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

[Arizona's Finest]

First JJ might be coming back and now Rolle just signed with the Cards...Good day to be an Arizona fan

 

[Mainstreet]

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.

I'm sorry but I cannot understand a Judge saying to a team it is making a bad economic decision based on circumstances that only General Managers and few others understand.

Now imagine, what if JJ turned into the next Magic Johnson and filled the arena every night. Would this have been a bad economic decision for the Hawks? I think not.

I think the Judge should have stuck with the issue before him... the right of majority ownership to remove a team Governor. I agree the Judge should have stuck to the ownership issue... not the economic issue.

 

[clif]

I'm sorry but I cannot understand a Judge saying to a team it is making a bad economic decision based on circumstances that only General Managers and few others understand.

Now imagine, what if JJ turned into the next Magic Johnson and filled the area every night. Would this have been a bad economic decision for the Hawks? I think not.

I think the Judge should have stuck with the issue before him... the right of majority ownership to remove a team Governor. I agree the Judge should have stuck to the ownership issue... not the economic issue.

But the judge did. Based on the current ownership agreement that they all agreed to... Belkin is the the NBA governor and they need him to signoff on any deal. So he chose to exercise his right.. and the rest of the owners didn't like it. BUT just because they don't like it DOESN'T mean he was doing anything wrong and that is what the judge was banking on.

 

[Tank]

I'll agree that I think the judge ruled on issues that were not part of the case brought before him, but I still have a problem seeing Belkin being removed. I think that by the terms of his contract he is the gov. and it is going to stay that way...

 

[Mainstreet]

But the judge did. Based on the current ownership agreement that they all agreed to... Belkin is the the NBA governor and they need him to signoff on any deal. So he chose to exercise his right.. and the rest of the owners didn't like it. BUT just because they don't like it DOESN'T mean he was doing anything wrong and that is what the judge was banking on.

I think we have to agree to disagree.

I think majority ownership has every right to remove a Governor if they feel he does not represent them and their best interests. If this is a matter for debate, the Judge should have stuck to the procedural issues... not the economic ones.

He should have strictly ruled on the criteria necessary to remove a team Governor which I have already covered several times and the majority owners have that authority from everything I've read in this case.

Again, what I'm now understanding, the Atlanta ownership did not have the legal authority to present the sign and trade proposal to JJ so it is not binding.

JJ and the Suns should move on and deal with teams who know how to consumate a contract. Apparently in the Atlanta situation, there was no meeting of the minds by ownership which is a criteria for a binding contract.

 

[az1965]

What a freaking joke this whole thing has been...

 

[AZZenny]

All the judge ruled on is that there are grounds to issue a preliminary injunction - and as Klobotomy has said, that means meeting two very specific criteria - 1) that irreparable harm would occur if the injunction isn't granted, and 2) that Belkin's case has a reasonable chance of succeeding on its merits in court.

The comments about JJ's value probably relate to his opinion about #2 - he is saying that Belkin could possibly persuade a jury of reasonable people that the S & T deal for JJ is excessive in overall cost to the franchise, and therefore as NBA Governor, it is within his authority to reject it.

Judge isn't saying the deal IS too costly - just that Belkin could make a legitimate argument the cost is excessive (all he had to do was quote a couple ESPN pundits) AND that it is in fact within his official role to reject trades, and that is not an abuse of his power - that while signing a contract falls under 'making a legally binding decision as Governor that majority of owners disagree with,' NOT signing a contract doesn't constitute making a legally binding deal. Plus, Judge is saying that the other side didn't convince him that Belkin would certainly lose his case in a full Court litigation.

Injunctions basically freeze a situation to prevent things from going forward until a full, proper litigation can be completed - things that cannot be 'undone' such as pulling someone's plug, demolishing a home, signing a contract from which the other party will then move on - all are potentially considered 'irreparable harm.' Again, not that getting JJ is harmful, but that once its done, there is no going back even if a full lawsuit says it should never have happened. Therefore, status quo until a regular lawsuit for permanent injunction is held.

Courts are more inclined to grant preliminary injunctions than not unless the case is frivolous, because all they are saying is that the case is strong enough to be argued in Court. Permanent injunctions are much harder to get. I can't see how David Stern has a thing to say about this, but he's a lawyer, right?

Of course, when a time-limited contract is involved, I'd assume the other side would have tried to prove THEY will suffer irreparable harm if the injunction is granted, and maybe that's part of what he was saying - they did not sufficiently prove that losing this S & T would disastrously harm the long-term value of the franchise; that JJ was not a once-in-a-lifetime player. Wonder how he would have ruled if it were a LeBron or Amare-type player.

I bet JJ takes it personally, though!

 

[Chaplin]

The strangest part of this whole thing is that there is no clear-cut solution to this mess--it could be any number of things, and they all have the same chance of happening. Very strange.

But then again, many here thought that even though Abdur-Rahim failed his physical, he'd still eventually become a Net--looks like that theory is dead too.

What a strange month this is going to be...

 

[coloradosun]

I think we have to agree to disagree.

I think majority ownership has every right to remove a Governor if they feel he does not represent them and their best interests. If this is a matter for debate, the Judge should have stuck to the procedural issues... not the economic ones.

Both the judge and Belkin are doing exactly doing what their titles represents. The judge is suppose to make a decision on what a governer is suppose to do. Belkin as governor is supposed to oversee decisions that affect the operations of his organization.

The judge brought up economic concerns because that is why NBA teams have governors and that would be the sole reason that was deemed necessary by Stern. A governor is not suppose to scout talent but he is in a position to control spending, period.

Belkin has admitted that he has approved every contract so far as governor, this one he has a problem with and I can see why. 28.5% of the contract is going to be paid in up front money, that could put financial stress on some other operations. My impression is that King may have mentioned to him that the was going to offer JJ 70M over 5 years but may have skipped the part about the 20M up front.

I think King is the villian in this thriller because he knew Belkin wanted to run a tight ship and thought that he could get a mutiny going with the other owners.

 

[Chaplin]

Let's clear something up...

Billy Knight is the GM of the Hawks...

Billy King is the GM of the 76ers...

Thank you, carry on.

 

[nzcloud]

I'm sorry but I cannot understand a Judge saying to a team it is making a bad economic decision based on circumstances that only General Managers and few others understand.

Now imagine, what if JJ turned into the next Magic Johnson and filled the arena every night. Would this have been a bad economic decision for the Hawks? I think not.

I think the Judge should have stuck with the issue before him... the right of majority ownership to remove a team Governor. I agree the Judge should have stuck to the ownership issue... not the economic issue.

The judge is a celtics fan trying to block a deal to make Hawks better.

 

[coloradosun]

Let's clear something up...

Billy Knight is the GM of the Hawks...

Billy King is the GM of the 76ers...

Thank you, carry on.

No, thank you. My mistakes.

 

[Chaplin]

No, thank you. My mistakes.

Don't worry, colorado, a lot of people have been making the mistake...

 

[devilalum]

The judge is a celtics fan trying to block a deal to make Hawks better.

I had this thought too.

You may laugh but there's a LONG history of this kind of corruption in Boston.

 

[coloradosun]

Now imagine, what if JJ turned into the next Magic Johnson and filled the arena every night. Would this have been a bad economic decision for the Hawks? I think not.

This comparison to Magic Johnson and the court reference to the Larry Bird acquistion by Boston is just laughable.

Magic became Magic at Michigan State, Larry Bird was a legend before he hit an NBA court. There is no way that JJ is in the same league as those two comparisons, nobody knew JJ when left Arkansas. The aforementioned players took their teams to the NCAA finals against each other and to the NBA finals in his first year (Magic). JJ sat on the bench in Boston had to be cracked out his shell to get his game to the NBA level. I doubt JJ signing will add very many season tickets to the bottom line.

 

[elindholm]

You may laugh but there's a LONG history of this kind of corruption in Boston.

Seriously, I wonder whether Johnson's lackluster tenure as a Celtic has anything to do with a Boston judge's evaluation of him?

 

[fordronken]

I'd love to get some kind of official statement from somebody on the Suns. Get Sarver another interview!

 

[Yuma]

I've been gone for a few hours, and I wonder how long it takes the NBA to give them a quick decision?

 

[Djaughe]

I've been gone for a few hours, and I wonder how long it takes the NBA to give them a quick decision?

Methinks the silence is the answer...

 

[Mainstreet]

This comparison to Magic Johnson and the court reference to the Larry Bird acquistion by Boston is just laughable.

Magic became Magic at Michigan State, Larry Bird was a legend before he hit an NBA court. There is no way that JJ is in the same league as those two comparisons, nobody knew JJ when left Arkansas. The aforementioned players took their teams to the NCAA finals against each other and to the NBA finals in his first year (Magic). JJ sat on the bench in Boston had to be cracked out his shell to get his game to the NBA level. I doubt JJ signing will add very many season tickets to the bottom line.

I totally agree.

I was only using the Magic Johnson comparison as no one really knows for sure how a young player will develop. I just didn't like the Judge using the bad economic rationale as a legitimate argument for saying JJ is not worth the sign and trade offer.

I think a General Manager, coaches and scouts in the league are in a better position to evaluate the upside of a player. I trust the General Manager of the Hawks, the majority ownership and many others felt like JJ was worth the sign and trade offer.

 

[Yuma]

So far, from what I've read:

fact: The ownership portion that sued Belkin, filed paperwork to keep their option open to appeal today's decision to a higher court.

fact: They also are appealing to the NBA league office to settle the ownership dispute, whether Belkin can be removed as governor.

fact: What I find somewhat interesting is The Atlanta Journal reported Belkin was INCLUDED in the managers meeting held just after the court session today, which resulted in the owners appealing to the NBA whether they can remove Belkin's governorship.

Conjecture/stupid guess: Just guessing, but I am thinking Belkin may be going along with this because he has a feeling the league offices won't make a decision, or won't remove him from governorship. If Belkin gets the league to NOT remove him, then basically the other owners will be S-O-L!

 

[Yuma]

Gerrin (sp) said phone call and paperwork sent to NBA on removing Belkin from governorship, and that the judge told the owners it's an NBA matter, not a legal matter as per Atlanta talk radio.

 

[coloradosun]

I totally agree.

I was only using the Magic Johnson comparison as no one really knows for sure how a young player will develop. I just didn't like the Judge using the bad economic rationale as a legitimate argument for saying JJ is not worth the sign and trade offer.

I think a General Manager, coaches and scouts in the league are in a better position to evaluate the upside of a player. I trust the General Manager of the Hawks, the majority ownership and many others felt like JJ was worth the sign and trade offer.

I don't think that a GM has a good understanding of the financial status of some the owners. A GM wants good players, a governor wants fiscal responsibility. If this were a court case based on Billy Knights qualifications then the judge would have probably ruled in his favor as well.

 

[coloradosun]

Gerrin (sp) said phone call and paperwork sent to NBA on removing Belkin from governorship, and that the judge told the owners it's an NBA matter, not a legal matter as per Atlanta talk radio.

I doubt Stern will remove Belkin, that would set a precedence that may prevent other people into investing in NBA franchises. The league already went through the approval process of this ownership group, there is no way that they step into this matter.

Unless they take over operations of the club like MLB did with the Montreal Expos, now the Washington Nationals. Not fully versed on baseball and not familar with the details behind that manuever. I don't see that ever happening in the NBA though, there are too many ex players or rap stars that want to own teams.

 

[Mainstreet]

I don't think that a GM has a good understanding of the financial status of some the owners. A GM wants goods players, a governor wants fiscal responsibility. If this were a court case based on Billy Knights qualifications then the judge would have probably ruled in his favor as well.

I will duly note, that you are in agreement with the Belkin philosphy and in agreement with his assessment of the sign and trade offer (as well as the Judge). I'm sure Mr. Belkin is well qualified to evaluate talent, even more so than the GM, and attends almost all the Hawks home games.

By the way, 2/3 of the Hawks ownership disagree with you.

I, however, will keep my opinion of the subject as well.

By the way, what's with all your comments being placed in bold. Are they supposed to be more important written that way?