This should be a matter of straight contract interpretation--Specific Performance is negotiated for in the lease.
"Unclean hands" might be an equitable defense where there's no contract at issue. But I think the Judge will have a very hard time letting Team OKC out on that basis.
It's been unclear to me through all this whether "undermining your tenant" is actually a crime, or if it's just unethical. If it's a crime, I should have filed suit against some landlords in my day.
If it's merely unethical, then it's tit-for-tat with Bennett's buying the team and lying about his plans to keep it in Seattle. That means Ceis' machinations aren't "chicanery", merely efficient. (And I have no use for basketball or the Sonics.)
I don't think anything in a closing argument is evidence. Anyway, my guess is that such behind the scenes drama won't affect who the judge rules for but may affect the remedy, if any (which might mean the city loses even if it wins).
agree with #1 here - it's about Specific Performance - though the Judge may well comment to this issue.
There will/should be significant pressure on Mr. Ceis to resign. I'd be surprised if it's not already underway - this has been par for the course for his nibs Mr Ceis, and time for it to stop
Wait -- PowerPoint? No wonder the team's leaving. Nothing good has ever come from a PowerPoint presentation. The Iraq War was started with PowerPoint.
There won't be pressure on Ceis to resign unless the City loses big-time. Ceis has never smelled like a rose--and doesn't view it as part of his job description.
I forget - is this a jury trial or just decided by a judge?
If by a jury, the evidence presented to them may not match what we here on the outside "see" - and they may decided solely on that limited presentation.
If by a judge ... is said judge up for election soon?
Cause if they are and they rule for the Sonics, they're going to find out how we rule ...
WIS: Bench trial in federal court. Thankfully, federal judges don't face election.
NapXIV: Many contracts call for specific performance (e.g., employment contracts, service contracts), but few are specifically enforced. It is generally a bad idea to hold someone into a soured contractual relationship if they can be made whole with money.
Yeah, but it seems that "unclean hands" is the brunt of OKC's defense, against any sort of equitable remedy (which specific performance would normally be, if not spelled out as a contractual remedy).
Much as I'd like to see Ceis pulled apart on a rack, I doubt OKC's red herrings are going to sway the judge. But we'll know tomorrow....
1. Notice how Ceis doesn't answer the questions. I never saw that power point isin't the same as I never discussed the strategy in the power point.
2. Obviously the judge thinks unclean hands is a defense to the city trying to enforce its contract rights; why else did she hear all this testimony on unclean hands if she thinks it is not relevant?
to would have been totally irrelevant.
3. If City loses I think city has to pay attorneys fees.
How about asking city employees who were in on the poison the well plan to contribute?
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