Quote:
Originally Posted by OKCMallen
I think you're conflating damages and specific performance. Basically, there will be no "damages" if the team is held to specific peformance (i.e.- Sonics have to play out the lease). They would have fulfilled their contractual obligation as defined and mandated by the court, so how would there be a breach or damages?
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If specific performance is ordered, the city might be going for attorney's fees. I guarantee you that the issue of damages won't be dead either way. It'll be still alive, but as I said, vastly different. How I know this is that there are biglaw (spelling intentional) firms on both sides of the case. They will never not file a motion when it is possible to file a motion (regardless of the merit of that motion). Those guys are in the game for one reason and one reason only -- to bill their rich clients for as many hours as humanly possible.