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Spurs Being Sued For Resting Players VS Heat


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A Florida lawyer is reportedly suing the Spurs after coach Gregg Popovich rested four of his players during a nationally televised game against the Heat in Miami in November.

 

ESPN.com reports that Larry McGuinness alleges that the Spurs violated Florida’s “deceptive and fair trade practices law” when Popovich sent Tim Duncan, Manu Ginobili, Danny Green and Tony Parker to San Antonio rather than suit them up against the Heat.

 

On Monday, Larry McGuinness filed a class action suit in Miami-Dade County, stating that the team’s head coach, Gregg Popovich, “intentionally and surrepticiously” [sic] sent their best players home without the knowledge of the league, the team and the fans attending the Nov. 29 game against the Heat. McGuinness contends that he, as well as other fans, “suffered economic damages” as a result of paying a premium price for a ticket that shouldn’t cost more.

 

 

“It was like going to Morton’s Steakhouse and paying $63 for porterhouse and they bring out cube steak,” said McGuinness, who said he bought his ticket on the resale market. “That’s exactly what happened here.”

 

 

NBA commissioner David Stern fined the Spurs $250,000 for Popovich’s strategic resting.

 

“The result here is dictated by the totality of the facts in this case,” Stern said in a statement explaining the fine. “The Spurs decided to make four of their top players unavailable for an early-season game that was the team’s only regular-season visit to Miami. The team also did this without informing the Heat, the media, or the league office in a timely way. Under these circumstances, I have concluded that the Spurs did a disservice to the league and our fans.”

 

Stern also issued an apology to fans shortly after Popovich’s decision to rest his players became clear.

 

“I apologize to all NBA fans,” Stern said. “This was an unacceptable decision by the San Antonio Spurs and substantial sanctions will be forthcoming.”

 

Popovich, who had strategically rested players before without incurring a fine, didn’t see anything wrong with resting his players against the Heat.

 

“We’ve done this before in hopes of making a wiser decision, rather than a popular decision,” Popovich told reporters, according to the San Antonio Express-News. “It’s pretty logical.”

 

Stern’s fine drew criticism from broadcaster Jeff Van Gundy and Celtics coach Doc Rivers, among others.

 

It’s difficult to believe this lawsuit will prove successful. The Spurs who did show up didn’t exactly play like “cube steak” or chopped liver, pushing the defending champions to the final minute before losing 105-100. Of course, the “$63 porterhouse” that McGuinness compares his ticket to doesn’t quite work if he paid above face value on the secondary market. No one besides McGuinness can be held responsible for any price above the original value of the ticket and, it’s worth noting for total clarity’s sake, McGuinness paid for a ticket to a game between the Spurs and Heat, which he received. Unlike games on a nightly basis, it was even an entertaining one. If he purchased his ticket solely to see specific players, he surely assumes the risks that go with them not being available.

 

A better steakhouse analogy goes like this: McGuinness took a risk by paying premium to go to an elite steakhouse on a busy night. There, he was served a top-dollar steak that came out looking noticeably different from the picture on the menu, but still offered a top-shelf taste and was crafted as described. Is it understandable if he left a tad disappointed? Of course. Is McGuinness due exactly the steak pictured on the menu and are the Spurs legally obligated to refund his bill plus provide “economic damages”? Of course not.

 

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- By Ben Golliver

http://nba.si.com/2013/01/15/san-antonio-spurs-sued-resting-players-miami-heat/

 

The San Antonio Spurs are being sued by a lawyer who is alleging the team violated the state's deceptive and fair trade practices law.

 

On Monday, Larry McGuinness filed a class-action suit in Miami-Dade County, stating Spurs coach Gregg Popovich "intentionally and surreptitiously" sent their best players home without the knowledge of the league, the team and the fans attending the Nov. 29 game against the Miami Heat. McGuinness contends that he, as well as other fans, "suffered economic damages" as a result of paying a premium price for a ticket that shouldn't cost more.

 

Before the game, Popovich sent Tim Duncan, Tony Parker, Manu Ginobili and Danny Green back to San Antonio, saying that he believed that resting his top players for their fourth game in five days was a smart decision.

 

Even though players aren't guaranteed to play at any time, the lines are a little more blurred because teams charge fans more to attend games versus better teams. When asked how he thought the fans felt, Popovich admitted at the time that it wasn't ideal.

 

"If I was taking my 6-year-old son and daughter to the game, I would want them to see everybody," Popovich said. "And if they weren't there, I'd be disappointed."

 

It's often assumed that fans might not see certain high-profile players because of injury, but McGuinness said this was different, given that all of the top players were not available to play.

 

"It was like going to Morton's Steakhouse and paying $63 for porterhouse and they bring out cube steak," said McGuinness, who said he bought his ticket on the resale market. "That's exactly what happened here."

 

NBA commissioner David Stern apologized to fans for Popovich's decision at the time, calling it "unacceptable." Days later, the NBA, which is not named as a defendant in this case, fined the team $250,000.

 

Some might argue that the Heat's fans got their money's worth. That's because the team barely beat the undermanned Spurs that night 105-100. McGuinness said that doesn't mean a game with the Spurs' top players couldn't have been more exciting.

 

McGuinness said he didn't believe the Spurs were served with the lawsuit yet.

 

Spurs spokesman Tom James said the team would have no comment.

- By Darren Rovell | ESPN.com

http://espn.go.com/nba/story/_/id/8847216/san-antonio-spurs-sued-lawyer-resting-top-players

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I felt it was crazy for Stern to fine Pop 250k for resting them, but I understand this from a fan's point of view...if I was there, I would have been furious.

 

Right.

 

I go to a movie and don't like, but want to sue because the trailers for the movie looks good.

 

I go to a football game, billed as a battle of two offensive power houses, and it ends up being a low scoring game. I want my money back for false advertising.

 

 

Please.

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I go to a movie and don't like, but want to sue because the trailers for the movie looks good.

 

No. This is like watching the trailers starring Al Pacino with Scorsese directing, and getting Gigli.

 

I go to a football game, billed as a battle of two offensive power houses, and it ends up being a low scoring game. I want my money back for false advertising.

 

This is like going to see Packers-Patriots in week 3, and getting the backups for 80% of the starting positions on one of those teams.

 

 

 

The money this guy probably spent more money on those tickets than 90% of people here make in like 3-4 months. There was no reason to bench all 4 of the players he did. It made it blatantly obvious his intentions.

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No. This is like watching the trailers starring Al Pacino with Scorsese directing, and getting Gigli.

 

 

 

This is like going to see Packers-Patriots in week 3, and getting the backups for 80% of the starting positions on one of those teams.

 

 

 

The money this guy probably spent more money on those tickets than 90% of people here make in like 3-4 months. There was no reason to bench all 4 of the players he did. It made it blatantly obvious his intentions.

 

Cool, it wasn't a Spurs home game. There's no need to be suing them or the Heat.

 

Try again.

Edited by EastCoastNiner
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Cool, it wasn't a Spurs home game. There's no need to be suing them or the Heat.

 

Try again.

 

It's worse that it wasn't a Spurs home game. Spurs fans in Miami only get 1 chance a year to see them, and they didn't get to see their 3 best players, as well as one of their top role players. Not because they were unable to play. And the rest thing really should only apply to Duncan and maybe Ginobili, but definitely not Parker and Green. It was a statement by Pop, and while I think Stern shouldn't be fining Pop over 200k for it, I would be furious as a fan. If nothing else, those fans should get some kind of refund...they wouldn't have had to premium for a game against a bottom-feeder like Washington or Toronto, so why should they have to pay top price for Spurs team that rolled out a lineup with that kind of talent?

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It's worse that it wasn't a Spurs home game. Spurs fans in Miami only get 1 chance a year to see them, and they didn't get to see their 3 best players, as well as one of their top role players. Not because they were unable to play. And the rest thing really should only apply to Duncan and maybe Ginobili, but definitely not Parker and Green. It was a statement by Pop, and while I think Stern shouldn't be fining Pop over 200k for it, I would be furious as a fan. If nothing else, those fans should get some kind of refund...they wouldn't have had to premium for a game against a bottom-feeder like Washington or Toronto, so why should they have to pay top price for Spurs team that rolled out a lineup with that kind of talent?

 

The fans pay to see a TEAM. Go ahead and make your argument that they go to see certain players, but at the end of the day, it was a SPURS and HEAT game.

 

The Spurs almost won that game, so there is absolutely no basis to these frivolous claims this idiot is making. None whatsoever.

 

The mindset he has and the one you are using right now is what's hurting our country. There is legitimately no rational basis to suing a team that won it's [expletive]ing game.

 

The ticket doesn't say you're going to see Duncan, Parker, and Ginobili. It says you're going to see the Spurs and Heat.

 

Period.

 

 

 

 

 

Edit: If you were him, would you be suing, yes or no? I'm not asking whether or not you understand his position, but whether or not you would join his lawsuit.

Edited by EastCoastNiner
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The fans pay to see a TEAM. Go ahead and make your argument that they go to see certain players, but at the end of the day, it was a SPURS and HEAT game.

 

The Spurs almost won that game, so there is absolutely no basis to these frivolous claims this idiot is making. None whatsoever.

 

The mindset he has and the one you are using right now is what's hurting our country. There is legitimately no rational basis to suing a team that won it's [expletive]ing game.

 

The ticket doesn't say you're going to see Duncan, Parker, and Ginobili. It says you're going to see the Spurs and Heat.

 

Period.

 

 

 

 

 

Edit: If you were him, would you be suing, yes or no? I'm not asking whether or not you understand his position, but whether or not you would join his lawsuit.

 

 

Yes sir!!!

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