Man the roller coaster:
I am as good at keeping myself level through any of this and honesty the roller coaster is crazy. As mentioned in earlier threads you simply could not write this kind of soap opera. The twists and turns of it have been amazing.
On Friday there was a sense that we had been fighting an absolutely valiant battle, but also that the plodding methodical process was simply moving along regardless. Then I felt like, while we had done a good job Clay simply held all the cards and that it would take a miracle to avert the inevitable.
Now today I feel like him and Stern have got to be asking themselves what they have gotten into.
You simply read that case and it makes sense. It sounds like a winner.
As my hotshot attorney told me today "People may say it's a long shot, but its a lot less of a long shot than Clay Bennett's case against the city."
So as of this exact moment who is more afraid.
I wonder aloud if the city may now ask to defer its case pending the outcome of this civil case. Obviously Schulz is asking for an injunction against moving the team until his case is settled.
People have been offering their praise for Slade Gorton's strategic mind. Seriously he is unstoppable. Truly a great mind. Listen to what he says and remember he is one of 10 people who were asked to assess what happened to our country on 9-11. Sure the administration did not listen to his recommendations, but do you think they would have asked if he wasn't brilliant?
The case seems to be getting stronger. As I read it Howard's good faith clause was a covenant in the purchase and sale and the contract stipulates that either party may terminate the agreement if any covenants are broken. Another Specific Performance section states that if a covenant is broken then the terminating party can seek an injunction against the other.
Amazing. I think we may have a case where Bennett's people tried to make the language of the letter very weak, but Schultz had better attorneys working the contract. It's all in there.
This is one of those amazing cases where if people had just been ethical they would have gotten exactly what they wanted. Sadly, had Clay Bennett taken the team, gone through a realistic good faith effort, done a reasonable job, but not gone great guns he could have probably proven good faith and reasonable effort, failed, and been approved to move the team. Likely he could have even slid out on the lease. Instead he goes dirty, leaves this amazing paper trail of his terrible intentions, and is left trying to explain his half-assed job. In the end honesty is the best policy.
This e-mail trail is amazing. I can't believe that they kept these. The other NBA owners have to be fuming. What the hell happens to Stern if Schultz wins his case. Is this the end of him?