NBA Legal Strategy to Oust Donald Sterling Revealed

Several people in the NBA are looking for ways to remove Donald Sterling from the league permanently. Although he was slapped with a $2.5 million fine and lifetime ban, his presence still continues to linger, and players want to get rid of it immediately through litigation, in a report by Sports Illustrated.

In the absence of Sterling, the office of the NBA commissioner is the de facto controlling owner of the Los Angeles Clippers, and has the final say on matters involving the team. The NBA installed Dick Parsons as the new CEO of the Clippers. Shelly Sterling, wife of Donald, is a co-owner but does not necessarily have control over the team. The NBA has to approve her first before she gains control, and the league may implicate her due to her estranged husband's acts and deny transfer of controlling ownership.

California law might also work against Shelly Sterling because the unity of spousal assets may require her to lose ownership over the NBA team should Donald be compelled to do the same thing. Donald Sterling also violated a franchise agreement in purchasing an NBA team which stipulated that owners should not engage in unethical conduct or taking positions that can materially affect the NBA adversely.

The NBA is ready against an expected lawsuit brought by the Sterling spouses. However, Sterling already signed several documents where he agreed to submit to disciplinary measures taken by the NBA commissioner and other NBA team owners. Attorneys speculated that Sterling will not likely win the lawsuit, although he can drag litigation for a long time and even invite further scandal into the league. The NBA is preparing for these consequences.

In an article on Bleacher Report, it was not actually the first time that there was an attempt to oust Sterling from the NBA. In 1982, six NBA owners recommended to remove Sterling from the league after audiotapes revealed that he was guilty of "tanking". The approach involved intentionally losing games and performing poorly to gain draft pick advantages.

NBA team owners and players expect that, should a lawsuit ensue, it will take several months. LeBron James said, "As players, we want what's right and we don't feel like no one in his family should be able to own the team."