Belkin WINS!!!: Judge grants Belkin's Injunction

[Ouchie-Z-Clown]

the trade is reworked, although Phoenix has resisted that idea although there have been discussions; ( )

QUOTE]


my biggest fear. we're gonna end up sending THEM first round picks . . . and cash. then belkin and sarver are going to run off to the caymans together.

 

[Ouchie-Z-Clown]

Hey Ouchie, where is cheese? I'd think he'd be ALL over this board with all this happening!

self-imposed hiatus again. he's trying to be productive with his life. i give him updates.

 

[Mainstreet]

An element of granting preliminary injunctions is if irrevocable harm will result if the injunction is not granted. I'm sure the Hawks atty's said the organization will be harmed if it is, and Belkin's said it'll be harmed if it is not. I'd imagine that's why the judge ventured into this territory.

So doesn't this leave the Hawks in limbo... they are damned if they do and damned if they don't.

Below is what I thought this Hearing was about:


By TIM TUCKER
The Atlanta Journal-Constitution
Published on: 08/09/05

"The partnership agreement gives Belkin a five-year term as the Hawks' governor and states that he can be removed only if he casts an NBA vote or takes a legally binding action against the wishes of the majority of the group."


So what I am hearing from the Judge, it is a bad economic decision to sign JJ, irregardless.

IMO, the Judge over-stepped the boundaries of the issue he should have been deciding... do the majority owners have a right to select a new Governor "if he casts an NBA vote or takes a legally binding action against the wishes of the majority of the group."

Clearly, I think the Hawks Governor did such and the Judge even went further, that it was not in the best economic interest of the Hawks to sign JJ.

 

[VinceBlack]

We don't want JJ back because he can't do this...........................

 

[Treesquid PhD]

We don't want JJ back because he can't do this...........................

N1ce p0st d00d

 

[sunsfn]

We don't want JJ back because he can't do this...........................

Actually he can!

 

[scotsman13]

Actually he can!

yea the problem is he just lands on his face. which is what i think he has done this off season.

 

[Mainstreet]

The Hawks are beyond description. They have actually gotten the courts involved in team finances and personnel decisions.

Mr. Stern better get involved now.

There is no telling where this situation could go. Mr. Stern needs to put an end to this quickly.

The NBA League Commissioner should have more authority than a team Governor.

 

[Ricochet]

maybbe a three way trade with us, atl and bos for pierce

or

stojokavich

or maybbe even a fourway including Golden St. and the hornets?

idk maybbe

 

[Mainstreet]

What I'm not understanding and communicating... is that I think the Judge said it was not in the Hawks best economic interest to sign JJ period.

Now do NBA team personnel decisions have to go before a Judge thanks to the Hawks...

I think not, and the NBA Commissioner and his staff of attorneys should jump all over this now.

IMO, the Atlanta Hawks ownership needs to be revamped.

 

[devilalum]

What I'm not understanding and communicating... is that I think the Judge said it was not in the Hawks best economic interest to sign JJ period.
.

The judge had to evaluate the JJ deal because he had to decide whether Belkin was acting in the groups best interest. There was no way he could do this without evaluating the deal.

 

[SirStefan32]

This is just bizzare.

 

[Ricochet]

so what do the suns do now?

 

[devilalum]

IMO, the Atlanta Hawks ownership needs to be revamped.

This is the key.
The judge didn't create this strange partnership. He just had to rule on the situation that was brought to court.

 

[Gaddabout]

How about a 28-team trade? Everybody rotates shooting guards. The guard must stop at the airport he's in when the commish stops playing the music. Get Apple iPod and IKEA to sponsor. We're talking another made-for-ESPN off-season non-event! Woo hoo!

 

[clif]

What I'm not understanding and communicating... is that I think the Judge said it was not in the Hawks best economic interest to sign JJ period.

Now do NBA team personnel decisions have to go before a Judge thanks to the Hawks...

I think not, and the NBA Commissioner and his staff of attorneys should jump all over this now.

IMO, the Atlanta Hawks ownership needs to be revamped.

The judge ruling meant that Belkin did not overstep his bounds. He agreed with Belkin, because it was not clear or apparent (as the other owners had argued) that NOT doing the deal would hurt the team. So the judge really didn't rule on his feeling of the trade per se.. it was his way of basically saying that Belkin can do what he wants whether any of the other owners like it or not.. he is NOT required to make this trade..its his business decision.


Edit: Of course they need HIS approval since he is an NBA governor

 

[George O'Brien]

It depends. If the Hawks go ahead and make the offer, the Suns match and that's the end of it. If they don't, then the Suns will probably look for a sign and trade opportunity but be prepared to stick it out.

At this point, JJ's best option would be to sign the $75 for 6 and request to be traded next summer. Signing the one year deal is too high risk (look at Swift).

I expect JJ's agent will be given a chance to shop JJ around, but I suspect he will find the market a bit thin. It will be interesting.

 

[sunsfn]

I'm just praying that JJ comes back...

Mike

Mike,
I am hoping the same as you are!

If JJ does not want to come back and still indicates that, there could be a three team trade with Toronto and Charlotte.
Some how Magliore could go to Toronto as he wants to, and then there would have to be some players moved from Charlotte and Toronto to the suns, that or picks.

Only thing, if JJ wants the up front money, I do not think anyone will do that other than Atlanta.
Also, for the 3 team deal to work, the contract would have to be normal and Sarver would have to agree to let JJ go for a normal contract.

I am not sure Sarver would do that, and HOPE HE DOES NOT DO THAT!

 

[zett]

I disagree with those of you who say 70 mil is too much for joe! It is more then we would like to afford, but not really more then what we could fill for that amount, I think JJ will play as hard as he is capable of. and I for one hope he resigns with us and plays for us! Idealy for alittle less but the up front money is ok,we can manage the last part of the contract ok.

 

[Mainstreet]

The judge had to evaluate the JJ deal because he had to decide whether Belkin was acting in the groups best interest. There was no way he could do this without evaluating the deal.

I understand your thoughts, however, the Judge should have only dealt with the right of majority ownership to remove the Governor. I don't think the Judge had to go down the path of economics only the rights of ownership to remove a Governor when he is no longer representative of the group.

The Judge is now essentially in the position of evaluating what is a good trade or a bad trade for a team. I just don't see how the Judge got there unless he wanted to go there.

I think the rest of the Hawks ownership is in a state of shock as is the rest of the NBA.

If there is ever a need for the Commissioner to step in, it is now.

 

[SweetD]

I understand your thoughts, however, the Judge should have only dealt with the right of majority ownership to remove the Governor. I don't think the Judge had to go down the path of economics only the rights of ownership to remove a Governor when he is no longer representative of the group.

The Judge is now essentially in the position of evaluating what is a good trade or a bad trade for a team. I just don't see how the Judge got there unless he wanted to go there.

I think the rest of the Hawks ownership is in a state of shock as is the rest of the NBA.

If there is ever a need for the Commissioner to step in, it is now.

I don't think Stern has the power to over rule a Judge.

 

[Arizona's Finest]

Hey Ouchie, where is cheese? I'd think he'd be ALL over this board with all this happening!

where is cheese....?

 

[clif]

I understand your thoughts, however, the Judge should have only dealt with the right of majority ownership to remove the Governor. I don't the Judge had to go down the path of economics only the rights of ownership to remove a Governor when he is no longer representative of the group.

The Judge is now essentially in the position of evaluating what is a good trade or a bad trade for a team. I just don't see how the Judge got there unless he wanted to go there.

I think the rest of the Hawks ownership is in a state of shock as is the rest of the NBA.

If there is ever a need for the Commissioner to step in, it is now.

The judge wasn't really basing his decision on the trade itself. He is basically saying the Belkin's decision (not to agree to this trade) was not harming the franchise business wise. So there was no basis to remove Belkin.. even though they don't like his decisions. Remember.. the owners agree to this form of ownership.. so the judge is making them live up to it.

 

[Arizona's Finest]

Mike,
I am hoping the same as you are!

If JJ does not want to come back and still indicates that, there could be a three team trade with Toronto and Charlotte.
Some how Magliore could go to Toronto as he wants to, and then there would have to be some players moved from Charlotte and Toronto to the suns, that or picks.

Only thing, if JJ wants the up front money, I do not think anyone will do that other than Atlanta.
Also, for the 3 team deal to work, the contract would have to be normal and Sarver would have to agree to let JJ go for a normal contract.

I am not sure Sarver would do that, and HOPE HE DOES NOT DO THAT!

Im with you guys.....bring him back...feature him as the second offensive option (as he should be) and let him bask in the glory of winning.....its not like anyone hates to win.....winning cures all ills...i dont think it is to reversible if Sarver makes the first move....

 

[Mainstreet]

I don't think Stern has the power to over rule a Judge.

Perhaps not, but it should never have gone there. I clearly think the Judge over-stepped his authority and went outside the primary issue before him, the right of majority ownership to remove a team's Governor.

I think the Commissioner has every right to void this transaction based upon the best interest of the league and that the parties involved in negotiations with JJ did not have the authority to be a party to the contract.

Also, even the Judge reportedly said it was not in the best economic interest of the Hawks to sign JJ, so I see no conflict here.

I don't see the Commissioner as over-ruling the Judge but rather voiding an invalid contract offer.