turk3d wrote:Sterlings lawyers (set to go to trial July 7) claim that the doctor who diagnosed his "mental incompetency) may have gone out drinking with Sterling the day of the examination.
Not totally clear, but it sounds like they're going to argue for
Stern's competency in the trail so that they can block the sale:
http://espn.go.com/los-angeles/nba/stor ... ompromised
I think you mean Sterling's?
Anyway, it IS confusing because on the one hand:
The attorneys in the case agreed Monday that Donald Sterling's mental competency will no longer be an issue in next week's trial to determine whether his estranged wife Shelly Sterling had the authority to sell the Los Angeles Clippers to former Microsoft CEO Steve Ballmer.
yet presently they are arguing
In court documents filed last week, Donald Sterling's attorney's claimed that "it was unclear at what point a medical examination ceased and a social interaction began, with the consumption of alcoholic beverages taking place."
Kind of a dumb thing to do on the doctor's part, but it they can prove that this is standard interaction amongst them, then surely not all tests done before in the same manner were deemed illegitimate because they socialized afterwards, and it's then a way in for precedence for this test being legitimate. Unless the doctor had a pina colada in hand while examining him, I don't see how it can be unclear when the exam finished and the socializing started.
Nevertheless
Pierce O'Donnell, the lawyer for Shelly Sterling, said after the hearing that he was confident his client had followed the provisions of the trust and there were no grounds to argue she'd unduly influenced the doctor's diagnoses, as Donald Sterling had consented to allow her to negotiate the sale after both examinations had been performed.
What's good is that the judge did not fall for the 'delayed expert doc' tactic by Sterling's lawyers and the trial will go ahead and presumably finish in time before the next BOG meetings.
I hope the judge doesn't fall for the 'when he gave consent to negotiate the sale, he meant negotiate, not actually sell' qualification. If Sterling was so adamant about what he meant, perhaps he ought to have been more careful in how he worded his letter of permission, the very wording of which he is now using to try to block the sale?
May the gong show be over soon. This is really about Sterling wanting to squeeze every litigious option dry because he is so proud and feels humiliated by getting pushed out of an exclusive club he was a part of for so long until his abhorrent behaviour and words caught up with him. He's getting called out and paying the consequences, and he doesn't like it.