Elgin Baylor, Truly One of the Greatest of ALL-Time, Still Pursuing Discrimination Case Against Donald Sterling and The Los Angeles Clippers.

Elgin Baylor probably the first "high-flyer", superstar, Hall of Famer, scored 71 points in a regular season game and 61 points in a playoff game, is involved in a legal fight I don't think he can win. His discrimination case against the Clippers and Donald Sterling (one of the worst owners known to mankind) resulted in a defense verdict(jury) in March of this year.
He apparently won't let the case die and has hired top -shelf counsel to seek a new trial. Usually a long-shot at best. So why is Baylor pursuing the case? Because Sterling is a racist? Because he was treated unfairly ? Because he gave his heart and soul to the franchise that just discarded him? Pride ? He needs the money(I doubt it) ? Whatever the reason ,I hope he takes his " best shot " , win or lose and moves on .
He was a great player and a good executive...Still relatively young at 77...Had an amazing career[40 years].
Elgin my friend some advice. Live your life, move on and help put things in place that will protect the next " Elgin Baylor "! But, as Kenny Rogers once said ," You got to know when to hold em, and know when to fold em ".
You were the greatest!

Boston Red Sox ; Are We Talking Fried Chicken and Beer Because It Has No Place in Baseball, Or Because the Sox Collapsed?

Well the latest scandal to rock "Beantown " is none other than "Beer and Chickengate"! Been all over the sports airwaves, of course talk radio in Boston is eating and drinking it up. So here's the facts as I understand. Beckett and Lester on nights when they weren't pitching were actually eating fried chicken and drinking beer while the games were still in progress. Let's dissect this. Nothing wrong with eating fried chicken in the clubhouse or in the bullpen while the game is in progress, although if it was done in the bullpen it seems a bit tacky. Hey, Wade Boggs credits his eating chicken every single day helped get him to the Hall of Fame.
So now lets talk about the beer drinking . It's alcohol, it's professional sports, family entertainment, role models,etc ....and frankly alcohol and athletics are not good partners. Look stories have been told for decades of Mantle and Whitey Ford coming to games drunk , hungover or both. But let's call a spade a spade. Baseball is a passive game activity-wise, endurance-wise and energy-wise compared to football, basketball and hockey. Having said that I would hate to have to try to get out of the way of a "high hard one in a less than sober state . Oh but let me add, there were no allegations of being inebriated or playing while drinking.
So at the end of the day we have two of the best pitchers in baseball, playing for one of the best franchises in baseball , eating fried chicken and drinking beer during games on their days off . Bad manners yes . Unprofessional yes. Arrogant, yes. No way to behave as idolized professional athletes[role models], yes. Violating rules of MLB? Maybe.
But then again, I can guarantee you one thing. If the Red Sox had won the pennant, Lester and Beckett would have had fans lining up to deliver beer and fried chicken to them in the dugout . Maybe ribs too(lol). And remember the old adage..."Winning cures all of the world's ills". Collaspes in September do not. Your thoughts?

World Series; First Two Games, Great Pitching..Great Drama.

Well , it looks like we got ourselves a series . Tied at one a piece...Going back to Texas for game 3. I have to say, two classic pitching matchups. Fantastic comeback by Rangers last night !
So Saturday night we go to Texas and get to see George Bush every 5 minutes on tv stuffing his face , sitting next to the Great Nolan Ryan.(blowing his nose every 5 minutes).
And you know what? There is one very happy Secret Service detail who is having its collective arms twisted to attend the World Series.(lol).
Only in America!
Steve Goldman reporting.

NBA Talks; I Have No Sympathy For Either Side...But I Definitely Am Having Withdrawl Symptoms!

Well, finally there appears to be some meaningful NBA discussions taking place. Torture if you ask me. You won't get any sympathy votes here. The thing that really irks me is the way collective bargaining negotiations are handled. They wait till the last fu_in minute, make the fans suffer and then settle when they start experiencing life without a paycheck. The system is broken!
Anyway, I have a confession to make...Despite what I said earlier...With the Yanks on vacation, the Jets and Giants plodding along and a Cardinals-Rangers World Series...I'm bored.
I miss NBA hoops. I yearn for it. I need it. I want my mommy(lol)...
Settle the damn thing already.

Reporting NBA analyst Steve (mad-dog) Goldman.

Let's Try "Tag-team Wrestling; Harbaugh and Schwartz and Romney and Perry..!

Being emotional is good. Being "into it " is good. Being energetic and giving your all are also admirable traits. But losing control , and "getting in other people's space " is not cool and frankly is embarassing !
That's exactly what happened Sunday and again last night . Right after the 49ers beat Detroit , the combination of Harbaugh's gloating (slap on the butt) and Schwartz being an emotional loser...led to Schwartz " going after Harbaugh on national tv...creating a huge scrum of players, coaches and officials. Uglyyyyyyyyy. Not even Belichick and Rex Ryan behave that way.
Then last night Romney and Perry during the debate...dragged each other "under the bus " in not so "Presidential like conduct". Physical contact, personal attacks...Heat of the moment getting the better of both of them last night. Obama's camp probably was eating popcorn and cheering em on!
So this morning over coffee, I figured out a way to settle these situations , once and for all . Next Monday night , at halftime of Monday Night Football, we'll have a live tag-team wrestling match. Highest ratings in the history of sports..I promise! So here's the matchups..Harbaugh and Perry vs. Schwartz and Romney . Should be a doozy. Oh and I hate to kill you with this visual image, but "all participants " will be required to wear "sumo-wrestler gear". Yikes.
See you next Monday...And remember, no wedgies!

Kansas City Bishop Indicted....Prosecutors Should be Praised.

This past Friday a Grand Jury in Kansas City "handed up an indictment" of a Roman Catholic Bishop and the Diocese of Kansas City-St. Joseph . The Bishop Robert W. Finn was charged with a misdemeanor for his failure to report abuse within his Diocese. In essence he not only covered up for an active pedophile , but continued to allow the "predator priest" to interact (unrestricted) with children. I can't make up my mind whose actions are more despicable!
The important message of this story is that local prosecutors took the ballsy step of convening a Grand Jury and obtaining an indictment of a high- ranking Church Official whose blatant inaction allowed this pervasive behavior to exist. The indictment is stating loud and clear that neither the behavior nor "looking the other way " will be tolerated.
Maybe, just maybe, next time an acting Bishop will think twice before turning a blind eye to this type of deviant behavior. Your thoughts?

Alabama Deja Vu...Yes Demonstrations Again..This Time Over New Proposed Alabama Immigration Law!

Well it's not 1963 . And no Birmingham is not the "epicenter " of the Civil Rights demonstrations . But yes it is 2011 and Alabama is again the focus of marches and protests. This time over HB56( Alabama Immigration Law) and it's provisions dealing with proof of lawful residency in the U.S. , tracking of immigration information about newly enrolled students, immigration status checks during traffic stops and contracts with illegal immigrants or government business transactions. If only Dr. King were with us now.
The 11th Circuit Federal Court of Appeals(to its credit) this past Friday stayed the sections of the statute which had required proof of lawful residency in the U.S. and that provision tracking immigration information about newly enrolled students. The other provisions remain intact.
The legal challenges will almost certainly reach the United States Supreme Court. But for now , more power to the protesting students at University of Alabama at Birmingham.
Make us proud!

DSK Cleared Again in France...Interesting Legal Question, Will Details of 2003 Incident in France be Admissible in New York Civil Action ?

Well it looks like DSK has nine lives (What is another name for cat? ). Yup after an investigation by the French Authorities of an alleged 2003 incident (Inspector Cluseau probably), they decided not to prosecute. As Gomer Pyle once said,"surprise, surprise ". They cited the three year statute of limitations as the overriding reason. Tough to argue with that. But, as I read it, the report may have found merit to some of the "sexual assault allegations". So the criminal side of DSK's legal problems are over..Now to the civil side.
Will be interesting to see if "the victim's " attorneys will be successful when they attempt to introduce details of the 2003 incident in their pending case to show notice of DSK's "voracious sexual appetite ".Did anyone say all you can eat?
As I see it, plaintiff's counsel will definitely seek this information via documents and testimony during discovery. This will surely be met with a motion for a protective order. Even if they get the discovery, their attempts at admissibility will definitely be met with an in limine motion(motion to preclude) by the defense.
Good stuff for the bar exam.
Anyway, DSK lives to "blow " dry his hair for another day, and to plan his next international "sexcapade ". He says he's sick of hotel maids..Looking at hotel masseuses now.
This has been your legal analyst Steve Goldman.

Raj R Sentenced to Eleven Years.

Raj Rajatnaram was sentenced to 11 years today. Will probably have to serve 7 and change. Prosecutors actually sought a sentence of 20 years...So it could have been worse. Do you think the prosecution was actually unhappy with the sentence?
So now the appeal process takes over, Raj tries to stay out of prision pending appeal and eventually the Second Circuit Court of Appeals will rule.
Remember, it aint over till the fat lady sings!

Fred Shuttlesworth , One of Civil Rights " Big Three " Dies at Age 89...Now that Was a Man!

How would you like to be the target of bombing two times, be arrested 35 times, knocked unconscious and have your wife stabbed? And for what? Because you were a black man in the 1950's and 60's in Birmingham, Alabama who was intelligent, tough, energetic, relentless and who dedicated your entire adult life to addressing racial injustice, bigotry and segregation in the south and in America ! Well if you were describing Fred Shuttlesworth...You described him perfectly.
In 1957 he joined with Martin Luther King and Ralph David Abernathy to form the Southern Christian Leadership Conference. Not as well known as King and Abernathy, Shuttlesworth energized by Brown vs. Board of Education, was the most aggressive of the three, while King was the most public and conciliatory. Their efforts in 1963 resulted in massive demonstrations in Birmingham.
The Civil Rights Act of 1964 became law and the rest is history. While the "civil rights movement " was well planned and was supported by the efforts of thousands, Shuttlesworth gave his all(and more) to end segregation and racial injustice . Now that was a "man"!

Al Davis Passed Away; Great " Football Man " No Doubt , But Was He a Great Man ?

Al Davis passed away this past week at the age of 81 . Grew up in Brooklyn, attended Erasmus High School(So did my dad and Barbara Streisand), coached in college, the pros, became the AFL Commissioner, then GM , CEO and owner of the Raiders. Won 3 Super Bowls(his teams played in 5) . Instrumental in bringing about the merger ! First owner to hire a Latino head coach, African -American head coach and female CEO. NFL " public enemy #1 ".
So professionally he was a stud...What about Al Davis the man?(Or doesn't that count anymore ?) I couldn't believe my eyes when I read the Sunday New York Times yesterday. Front page story on Al Davis . Front page Sports Section Al Davis. At least one(maybe 2) stories in the Sports Section as well. Did A Fu_in President die? The stories all portrayed a man bigger than life.
But in reality wasn't Davis noted to be sneaky, devious, unfair, dishonest, a cheater, an eavesdropper, a bully, arrogant, a backstabber, untrustworthy, selfish, hated, a self-promoter and disloyal all in one? Yes he produced winners. Yes he was successful and rich. Yes he was feared at times.
But at the end of the day was it all worth it? Not character traits I want to instill in my kids.
So let's call a "spade a spade". Al Davis should be remembered as a pioneer in Professional Football who was a nasty , old son of a gun! Your thoughts ?

Those Who Practice in Federal Court Beware; Come December All of the Expert Testimony Rules Will Probably Be Amended.

For those of you who practice in Federal Court , you constantly have to make it a point to be intimately familiar with the Federal Rules of Evidence, Civil Procedure , Local Rules , etc. Well don't blink now. Come December there will be some changes regarding expert testimony in Federal Courts that you definitely want to learn and become familiar with.
The text of the "restyled rules" can be found at :www.uscourts.gov/RulesAndPolicies/FederalRulemaking/PendingRules.aspx. You owe it to yourself and your clients to understand the changes.
Don't sweat it though, nothing truly substantive in the amendments as I understand. But , you don't ever want to be put in a compromised position by not knowing them.
Good luck!

Yankees, Season on the Brink...Would You Want A.J. Burnett on the Hill?

This is why they call it the post-season. Anything can and does happen . Winning almost 100 games in the regular season. Don't matter ! Three guys with over 110 RBI's. Don't matter ! Potent lineup ...Don't matter ! Pitching wins in the post-season , plain and simple..Averages drop, starting pitcher deficencies are magnified. Well, welcome to the Yankees 2011 post-season!
Down 2-1, due or die..Can A.J. Burnett live up to his potential (not to mention his $16 million annual salary) and get the series back to the Bronx for game 5? Short answer yes!
My prediction..A.J. will have the fastball and nasty slider working , go 7 strong and will surrender 2 runs or less. With expectations way down, all " the enigma " has to do is go out , throw and enjoy himself . So get yourself a cup of black coffee , a prayer book and enjoy!
Lets go Yanks. Lets go Yanks!

More Madoff; Judge Rakoff Dismisses The Majority of Claims Against Met Owners.

In an 18 page decision Federal Court Judge Jed S. Rakoff dismissed almost all of Trustee Irving Picard's claims against the New York Mets owners leaving standing only the fraud and equitable subordination claims. Quite a blow to the Trustee and his legal team. The Court also ruled that the Trustee can only recover principal from the defendants if he can show defendants " willfully blinded themselves to the fraud". Easier said than done !
All in all , the biggest win the Mets have had all year !