I would develop an alternative argument for ELDER ABUSE. If in fact, Sterling is suffering from dementia as his wife asserts, than he was clearly taken advantage of, and suffered severely as a result. If he is not suffering from dementia, than his wife is wrong and I would move to set aside the indemnity clause between the NBA and his family trust.
Here are three reasons why an elder abuse claim would work.
1. The media loves it. Elder abuse is the latest and hottest legal trend in America today. It would likely bring much needed light to the elder abuse problem and encourage more elder abuse legislation.
2. Elder abuse has very little case law and the court’s are still struggling to determine how to handle these cases. That means the judge would likely tread carefully and be more apt to grant a restraining order to keep the status quo until things can be figured out. The case would drag on as the judge would always need “more information” before making a decision. There are significant grey areas in these cases since whether or not someone is “too old” to make a decision or not is subjective.
3. If Sterling’s goal is retribution, than he has nothing to lose. It would alter the tone of the case from business to personal. Personal lawsuits cause more pain on everyone including judges, attorneys and especially witnesses. They bring out the worst in the legal system. Attorneys will make personal attacks on each other. It would bring tons of emotion into the case. If Sterling is looking to stir the pot, an Elder Abuse claim would add the much needed spice to the litigation.
There is incredible potential for abuse by those who gain control from findings of mental incapacity.