Any court with half a brain should rule in favor of MD basely solely on the team's claims that "The Clippers want to win now" and their " full commitment to dedicate unlimited resources". If that doesn't require a willing suspension of disbelief, than I don't know what does.
And how about Sterling wussing out by not wanting to be named on the suit. Oh, I guess that he really doesn't run the team after all.
LOS ANGELES (CN) - The Los Angeles Clippers and their owner want to stop former head coach Mike Dunleavy from arbitrating his claim that the team still owes him $6.75 million of a five-year, $22 million contract.
After seven years with the team, Dunleavy resigned as head coach this February and was fired a month later from his position as general manager.
In June he filed an arbitration claim against the NBA team and owner Donald Sterling, claiming he had been fraudulently induced into signing the employment contract.
But Sterling says an arbitrator can't rescind the contract, as Dunleavy wants, because the former coach's claim "is based on purported representations and promises" made "outside the scope of the employment agreement," (original emphasis).
"The team has simply not made sufficient progress during Dunleavy's seven-year tenure," the Clippers said in a March press release about Dunleavy's firing. "The Clippers want to win now. This transition, in conjunction with a full commitment to dedicate unlimited resources, is designed to accomplish that objective."
The team and Sterling claim they were the ones fraudulently induced into hiring Dunleavy, who knew full well that he would not fulfill his term as head coach.
He "made these promises solely to induce (the Clippers) to provide him a long-term contract in order for Dunleavy to secure additional compensation," according to the team's lawsuit in Superior Court.
When Dunleavy resigned, the team told reporters that the decision was "reached mutually."
"We fully agree with Mike that this is the right time to make this change," Andy Roeser, the team's president, said in a statement. "It just seems clear that the team needs a fresh voice and we hope that our players will respond in a positive way."
The Clippers and Sterling say they "simply seek their day in court to resolve the parties' respective fraud in the inducement claims. The resolution of these overriding claims -- which exceed the scope of any arbitration provision between the parties -- would render all other claims moot."
The team seeks an order staying arbitration.
Sterling also argues that his name should not be included in the arbitration case, because he did not personally sign Dunleavy's employment contract.
The team and its owner are represented by Robert Platt with Manatt, Phelps & Phillips in Los Angeles.
http://www.courthousenews.com/2010/08/02/29251.htm
Dunleavy Still Trying To Squeeze Blood From a Turnip
Dunleavy Still Trying To Squeeze Blood From a Turnip
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- Ballboy
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Re: Dunleavy Still Trying To Squeeze Blood From a Turnip
- mattfish
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Re: Dunleavy Still Trying To Squeeze Blood From a Turnip
This is the stuff that makes me cringe. The Clippers will never be taken seriously around the league and attract great players/coaches/staff until this kind of negative/shady behavior is gone. If Sterling would show some dignity and respect for the players and staff, we'd be a much better TEAM.
Re: Dunleavy Still Trying To Squeeze Blood From a Turnip
- donemilio21
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Re: Dunleavy Still Trying To Squeeze Blood From a Turnip
Dunleavy and Sterling deserve eachother. We, Clipper fans, don't deserve them.
Re: Dunleavy Still Trying To Squeeze Blood From a Turnip
- thanumba2clippersfan
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Re: Dunleavy Still Trying To Squeeze Blood From a Turnip
donemilio21 wrote:Dunleavy and Sterling deserve eachother. We, Clipper fans, don't deserve them.
Very true, this whole thing seems stupid. I'm sure Dunleavy wasn't paid like the other's and I hate that this happens. Just pay him and move on. The sooner this is put behind us the better.
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