Wednesday, September 22, 2010

A morning of almost.

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The entirety of the morning in court saw David Boies question Larry Silverstein under oath. Several times, Boies appeared to have Silverstein perilously close to a damning admission. Silverstein admitted to changing the Exhibit A in Frank's office the day before it was signed. Boies also caught Silverstein in an inconsistency regarding the preparation of copies of the MPA to be signed on March 31, 2004.

In neither case, though, did Boies press far enough to uncover what would be something of a smoking gun: that Frank conspired to have the documents surreptitiously switched, or that Silverstein pulled shenanigans of his own the night before.

Boies struggled to close his arguments by the noon break, and its entirely possible he might yet break out the theatrics with Silverstein tomorrow morning. Or maybe he doesn't have the sort of smoking gun it would take to effectively end the trial in one move. Assuming that's the case, the parties will head into mediation Friday with the outcome of the litigation very much still in doubt.
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Sent via BlackBerry

10 comments:

  1. Have they added another day this week? I understood that it was only three days. Will tomorrow be a full day or half day?

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  2. ya know...has anyone ever wondered if the whole idea of the divorce is planned by the McCourts due to the potential malpractice suit no matter which way the judge rules? It would be a handy way to get out of debt free then they can either "fall back in love" or go their seperate ways with even more free cash?

    I know it's kinda tinfoil hat-ish but these days, with these two, it might not be too far fetched. And the willingness to at least try mediation further shrouds their potentially real purpose...a get out of debt free card.

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  3. I may be daft, but why does it matter if Frank conspired to do anything. The MPA was signed with "inclusive" language. What does intent have to do with anything.

    If I run a red light, but didn't mean to....

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  4. Josh,

    If they go to mediation will they not have to sell the team? Would Frank become owner? I was hoping the judge would make them sell! This guy cannot come back and be owner still. He is a total and aboslute mess! How could he ever show his face again to the public as the Dodgers owner?

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  5. because he knows 3 million people will show up every season no matter how poorly the team is playing or how badly the organization is run. McCourt knows MLB is too spineless to intefere; maybe just scared of being tied up in a court battle.He most likely has FOX tv money waiting for him at the end of the proceedings, then another spending spree courtesy of the Dodgers

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  6. And I won't be one of those 3 million. I once said if any of the McCourts was the owner next year than I'm done. Three years down the drain.

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  7. I love the dodgers...what a shame...

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  8. Josh,
    Thanks for doing a great job in letting us know exactly what these two idiots are up to.

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  9. Josh,

    This isn't about a "smoking gun", or that Frank was being malicious. The "Smoking gun" was that the MPA was always a very weak contract to start with, and it wasn't designed to be upheld in a comprehensive community property state.

    There was enough problems with the contract before Mr. Silverstein was put on the stand. Now, there is more to set it aside and put the Dodgers in as community property if mediation fails..

    The "smoking gun" isn't that Silverstein switch the words "exclusive" to "inclusive" after talking to Frank, it is that he didn't advise Jamie, and both of the McCourts should had outside counsel look over the document. It is a poorly drafted contract that doesn't really consider much of California Community Property Laws...

    Silverstein has also royally screwed up by stating something on the stand that is different than his deposition, which pretty much shred more credibility on the MPA, if it survives Judge Gordon's ruling, if he rules on the case.

    Jamie's side can pretty much negotiate from a position of strength at this moment, given they have shown the serious problems with the MPA, that it should had a waiver in it for Jamie to waive her rights of the Dodgers and vice versa for Frank and the residential properties, and some sort of pay out to either party if the marriage dissolves and there is an unequal shares of assets.

    The "smoking gun" is that Frank shouldn't had gone to trial solely relying on the MPA, it was a stupid move, and it has cost both sides millions of dollars in legal fees.

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  10. Actually 3 million don't attend throughout the season, that's just how many tix are sold. Haven't you seen the games? I don't think even one game this season had a sellout crowd. Fuck McQuack.

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