An attorney for Donald Sterling once again raised questions Monday about the legality of the inflammatory audio recording of the former Clippers owner that led to the sale of the franchise.
In a filing in U.S. District Court in Los Angeles, Maxwell Blecher argued that last week’s countersuit by the NBA against Sterling stemmed from the recording made public in April and that “its use as evidence is absolutely barred.”
“There is or will be no serious dispute that this recording was made secretly without Mr. Sterling’s consent,” Blecher said in the two-page declaration that requested more time to respond to the NBA’s filing.
Sterling sued the NBA over antitrust violations in May. Last week, the NBA countersued to enforce agreements that Sterling and his wife, Shelly, signed to indemnify the league. The NBA claimed the former owner’s comments about blacks resulted in “devastating and incalculable harm” to the league and sought damages from Sterling.
After Steve Ballmer’s purchase of the Clippers closed last week and the state's 2nd Court of Appeal rejected Sterling’s last-ditch appeal to block the sale, the former owner’s attorneys said he remained hopeful to be “completely vindicated” in the federal litigation.
Blecher asked for more time to examine the indemnity agreements and to examine whether Sterling’s removal in May from the family trust that controlled the Clippers should be litigated in the case.