (which was already written) and there's no language at all in the buyout contract about speed of appeal. Insane.

[Packfill]

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And there will be an appeal no matter what this Court says. This litigation could take years. I still can't believe the first idiot judge awarded the decision on Belkin because he literally handed his appeal in first (which was already written) and there's no language at all in the buyout contract about speed of appeal. Insane.

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The Atlanta Spirit f'ed up the contract, there own fault that they did not include a provision covering this matter. The Spirit may have a malpractice claim against their attorneys if they indeed lose the case.

[AHF]

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And there will be an appeal no matter what this Court says. This litigation could take years.

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That is true. I am hoping a buyout of Belkin will be the result of the decision since that would resolve things more quickly.

[Wretch]

I just couldn't understand how in the world these guys with all this money and all this business sense...who have no doubt drawn up countless contracts...in a deal of this magnitude...dropped the ball like that.

It's just mindblowing.

[DJlaysitup]

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...I am hoping a buyout of Belkin will be the result of the decision since that would resolve things more quickly.

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AHF, since Belkin initially invested more money into the deal than any of the others individually (around 30% of the total ASG investment I believe I read), can the others bring in another partner/owner to help with the buyout?

It's possible that they will have to. They might not have the money to buy him out...and even if they can scrape it together, it may mean that the team is even further hamstrung in the years following the buyout and still won't be able to spend to the cap and afford a new coach.

Just wondering?

[AHF]

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...I am hoping a buyout of Belkin will be the result of the decision since that would resolve things more quickly.

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AHF, since Belkin initially invested more money into the deal than any of the others individually (around 30% of the total ASG investment I believe I read), can the others bring in another partner/owner to help with the buyout?

It's possible that they will have to. They might not have the money to buy him out...and even if they can scrape it together, it may mean that the team is even further hamstrung in the years following the buyout and still won't be able to spend to the cap and afford a new coach.

Just wondering?

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I think they could - subject to the approval of the NBA (who might be reluctant to bring more players into the mix with this bunch).

[capstone21]

Belkin getting control will be the worst thing that could happen to this team.

[Joker]

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Belkin getting control will be the worst thing that could happen to this team.

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why so, I don't have a opinion on who I think should be the owners but why would Belkin not be a good owner.

[Diesel]

I'm surprised Stern doesn't have more power.

I mean, doesn't the league have the power to retract, move, ect...?

For instance, Baseball moved the expos to Washington. The former owners of the Expos tried to sue baseball.. and Baseball had some arbitrators who "Struck down" the lawsuit.

[Joker]

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I'm surprised Stern doesn't have more power.

I mean, doesn't the league have the power to retract, move, ect...?

For instance, Baseball moved the expos to Washington. The former owners of the Expos tried to sue baseball.. and Baseball had some arbitrators who "Struck down" the lawsuit.

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Baseball big fans also stay on DC and are in congress. Basketball only has a few of those types of guys.

[AHF]

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I'm surprised Stern doesn't have more power.

I mean, doesn't the league have the power to retract, move, ect...?

For instance, Baseball moved the expos to Washington. The former owners of the Expos tried to sue baseball.. and Baseball had some arbitrators who "Struck down" the lawsuit.

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The suit at issue is one for breach of contract between owners of the Hawks. The league can do whatever is in its power but can't extend to the Court itself. If the league decided to exercise its power to eliminate the franchise, etc. that would bring up an entirely different set of issues and set precedent that the rest of the owners in the league wouldn't like very much. The owners in the league want their own rights respected so they are going to take a fairly hands-off approach to this, IMO.

[Sothron]

I disagree AHF. Belkin was rejected twice by the NBA to own teams and he only got in with an ownership group with the Hawks. Then the NBA sided with the ASG to kick him out. The owners have the legal right to vote on accepting someone as an owner and Stern does have some legal powers as NBA commish. It will be another huge fight if Belkin somehow wins and the NBA owners/Stern won't vote him in as the owner.

[AHF]

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I disagree AHF. Belkin was rejected twice by the NBA to own teams and he only got in with an ownership group with the Hawks. Then the NBA sided with the ASG to kick him out. The owners have the legal right to vote on accepting someone as an owner and Stern does have some legal powers as NBA commish. It will be another huge fight if Belkin somehow wins and the NBA owners/Stern won't vote him in as the owner.

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You and I actually don't disagree.

I agree with you that the NBA can reject a proposed ownership group - like Belkin. That is a separate fight for another day, though.

Stern doesn't have any legal power to advance the timetable on the current lawsuit or to get rid of it directly. The most he can currently do is work through back channels to try to facilitate a buyout.

[Diesel]

I would think if the league could prove that the franchise is losing the league money and that the franchise is lowering the quality of the competitiveness of the league AND that the franchise is trying to keep the team on the "cheap" then I would think that the franchise could be eliminated and this breech of contract deal wouldn't be an issue with Atlantians. The only problem is I doubt that the players Union would play along so this could never happen.

Still.... I think that Stern has far more power than he's playing right now. I agree, he can't stop the trial, but he can doggone sure put pressure on both groups to make them come to a settlement a lot quicker.

[Diesel]

He can basically communicate to Belkin that he will never be an owner and to the Spirit that he will investigate their financial ability to be owners without Belkin if they don't settle.

In that Expos case, I think Selig ended up giving Montreal's Owner 40 million dollars (representing the league) so that they could finish the buy out and buy the Marlins...

Baseball may be more corrupt?

[Gray Mule]

Who REALLY cares when or how this thing is settled??

Next question. Who is it that has the power to settle

this? The judge (Court) system?

Nope. As soon as there is a ruling, no matter what the

ruling says, you can bet there will be an immediate appeal.

The NBA Commis. would love for it to be settled. He can't

force anything.

Both sides would love to have it settled, but only if the

ruling went 100 % "Their" way. Otherwise, an appeal.

The NBA, it's players and the Atlanta fans would love for

it to be settled. The NBA and players because, right now,

the entire thing is in a mess. Same reason we, the fans,

want it settled.

When will it be settled? When all appeals are filed and

ruled on by the courts. As most Judges only rule on

anything: "When I get around to it. I have all the power

in my hands and you can't make me work faster."

Who cares? No one who has any power to hurry things along,

that's who.