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To: AEMILIUS PAULUS
Even under arbitration clauses a person is entitled to a hearing.

Agreed. That is Sterling's best argument.

I would consult a top lawyer

I'm sure he's already consulting several.

on the theory that the penalty is out of proportion to the wrong. There was a 1993 case involving punitive damages or a penalty that the court, If I remember correctly said was wrong.

The punitive damages cases are probably not going to help him here; the $2.5 million penalty is an amount specifically authorized by the NBA Constitution, and the ban on owning the team is arguably not a financial penalty at all, because he can sell it for a hefty profit. Sterling may well litigate this, but I doubt he will do any better than George Steinbrenner did when he sued to overturn the Commissioner of Baseball.

29 posted on 05/01/2014 5:21:54 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
Courts have struck down penalties deemed "unconscionable" even if the amount is specified in a contract clause. The general principle, if remembered correctly, being forfeitures and/or excessive penalties are not favored.
31 posted on 05/03/2014 7:59:28 AM PDT by AEMILIUS PAULUS (It is a shame that when these people give a riot)
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