Tuesday, December 7, 2010

The countdown is on.

As we wait for colored smoke to emanate from Judge Scott Gordon's chambers, so to speak, it's quite apparent that no last-minute settlement will keep the fate of the Dodgers out of the court's hand. Not yet, at least. The Times' Bill Shaikin has a nice summary of today's possible outcomes here, and the takeaway is this: while Judge Gordon's decision resolves the single most important moving piece in this litigation, the controversy won't end here unless the parties so desire.

Yes, there is the likelihood of future legal challenges. If Frank wins, Jamie will say that the MPA might have given Frank title to the Dodgers, but it doesn't prevent her from seeking money from Frank to make up for the disparity in assets. If Jamie wins, Frank will say that, as the Dodgers were purchased with clearly-traceable proceeds from a sale of an asset he owned prior to the marriage, the club should be his despite the failure of the MPA. And either party, in a loss, would surely contemplate appealing the decision, as well as potential litigation with the law firm Bingham McCutchen.

As Shaikin notes in his piece, a possible effect of today's ruling is that removing the debate over the MPA could pave the way for more productive settlement negotiations. The theory behind this isn't complex: with the main issue resolved, the parties will likely have more similar evaluations of the case than they did before. This would make it easier to reach an agreement on how to end this drama peacefully and permanently.

Back later today as events warrant.

1 comment:

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