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Report: 'Good chance' the NBA will countersue Donald Sterling

If you think the fight between the NBA and Donald Sterling has been ugly so far, consider that the opening bell has barely been rung.

While most of the focus is presently on the hearing set to begin on July 7 that will determine whether or not Donald Sterling is mentally incapacitated and thus whether or not Shelly Sterling had the legal right to sell the team, the fact remains that Donald Sterling is suing the league.

Should Donald Sterling be ruled competent and the sale agreement rendered void, the NBA plans to go forward with their initial strategy of terminating him as owner and selling the team on their own. If he's ruled incompetent, the sale can go forward and Steve Ballmer should be approved expeditiously.

In either case, however, Donald Sterling can continue with his $1-billion suit against the league.

According to a report from Sports Illustrated, however, the league may countersue, adding another interesting wrinkle to the situation. From the report:

Donald Sterling has sued the NBA for $1 billion, arguing claims under antitrust law, contract law and privacy law. The league, as explained previously on SI.com, is likely to prevail over Sterling's lawsuit, which in a best-case scenario for Sterling would still require several years of litigation.
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Sterling is already laying the groundwork to embarrass the NBA in court. The Associated Press reported Friday morning he has hired four private investigation firms to dig up "dirt" on Silver, Stern and owners.

The league will answer Sterling's complaint by June 23, and sources tell SI.com there is a good chance the league will countersue Sterling. The NBA could raise a tortious interference with contractual relations claim, and contend that Sterling has interfered in the business relations of the NBA and one of its franchises by interfering with the sale of the team.

Even if Sterling were to win, a victory would only pay him monetary damages, not return the team to his control. Factor in that Shelly Sterling has indemnified the league and that Donald Sterling would thus essentially be paying half of his award to himself, the "best case scenario" being a long trial makes sense.

Of course, what matters for you, the reader, is that while all of this seems likely to be sorted out in the end, it's going to get to that end via a very circuitous route.

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