Schultz is just posturing, since he the local guy who allowed the team to leave Seattle.
The is a losing deal for Schultzy.
See ya in OKC!

The sale of the team had a legal side letter requiring Clay Clay to try to get a deal done. So if weeks after the sale he is trying to find a way out of his lease and the only option for seattle is a $500 mill mega arena or else, then thats not good faith. He had free land offered and then was trying to find an arena agreement in OKC. Again, not good faith. ESPN's legal team even says that Schultz case has more then legs on it, there is a 60% chance of victory. So Thunder, know what your talking about first. Clay Clay hasnt even talked about this case becuase he is so scared that he screwed up and the NBA hasnt said anything either becuase they told Clay in emails that he may have broken the rules of the sale. Case and point, Schultz will win this case.

Clay is finally being brought to justice!

Miller it's not just a legal side letter, it was a clause written into the contract or terms of sale.

Also to anyone who thinks the courts won't delve into this issue seriously for any ridiculous reason like it's a business deal. Then you should read the Shedd vs Lamb case. The deal was rescinded years after with much less evidence proving fraud at the time of the contract. Seriously, money had been spent and properties were altered, yet it didn't hinder the court rescinding the deal in whole.

There are more cases, do some research if you want to come over to a Seattle thread and say stupid things.

Thunder...good name, very appropriate...

Why don't you add some reasoning to your claims...my arguements still stand (see the Sonics to Barons string)...interesting point brought up at the end of the string by alvin.

Does anyone have a link to the sales contract? I think the Times provided one. I would like to see the exact wording of the good faith clause.

Al,

Nice reference to the case. I looked it up and found some interesting notes below.

The trial court granted rescission of the signed contracts, stating that Shedds' consent was obtained through fraud, undue influence, and mistake. A valid contract requires free and mutual consent. SDCL 53-3-1. Consent is not real or free if obtained through fraud, undue influence, or mistake. SDCL 53-4-1. "A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it so far as the facts are known or ought to be known to the person accepting." SDCL 53-3-5.

[¶19] Rescission of a contract is available if the consent of the party seeking rescission was obtained by mistake, duress, fraud, or undue influence. SDCL 53-11-2(1) and (2). A contract voidable for want of consent may, however, be ratified by subsequent consent. SDCL 53-3-4. Equitable relief of rescission should not be granted unless the evidence is clear and convincing. Vermilyea v. BDL Enterprises, Inc., 462 NW2d 885, 888 (SD 1990).

**Undue Influence

David "Napolean Complex" Stern - "Hi Howard, this is David Stern, how's it going looking for a buyer?"

Howard - Not well, we have been having trouble looking for local ownership due to the arena situation. I have a guy in San Jose who wants to buy the team, but he wants to move the team to San Jose but I want the team to stay here so I'm stuck at square one.

David Stern - Well, you know what I know this guy from Oklahoma, he seems real honest and sincere and sweet and an all around good guy who in the limited time i've spoken to him has touched my life in a way that no one has ever touched me before. His name is clay bennett, but I call him clay clay. He says that he would be interested in helping you out and buy the team. He would make an honest, full effort to get the arena situation resolved. He will pay over market value for the team. See how such a sweet honest man he is? What do you think? I will vouch for him that he has all intentions of keeping the team in seattle and work on getting the arena situation resolved. As I told you and the Washington state government before, the key arena is a great place for basketball, it just needs some upgrading to generate more revenue.

Al,

Nice reference to the case. I looked it up and found some interesting notes below.

The trial court granted rescission of the signed contracts, stating that Shedds' consent was obtained through fraud, undue influence, and mistake. A valid contract requires free and mutual consent. SDCL 53-3-1. Consent is not real or free if obtained through fraud, undue influence, or mistake. SDCL 53-4-1. "A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it so far as the facts are known or ought to be known to the person accepting." SDCL 53-3-5.

[¶19] Rescission of a contract is available if the consent of the party seeking rescission was obtained by mistake, duress, fraud, or undue influence. SDCL 53-11-2(1) and (2). A contract voidable for want of consent may, however, be ratified by subsequent consent. SDCL 53-3-4. Equitable relief of rescission should not be granted unless the evidence is clear and convincing. Vermilyea v. BDL Enterprises, Inc., 462 NW2d 885, 888 (SD 1990).

It has never stopped amazing me that morons would run around in complete ignorance posting smack talk making themselves and their region look like a bunch of blithering iditos.

Do they really think that someone is going to read that garbage and think "gee, I should flush all the facts out of my head and buy into this Bull Crap"?

Any idiot that thinks Schutlz is "posturing" doesn't know squat about Schutlz and doesn't know that the lawyer he hired doesn't take cases that are not winners.

It is time for Bennett to wake up and smell the Starbucks. The wheels HAVE come off this deal and it is only a matter of time before he has to give it up so why put himself through the financial devastation and destruction of his personal and professional reputation?

If he were even close to an intelligent businessman he would cut a deal with the league before June 16th that gets him a future team in OKC and leaves the Sonics in Seattle. Once he starts circling the drain in the court cases the league is going to distance themselves from him and OKC may never get a team and the Sonics will still be in Seattle.

At least the lawsuit gives us a chance to be hopeful for the Sonics staying in Seattle. I'll still be able to enjoy another draft lottery. Hoping we get no worse than the 2nd pick. I have my first Son due in August & I hope to buy him a Seattle Durant jersey in the next couple of years.

Go Supes & Schultz!

Why you people so eager to keep team that play in league where integrity of officiating and historical game decision is in question or may have been fix and also game that is very slow and very very b oring.

I try to fit in but even me from third world see this strange obsession - no make sense.

John S: I believe they will be trying to prove fraud on the part of Bennett, not undue influence.

I don't think Schultz is posing at all. I think he's responding to real weaknesses in the transaction - and real failings by both David Stern and dearest Clay-Clay.

I say bring it all out into the light in court. I think Stern and Bennet are going to get a rude awakening. Their actions, in light of moving the team to an area with a much more limited fan base when they could pick up, say, the Hornets, nails 'em I think.

I think Clay Bennett will have his hands full messing
with Schultz. In fact, Schultzy's lawsuit is enough to make me think about becoming Starbucks drinker :-)

This is just Howie trying to save face. Starbucks sucks. Howie is a jerk. And Clay... well... suck it!

Howie is just trying to save the last bit of dignity he has. He's lucky he sells a legal drug or else hed be broke.....howard Schultz can suck it!!! Should of thought of this before you sold the team loser

Hey Percy..You think Howard is actually gonna come out of the Witness protection prograam and show up for these proceedings or will he just send his lawyers. Sort of like when an athlete gets a Domestic Violence or DUI and just sends his/her lawyer and they enter a not guilty plea. Do you think Howard will talk to the media? if so the first question by you or any member of the media could be..Howard when you sold the team for 350mill, and ignored offers from local ownership group to make a HUGE profit, don't you think it's Karma that Starbucks has started to lose it's shine since the sale.

The funnier court date is when the Baristas get there day in court because the Managers were skimming from the tip jars. Howard do you have no cooth??? I just want him to go in front of the media, and answer the questions Sonic fans deserve to hear the answers to.

Heres the problem with Howie's lawsuit. It appears that mayor''s office scuttled Sonic efforts for Renton arena with the legislature so as to limit them to Seattle Center.

Game, Set, and Match!

Colly,

What does that have to do with anything? The Schultz lawsuit is simply between Bennett and Schultz. Bennett signed it and committed fraud as evidenced in the E-Mails. He never intended to abide by the agreement.

Fraud, misrepresentation or breach. All he has to do is prove one.

You're right: Game, Set, Match....for Schultz.

Actually any hint that Seattle tried to undermine Clay's Renton efforts is fatal to Schultz case as a good faith Renton effort is being stymied by Seattle.

You are right that the the two cases will not determine each others outcome.

Best case for Schulz = monetary settlement eqivalent to difference between two best offers.

Best case for ClayClay = Limit monetary damages.

Best case for Seattle = Maximize monetary damages. Opportunity may have past.

Worst case for OKC = Best case for OKC = Sonics move in 2009.

Best case for Nickels = Pretend that he was interested in keeping sonics, ride the fence, and and get re-elected.

I just wanted to say that I hope that the Sonics stay put. I live in Minnesota, but I have been a Sonics fan since Shawn Kemp and Gary Payton were lighting up the NBA.

I was just in Seattle this past weekend, I couldn't help myself but feel terribly bad for the fans. From what I have read in the Seattle Times, it does look like Schultz has a shot at this. My fear is however that the City and Shultz will just take a hefty payout to let the team leave.

Seeing an NBA team play in Oklahoma just seems wrong to me on so many levels. Good luck Seattle, you have one fan from the midwest rooting for you.

Schultz could win case.

To prove fraud, you have to prove you have been harmed.

And I for one have not been buying Starbucks coffee from the time he has sold the team to the Clay Bennett group.

If all others have stopped buying for the same reasons, that would prove Schultz has been harmed, you prove fraud. Case over!