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account of cognitive impairment
in Nutzungshinweise für Gäste und Mitglieder 25.10.2019 04:52von Cl11234566 • 65 Beiträge
MALMO, Sweden - Thailands Thongchai Jaidee quickly won a playoff against Stephen Gallacher of Scotland and Frances Victor Dubuisson to clinch the Nordea Masters on Sunday. Jaidee birdied the par-5 18th at PGA Swedens Lake Course while Gallacher and Dubuisson could only make par. Earlier, the 44-year-old Jaidee hit six birdies and an eagle three on the 11th to finish in 7-under 65 and an overall 16-under 272 for his sixth European title. "I worked hard today," Jaidee said. "I started with three birdies in a row, had another one on six, then a good comeback on 11." He said he was nervous on the last few holes. "The golf course is wide open, you have to hit good golf shots and the weather helped a little bit," he said. Dubuisson could have avoided the playoff with a birdie on the 18th, but three-putted from just off the green for a 67. Gallacher (68) appeared to be out of the race when he bogeyed at No. 17, but he converted from 20 feet at the next. Second-ranked Henrik Stenson (71) shared the lead with Englands Eddie Pepperell after the third round. The Swede found himself needing an eagle on the last to win his home title for the first time but bogeyed after pushing his second off the green and ended fifth behind Robert-Jan Derksen (65) of the Netherlands. Pepperell (72) went in water at the same hole and finished tied for sixth. Jason Varitek Jersey . Pace had a career-high 10 sacks for Rex Ryans defence-- second only to Muhammad Wilkersons 10 1/2 -- in his sixth season with the Jets. The 33-year-old outside linebacker was an unrestricted free agent. Juan Centeno Red Sox Jersey . For the Bombers it has been a combination of things coming together at the most inappropriate moments in time. Quarterback, injuries, Canadian talent or depth and leadership are all issues. Trust me when I say being a Bomber is no fun right now in a city that embraces football the way Winnipeg does. While Buck Pierce will be getting another shot, I think Max Hall does deserve another opportunity. https://www.cheapredsox.com/1041z-josh-t...-red-sox.html.Y. -- Mike Zigomaniss goal at 5:53 of the third period stood up as the winner as the Rochester Americans hung on to defeat the visiting Hamilton Bulldogs 3-2 on Saturday in American Hockey League action. Josh A. Smith Jersey . Dragic was a game-time decision because of a sore right ankle that had kept him out of Wednesdays loss at Utah, but played all but the last 10 seconds of the second half in the first 40-point game for a Phoenix player since Amare Stoudemires 44 on March 19, 2010. Craig Kimbrel Jersey . As each game passes (each has played close with the exception of last night) it becomes clearer just how evenly matched these two teams are and how one mistake, or one bad inning, is likely to sway the result.It has been announced that the Los Angeles Clippers have been sold to former Microsoft CEO Steve Ballmer for $2 billion. Don Sterling purchased the San Diego Clippers in 1981 for $12 million before moving them to Los Angeles in 1984 (without the permission of the league, by the way). The team had a number of suitors, including Oprah Winfrey, David Geffen, Larry Ellison, Magic Johnson (known to many for his show The Magic Hour), Grant Hill, Sean Combs, Floyd Mayweather Jr. and Matt Damon (but no Ben). While a deal has been announced, the sale of the team is not finalized. The key issue that will need to be addressed before the team can be sold is the likelihood of Don Sterling objecting to the sale of the team by way of a court action. Contrary to what you may have heard, the Clippers are not owned by Sterling personally. The team is actually owned by the Sterling family trust, which would include his wife Shelley. Assuming that Don Sterling has control over the trust, he would be the one with the sole authority to sign off on the sale. However, ESPNs Ramona Shelburne has reported that Don Sterling has been declared by "medical experts" as "mentally incapacitated." As a result, his wife Shelly has obtained sole power over the trust. A court, though, will generally hold a competency hearing and make that ruling. Given the speed at which this sale has been handled, it would be a surprise to learn that such a hearing was held. Rather, it seems he may have undergone a psychological assessment. As a result, should Sterling not agree to sell the team, he could turn around and sue the league. If he is indeed not mentally incapacitated, he would argue that his wife Shelley did not have the authority to unilaterally sign off on the sale of the team. Sterling could also argue proportionality: the punishment doesnt fit the crime. While his comments were disturbing, he would argue that they were made in private, illegally recorded and nothing unlawful was said. As a result, compelling the disposition of the team is too severe a penalty. As far as the NBA, it has reasonable arguments to make to strip the Sterling family trust of its ownership stake in the Clippers. Bottom line is that the NBA Constitution provides that an owner cannot do anything that "adversely" affects the league. With sponsors, players and fans all reacting negatively to Sterlings comments, the NBA is arguing that his comments adversely impacted the leagues economics and reputation. Remember the focuus is not on what Sterling said, but on the impact his comments had on the league.dddddddddddd A fine distinction but a distinction nonetheless (and one that allows me to pay my mortgage). Ive also been asked whether Sterling could argue that he shouldnt be forced to sell the team because he was mentally incapacitated at the time he made the comments. This defence was not raised in his written submissions related to his June 3 hearing where the league will look to strip him of his ownership stake. However, that does not preclude the introduction of this defence at a later date. That being said, such a defence would be difficult to make out. The NBA Constitution doesnt care if you intended to do something, but only that is was done. The NBA Constitution provides that an owner cannot do anything that will "affect" the league "adversely". The introduction of the term "affect" and the absence of language requiring intent or a certain mental state of mind make a mental incapacity defence challenging. So even if Sterling did not have the intention of making those comments on account of cognitive impairment, the leagues rules focus on the impact or result of those comments. On the other hand, if Sterling does not oppose the sale of the team, the NBA will want him to sign a release waiving all claims against the league arising from this case. Basically, the league will want his guarantee he wont sue. Since a lawsuit could be worth billions, this release is pretty important. There has been some talk that Shelley may want to stay on as a part-owner. The NBA wants the Sterling name permanently disassociated from the team so that wont fly. The league will therefore want an assurance from Shelley that she is out. The hearing to strip the Sterling family of its ownership of the team (or as the league calls it, its NBA "membership") is scheduled for Tuesday June 3. At the hearing, the league will need 22 of 29 owners to vote to remove Sterling. Assuming the league has the votes (a pretty safe assumption), Sterling would be removed as owner immediately following the vote and Commissioner Adam Silver would take over control of the team. Its that quick. In light of the potential sale of the team to Ballmer, the league is likely to postpone the June 3 hearing if it has assurances from Sterling that he will not oppose the imminent sale the team. If, however, the indication is that Sterling is prepared to fight, then expect the hearing to proceed on June 3. ' ' '
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