For the bullet summary, please go here. To contact your MP regarding the Veto issue, please go here. Click here to file your complaint about the Veto of the MLSE (Maple Leafs Sports and Entertainment) to the Canadian Competition Bureau (CCB).
The title of this article is the case Judge Baum is likely building against the NHL…..It may be his reason to support the bid that he has intended to support from the beginning of this case……He has structured his court and the evidence allowed to do just that…
I can’t stop thinking, and I can’t stop writing.
And thanks to my friend, Patrick Romanoski, he feeds more ammunition of extreme interest and value so often, he likely knows I can’t resist either. We often have the conversation, “Do you want this one (article), cause I would love to write on that!” I guess I’m lucky, because Patrick likes to ensure his pieces have well thought out arguments. Me, I just rap it off and hope it makes sense. Much like I’m doing now. I just can’t help it, it’s juicy!
Patrick has done it again. He popped out a National Post article on the savvy, smart, and well respected Judge Baum.
I’d have to say when they picked Baum for this case, they were likely thinking they should give it to a judge that will be so thorough and commanding that an appeal is rather unlikely to succeed.
If you can help write law for another country’s bankruptcy code, and have written several books on the matter, then you are no doubt well respected in Arizona legal circles, wouldn’t you agree?:
Along the way, the 61-year-old has had a hand in writing the Czech Republic’s bankruptcy code and authored several books, including one on Arizona collection law and another on Arizona civil remedies. He has also penned multiple articles for legal journals and given speeches all across the American southwest on an array of topics, from commercial law to litigation to foreclosures.
Judge Baum was listed among the top 10 outstanding bankruptcy judges by Turnarounds & Workouts, a respected bankruptcy publication, which described his experience this way: “Excellent practical experience in large cases; consensus builder, but makes tough rulings to break deadlocks; great rapport with practitioners.”
Yesterday’s article (‘Coming Full Circle’) was about something that hit me also. As mentioned before, I have a web stats service that logs who visits, when, where they go, etc. If you are into websites you know what I am talking about.
Well, the case has been a long one, and when I went back to the original article on the U.S. bankruptcy trustee coming into the case, I read the article and put it away.
It wasn’t until yesterday some of the site hits were making sense.
A visit from the U.S. Department of Justice came I’d say about a month or more ago. “Why?”, I thought.
I had not pieced together the fact that the U.S. Trustee for bankruptcy office is part of the U.S. Department of Justice. Bingo! That was it!
It then occured to me that this case was under investigation.
I want to clarify yesterday’s article some more in light of this National Post article, because it backs up further the fact that the NHL never got beyond satisfying the judge on the issue of “trying to control the outcome of this case”.
Let’s call it legal manipulation. Let’s call it disrespect for the court.
What is interesting is Gary Bettman himself finally saying he would have respect for the judge’s decision. That comment came at the near end of the case, and I have to tell you, that is the first time I had heard him say that. It was a moment that was as odd as the procedings in this case seemed to have been. So strange being normal, perhaps I shouldn’t have been surprised.
So, during the case, we had lawyers for both sides trying to convince Judge Baum that he should buy their story. They were looking to win a battle. The press would then jump on the slightest ruling, and make the bold statement that it didn’t look good for Jim Balsillie, or some other comment based on a completely isolated event.
As Richard Rodier, Jim Balsillie’s lawyer had said, it is better to stay calm, and not let the twists and turns bother you. Some days will seem good, and some bad.
Well, we can all relate to not knowing why anything was coming off in the court and the case the way it was. It was an emotional rollercoaster.
“Hey, why didn’t they put Richard Peddie on the stand?”, we might have said. I know I did. No deposition for Peddie, when us folks in Hamilton wanted to prove that the MLSE and the Leafs had a veto right, and we wanted them to admit it.
Why did Bettman and Daly get to be deposed, but not Peddie? And, why Craig Leipold? Peddie would have been better for some reasons. If you give us Leipold, why not Peddie? How frustrating it all seemed.
Well the thinking from yesterday was more confirmed by this National Post article on Judge Baum.
Did he indeed have his mind made up early? Well, an early decision seems to be supported in this thinking:
Oliver Wendell Holmes Jr., the distinguished American legal thinker, long-time Supreme Court Justice and prolific author of legal opinions that continue to be cited long after his passing in 1935, spent a lot of time thinking about judges.
Justice Holmes understood that those on the bench were human beings, above all. And he believed judges invariably decided a case within the first 15 minutes of starting it and spent the rest of a trial arming themselves with facts supporting their initial view.
Remember at the very outset? Judge Baum asked the NHL to show the bidders because the only bid he saw was that of PSE’s?
Well, in the last days in court, Judge Baum argued with the NHL that the other bidders were “just hanging around”, and that they were not serious.
So, did Judge Baum know that the NHL was just trying to make it look like there were other bidders, and knowing full well the only good faith bid was that of PSE? I would have to say yes.
The U.S. bankruptcy trustee came, and seemingly disappeared. But the visit to my site some time into this case would suggest she was around, just not to be seen. Working hand in hand with Judge Baum perhaps?
We all forgot about her (Ilene Lashinsky), didn’t we?
There was a case alright.
How about Craig Leipold’s testimony that Judge Baum was so interested in, and questioned the mistakes Leipold made. Baum wanted to see full depositions for study.
Baum also questioned the NHL constitution. Baum asked why wasn’t article 4.3 removed? We have Leipold in one document telling Balsillie he thought there was a veto power, and in another in deposition, Leipold claims that he never said that. The failed Nashville deal was critical in the NHL’s character assasination of Balsillie. They failed to convince the judge the vote was based on true facts.
The point is, Judge Baum was filling in the pockets. He was solidifying his own case. The case he knew the outcome at the early stages, but needed his own reason to give the court.
Would we be surprised to learn that the U.S. Bankruptcy department and the Department of Justice has been assisting in this matter? Not at all.
Would I suspect that to be the case? Yes, based on the evidence.
And, I’ll go one step further.
I didn’t disclose other ‘authorities’ that have visited my site over the past months.
But a word of warning.
This case may not just affect the ruling of a hockey team, who owns it, and where it will play.
The other friends of Glendale involved in this case had better ensure they are ‘legally clean’ too.
The four months this has been going on could include multiple investigations on multiple fronts.
The civil case that Jerry Moyes would have against some colluding partners in Glendale is only one aspect.
The other would be even more worrisome.
Perhaps some people better join those already in the ‘bushes’.