Legal Battle Between Dunleavy, Clippers Continues

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BINGO!
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The legal battle between the Clippers and former head coach/general manager Mike Dunleavy continues.

Los Angeles owner Donald Sterling wants to stop 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," Courthouse News wrote.

"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."

Via Pro Basketball Talk

Read more: http://realgm.com/src_wiretap_archives/68509/20100803/legal_battle_bet ween_dunleavy_clippers_continues/#ixzz0vZykitWr

i dont even know what to say anymore!

Timmy2
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Just pay him!!!!

SamMays
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DTS is such a scumbag.

Mistwell
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I'll repost what I said earlier on this topic.

Originally, I was with you guys, and my reaction was "Just pay Dunleavy what he's owed".

But then I read the facts of the case. I had no idea this was a fraudulent inducement case, and not a breach of contract case.

And it's Dunleavy trying to get this tried by an arbitrator behind closed doors, and DTS trying to get this in front of a jury.

My opinion on this has totally flipped now. It seems highly likely it is Dunleavy trying to screw Sterling, not the other way around. Nobody fraudulently induced Dunleavy to sign anything. He's a grown-up, and had the opportunity to his own counsel. He knows full well the only thing that matters is what is written on the paper signed, not the pretty words bantered back and forth before they are signed. And now he is unhappy he signed it and pretending he was essentially tricked into signing his contract? Yah, not likely. You don't get a do-over when things don't work out the way you hoped they would.

Plus, if he really thought this was some David vs. Goliath, with him as the little guy against the giant wealthy NBA team owner, he'd be begging for a jury trial rather than an arbitrator. Him wanting the arbitrator tells me he is hoping for a compromise deal, because the facts won't play well with a jury.

I am not a fan of DTS. The guy is a scumbag. But this sure sounds like Dunleavy is trying to take advantage of DTS's well-earned bad reputation to force a compromise, and that he doesn't actually have a good case.

Just to be clear - Dunleavy is NOT owed anything under their last contract, and he is not claiming he's owed anything from that last contract. Dunleavy is claiming DTS tricked him into signing the last contract, and demanding damages for that.

It's sad that I have to agree with DTS on this one, because I hate the guy. But, Dunleavy is the one that looks to be pulling a fast one on this.

ekker3
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what a miser.

DTS, contracts are two-sided. dunleavy, sue him for all he's worth! pain and suffering baby.

ClipfanSince88
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Good analysis. I tend to agree with you. The fact that its DTS who wants this case tried and not arbitrated is very telling. Aside from the other reasons you pointed out, full blown court litigation is typically much more expensive than arbitration. The fact that DTS wants to litigate this means that he (and the lawyers advising him) believe they have a very strong case.

clipperstown
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dunleavy DID step down by himself. and while i do agree with markcronan that it is indeed dunleavy trying to screw sterling, i think sterling should just pay and get it over with, cause he's only hurting his name the more this thing drags on.

mj_shoefanatic
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^ His name is beyond repair.

Grillinnap
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Donald Sterling is like Jerry Buss and George Steinbrenner (RIP) combined in comparison to Frank McCourt.

MrB
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DTS deserves to get sued. The guy is a such a fool. Money isn't everything and it seems that that is all he cares about. When he croaks, I know exactly where he's going. Hope he wakes up b4 its too late.

SamMays
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As I recall, DTS is/was a lawyer... He also got reasonably friendly with Dunleavy... If he talked Dunleavy into signing something, or maniupulated him into signing something based on their friendship, so he could screw him in the end, that would be just like DTS and probably is about what happened.

You shouldn't even talk to that scumbag without a lawyer present...

This story goes back to when DTS first moved the team to LA. He had a big promotional party with plastic champagne glasses. As part of the party, he had an event, promising any guest who could make ten foul shots in a row ten thousand dollars. There was a former college player in the crowd who knocked down ten in a row and DTS never paid him. The guy had to sue. DTS suggested a settlement of donating the money to charity in both of their names. The guy refused and pushed the issue... Ultimately DTS was forced to pay... Most likely after racking up 30,000 in lawyer bills to get out of paying... I don't recall where I read that story, but that's our owner. He hasn't gotten any better.

rick0314
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makes me feel alot better, the fact that they are fighting because he committed fraud. Now i know the clippers have a reason and its not just to save money.

jcdigital
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I find it funny that they both are claiming to be tricked into signing a contract.....this is ridiculous....how does DTS get tricked into giving Dunleavy a contract that he says dunleavy knew he wouldnt complete when its DTS who fired Dunleavy? This is ridiculous!

tense2
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It's embarrassing situation...another black eye for this organization.

clipboard
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The Laker shadow really allows little more than what is happening. DTS has his work cut out for him just to survive.

SamMays
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More info in the Times today... I don't think you can lay any blame except where it belongs; on the cheap shoulders of skinflint and scumbag DTS... If I were in demand as a coach, I wouldn't take the Clippers job unless my full salary was paid in advance on the moment I signed... And I'd insist on a big table full of cash like on the World Series of Poker.

This from the LA Times:

Owner Donald Sterling and the Clippers claim that they were duped into signing the agreement. They say that Dunleavy never intended to fulfill his end of the deal and only wanted increased compensation.

You can say what you want about Dunleavy, but there is no doubt that he worked has ass off while he was here. He was a competitor who stayed well beyond when it stopped working.

This is a pattern of cheapness with Sterling. The ultimate NBA dirtbag and so long as he owns this team, we deserve to suck.

tense2
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^^Here here...unfortunately the fans desire better.

clipper*joe
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You know, I think Dunleavy did what he could with what he was dealt but the guy was getting paid good money if you consider what he has gotten and how long he did. DTS stood by him the whole time and all you have to do is look at how long he stayed. Hornets cut Byron Scott for less and in less time. There are always two sides to every story. DTS was not cheap when it came to Dunleavy.

SamMays
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He wasn't cheap in terms of giving him a solid contract... Dunleavy wouldn't have signed originally without proper compensation... He got extended because he was successful... All on the up and up... Good for Dunleavy and good for DTS... But this business of not paying and then getting sued by and countersuing the people he fires is something else again...

I'm sure Del Negro is getting compensated fairly... As it should be... But when Del Negro is fired with a year on his contract, he should be paid. Sterling will end up in court over that too... Just watch.

ClipfanSince88
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^^^ And he got a longer leash than most guys to in the NBA these days. I can't think of any other franchise that would allow a guy to last for 7 years with only one playoff appearance. But I guess the difference is that most other franchises pay guys what they owe them after firing them.

SamMays
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^^^ Yes... And, you have to remember, one playoff performance in seven years is outstanding in Clipperland... But, the reality is, Dunleavy was very successful when he first got here. He deserved his extension.

Dunleavy's problems started with injuries and his own ineptitude as a GM by bringing in low-character guys in an effort to win now.

checkdafool10
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get this guy out of our lives already jeez

LABraves4Life
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Sterling is such an idiot! He did this a decade ago when he fired a coach and reached a private deal that I'm sure saved him some loot. Now he is doing it with Dunleavy, BUT talk about bad timing. It happen right before the Clippers tried to use their $18 million in cap room to sign top tier players. Oh, and they were also trying to negotiate a deal with a top tier coach. BAD TIMING STERLING!

You should have paid Dunleavy, and maybe these stars would actually come play here. The extra wins, season tickets sold, and playoff tickets sold would easily cover whatever you save by pulling this cheap move. Get it together Sterling!

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