View Full Version : Bowlen's brother files court motion to remove Joe Ellis
Northman
10-25-2018, 08:21 PM
https://www.denverpost.com/2018/10/25/broncos-ownership-update-pat-bowlen-trust/?fbclid=IwAR10g49WC7tBMRdO2lTKpUO_H78qoLcqRJw5Ntpi cPMwCk4-tO17vZps2-4
Brother of Broncos owner files court motion to remove Joe Ellis, trustees from control of team (https://www.denverpost.com/2018/10/25/broncos-ownership-update-pat-bowlen-trust/)
Since Pat Bowlen stepped aside from his day-to-day duties in 2014 to battle Alzheimer’s, Joe Ellis, Rich Slivka and Mary Kelly have served as trustees for the Pat D. Bowlen Trust.
ShaneFalco
10-25-2018, 08:22 PM
total dumpster fire
total dumpster fire
That appears to be a good description of Bill Bowlen.
Freyaka
10-25-2018, 08:27 PM
Beth VS Britney begins.
Al Wilson 4 Mayor
10-25-2018, 08:53 PM
How would a brother have any authority in the situation?
Freyaka
10-25-2018, 08:59 PM
13246
Freyaka
10-25-2018, 09:01 PM
How would a brother have any authority in the situation?
None really. He's working on getting Beth in charge. His contention is that Beth is ready and the trust is violating the agreement by not stepping down and turning the team over to her.
FanInAZ
10-25-2018, 09:01 PM
How would a brother have any authority in the situation?
I'm not a lawyer, but I'd think that someone could file such a suit on behalf of anyone who is unable to represent their own interests, like Pat Bowlen is.
BeefStew25
10-25-2018, 09:25 PM
His lawyer is laughing.
Colorado4Life
10-25-2018, 09:31 PM
Brittany or bust.
Hawgdriver
10-25-2018, 10:06 PM
Interesting tidbits if you peruse NJ's twitter feed.
https://twitter.com/@NickiJhabvala
Simple Jaded
10-25-2018, 10:10 PM
Someone mentioned that Beth Bowlen insists that she’s met the criteria and wants to take over, and that the Broncos don’t want her to take over ... can’t remember who ... maybe slim knows who that was.
Btw, **** Joe Ellis. Good riddance.
Hawgdriver
10-25-2018, 10:16 PM
Someone mentioned that Beth Bowlen insists that she’s met the criteria and wants to take over, and that the Broncos don’t want her to take over ... can’t remember who ... maybe slim knows who that was.
Btw, **** Joe Ellis. Good riddance.
Explain your hidden knowledge please. As far as I can tell based on limited public info, Beth sucked at the job and Brittany seemed more suited for it, and Joe Ellis is a good dude.
BeefStew25
10-25-2018, 10:18 PM
Interesting tidbits if you peruse NJ's twitter feed.
https://twitter.com/@NickiJhabvala
Who’s JR Ewing?
Simple Jaded
10-25-2018, 10:19 PM
Explain your hidden knowledge please. As far as I can tell based on limited public info, Beth sucked at the job and Brittany seemed more suited for it, and Joe Ellis is a good dude.
Beth sucked at what job?
I trust Ellis as far as I would any greedy politician.
Denver Native (Carol)
10-25-2018, 10:23 PM
For years, before Mr. B was diagnosed with alzheimers, there would be articles how close Mr. B and Joe Ellis were. I just did a search on Rich Slivka, another one of the trustees, and he has been associated with Mr. B since 1987 -
Rich Slivka enters his 18th year with the Broncos in 2017 and serves as general counsel for both the club and Stadium Management Company, which operates Sports Authority Field at Mile High.
Slivka is responsible for all legal functions of the Broncos in addition to overseeing the human resources, finance and information technology groups. His role with the team and SMC also includes managing sponsorship contracts, intellectual property claims, stadium legal issues and insurance matters.
He began working with Broncos Owner Pat Bowlen in 1987 and continued his involvement with him and the team until assuming a full-time counsel role with the team in 2000.
https://www.denverbroncos.com/team/front-office-roster/rich-slivka
The third person - Mary Kelly is a top Denver lawyer.
Mr. B knew exactly what he was doing when he picked these three as trustees. This is all about who this brother wants to take over.
FanInAZ
10-25-2018, 10:26 PM
Who’s JR Ewing?
I don't know where you saw a reference to him in the tweet, but he was a fictional character in the 70s/80s prime-time soap-opera, "Dallas." I believe it centered around a family of oil tycoons & he was its ruthless CEO. At one point, someone shot him leading to the question that swept America, "Who shot JR?"
Brittany or bust.
Don't be talking about the Broncos future owner's female assets....
Hawgdriver
10-25-2018, 10:26 PM
Who’s JR Ewing?
That show had the most epic intro.
4vZNWdFd1UM
I just hope the hot Ewing daughter wins in the end.
BeefStew25
10-25-2018, 10:28 PM
I don't know where you saw a reference to him in the tweet, but he was a fictional character in the 70s/80s prime-time soap-opera, "Dallas." I believe it centered around a family of oil tycoons & he was its ruthless CEO. At one point, someone shot him leading to the question that swept America, "Who shot JR?"
GD you are beaut.
GD you are beaut.
AZ is going to wake up and realize this thread was actually just a dream.
Colorado4Life
10-25-2018, 11:02 PM
Don't be talking about the Broncos future owner's female assets....
I support her and all her assets and contributions to the Broncos. She will do a great job and look good doing it, so no complaints. :elefant::elefant:
Shazam!
10-26-2018, 08:50 AM
I think the case will be dismissed and a long legal battle will ensue, amd the NFL will be forced to step in. If They are adhering to Pat's wishes in the Trust, it'll be difficult to overcome that hurdle. Regardless of mental capacity he is alive.
It does seem like a conflict of interest for him to be involved in the trust and the GM
Freyaka
10-26-2018, 09:13 AM
It does seem like a conflict of interest for him to be involved in the trust and the GM
For who to be involved in the trust and GM?
Elway isn't involved in the trust. The trust is Ellis, Slivka and Kelly. None of them are involved in GM duties.
For who to be involved in the trust and GM?
Elway isn't involved in the trust. The trust is Ellis, Slivka and Kelly. None of them are involved in GM duties.
I dont think Ellis should be involved in running the team and the trust.
Hawgdriver
10-26-2018, 09:24 AM
I dont think Ellis should be involved in running the team and the trust.
Explain.
Explain.
He has a vested interest in maintaining control of the team and doing what he can to stay there.
Hawgdriver
10-26-2018, 09:31 AM
He has a vested interest in maintaining control of the team and doing what he can to stay there.
So he's a trust beneficiary?
Freyaka
10-26-2018, 09:31 AM
I dont think Ellis should be involved in running the team and the trust.
The trust (including Ellis) has the responsibilities of Pat Bowlen. They are acting in his place. He's doing exactly what he's supposed to be doing. I'm not sure what your concern is here... He's not the behind the scenes puppet master, he's involved with key decisions, but Elway handles personnel decisions as a normal GM does.
So he's a trust beneficiary?
No. What I am saying is that he has an interest in staying in control of the team. Having a say in the attempt of any party that can take control of the team seems like a conflict of interest.
Hawgdriver
10-26-2018, 09:35 AM
No. What I am saying is that he has an interest in staying in control of the team. Having a say in the attempt of any party that can take control of the team seems like a conflict of interest.
Shouldn't a trustee have power to exercise fiduciary duties? How can you take away a trustee's power and still have a trust?
The Glue Factory
10-26-2018, 09:37 AM
No. What I am saying is that he has an interest in staying in control of the team. Having a say in the attempt of any party that can take control of the team seems like a conflict of interest.
I assume you mean that currently Ellis being a trustee effectively makes him his own boss.
Freyaka
10-26-2018, 09:41 AM
Lets not forget that Bowlen set it up this way. Ellis has been the executive VP since SB 33, and moved up to CEO in 2008. Bowlen trusted the man to do this job, we as fans should too. He's been given 5 years to either pick a Bowlen child or sell the team by the NFL. I personally don't think he's trying to hold onto power, but even to play devil's advocate, he can't hold on for very much longer. A deadline has already been set. The guy has been Pats right hand man for years and wants to make sure that Pats wishes are followed properly and that the best person for the job is chosen.
7DnBrnc53
10-26-2018, 10:46 AM
Someone mentioned that Beth Bowlen insists that she’s met the criteria and wants to take over, and that the Broncos don’t want her to take over ... can’t remember who ... maybe slim knows who that was.
Btw, **** Joe Ellis. Good riddance.
I wonder if they want Brittany to take over because she isn't ready yet (so they can hold onto power longer). I don't trust Joe Ellis. He is the one who hired McDaniels because he wanted more power.
Denver Native (Carol)
10-26-2018, 10:56 AM
I wonder if they want Brittany to take over because she isn't ready yet (so they can hold onto power longer). I don't trust Joe Ellis. He is the one who hired McDaniels because he wanted more power.
What are you talking about????? Mr. B hired McDaniels!!!!!
“The biggest issue with Josh McDaniels’ first go-round as an NFL head coach came down to power. Denver Owner Pat Bowlen gave McDaniels executive/personnel authority, which was too much for the inexperienced and immature coach.
https://www.stampedeblue.com/2018/1/20/16910138/broncos-media-helps-explain-what-went-wrong-with-josh-mcdaniels-in-denver
underrated29
10-26-2018, 11:10 AM
Ellis is the steward to the king. As long as they never find a new king (queen), ellis remains in powa
Denver Native (Carol)
10-26-2018, 11:42 AM
Mike Klis
Verified account @MikeKlis
14h14 hours ago
Statement from Dan Reilly, Pat Bowlen Trust lawyer: “We are aware the counsel submitting this complaint on behalf of Bill Bowlen is the same one that has been representing Beth Bowlen Wallace.'' View: Trustees believe Beth Bowlen Wallace is behind Bill's lawsuit. #9sports
LawDog
10-26-2018, 12:08 PM
I’m curious to see how Bill Bowlen has standing to bring this suit since he divested himself of his ownership share in 2002.
Unless he is a beneficiary in Pat’s estate, which is largely comprised of the assets currently under the care of the trust. Then, if he is alleging a breach of fiduciary duty to the detriment of the trust, he might have standing. But I don’t know that Bill is a beneficiary.
Al Wilson 4 Mayor
10-26-2018, 12:11 PM
I’m curious to see how Bill Bowlen has standing to bring this suit since he divested himself of his ownership share in 2002.
This reeks of desperation.
Hawgdriver
10-26-2018, 12:13 PM
I’m curious to see how Bill Bowlen has standing to bring this suit since he divested himself of his ownership share in 2002.
Yeah, I tried to find the petition. No luck. Here's the best grounds I found:
Interested persons include legal representatives, spouse, parents, adult children, adult siblings, and other adults.
LawDog
10-26-2018, 12:25 PM
Yeah, I tried to find the petition. No luck. Here's the best grounds I found:
Hmmm, that seems more like a conservatorship than a trust, but you may be right.
The Glue Factory
10-26-2018, 12:42 PM
This reeks of desperation.
"Uncle Billy? Will you kindly pretty pweeeeaaaaasssse file this lawsuit for me? You can use my attorney so it doesn't cost you any money."
- Beth
Nomad
10-26-2018, 01:00 PM
That show had the most epic intro.
4vZNWdFd1UM
I just hope the hot Ewing daughter wins in the end.
As a kid, this was a common theme song on Friday nights. I think my Mom had the hots for Bobby. :D
Denver Native (Carol)
10-26-2018, 02:13 PM
Broncos' ownership situation is getting messy
Some really interesting stuff here - https://broncoswire.usatoday.com/2018/10/26/denver-broncos-news-ownership-lawsuit-bill-beth-brittany/
As a kid, this was a common theme song on Friday nights. I think my Mom had the hots for Bobby. :D
I didn't really watch it growing up, but still I had the hots for Bobby's wife. Gotta love those hot Italian american chics.
Broncos' ownership situation is getting messy
Some really interesting stuff here - https://broncoswire.usatoday.com/2018/10/26/denver-broncos-news-ownership-lawsuit-bill-beth-brittany/
They always get messy.
Broncos' ownership situation is getting messy
Some really interesting stuff here - https://broncoswire.usatoday.com/2018/10/26/denver-broncos-news-ownership-lawsuit-bill-beth-brittany/
Agreed. Messy. Even if the complaint is true, that doesn't necessarily create grounds for having the trustees removed, but you never know when in front of a judge/jury.
They always get messy.
That's what she said...
Jsteve01
10-26-2018, 04:47 PM
They always get messy.
That's what she said...
Umm yucky
Nomad
10-26-2018, 04:50 PM
They always get messy.
It's our beloved Broncos. :(
It's our beloved Broncos. :(
we will get through this
Nomad
10-26-2018, 05:18 PM
we will get through this
Yep. Just like back to winning SBs. We gonna beat dem Chiefs on Sunday mornin
Yep. Just like back to winning SBs. We gonna beat dem Chiefs on Sunday mornin
There will be a lot tears shed in KC this weekend.
Nomad
10-26-2018, 05:26 PM
There will be a lot tears shed in KC this weekend.
#floodwarnin
Shazam!
10-26-2018, 06:04 PM
we will get through this
Yep. Just like back to winning SBs. We gonna beat dem Chiefs on Sunday mornin
Love your optimism always positive
Cugel
10-26-2018, 06:07 PM
Default
Quote Originally Posted by Al Wilson 4 Mayor View Post
How would a brother have any authority in the situation?
None really. He's working on getting Beth in charge. His contention is that Beth is ready and the trust is violating the agreement by not stepping down and turning the team over to her.
Yup. I immediately couldn't understand how Bill Bowlen would have any standing to assert a claim, since he sold his stock in the Broncos long ago. So, since he no longer has any economic stake in the team, how has he been injured so the court could rule in his favor? He's asking for a writ to remove the trustees from the Bowlen Trust, but isn't a trust beneficiary, and as far as we know isn't a creditor.
To skip a boring legal lecture, he has no standing to sue that I can see. I could think of a few ways around that, and I'm sure his lawyers have researched it.
But what is really going on is this:
Bowlen appointed the trustees and amended his will giving them total power over his interest in the team. They were to appoint a successor from among his children, rather in the way that Alexander the Great on his death bed left his vast empire "to the strongest."
Let them fight it out to qualify, and the "most qualified" would be appointed as owner designee and high mucky-muck of the Broncos empire, worth nearly $3 billion.
The rest would simply control their portion of the trust assets but would not participate in team management, and would not get to declare trust distributions, nor hire themselves out to the team at whatever ridiculous salary they liked. In short they wouldn't be controlling owners, just minority share-holders.
This spring, Beth Bowlen figured out that for whatever reason, the trustees don't like her, and favor Brittany. Only Brittany is about 28 and not ready (her own admission) to run the team. So, the management remains with the Trustees, Joe Ellis and his two cronies.
Beth doesn't want to prematurely file her lawsuit in the district court suing to remove the trustees, because her father is still alive. Technically, the trust can be found to be acting in Pat's interest.
But, he's dying of Alzheimers and once he's dead, it's going to be a lot harder for the Trust to deny Beth Bowlen the control. If they do (and obviously they intend to from their totally hostile public statements about her) then it's game on baby!
Beth Will sue the trust. Brittany will do nothing since the Trust favors her, and her interests are with the trustees. Then we'll have the glorious spectacle of a vicious death match with the trustees, and potentially with the NFL that will leave all and sundry with savage wounds. Especially the Broncos organization which will be publicly brawling in the district court again, instead of winning championships.
Bill Bowlen, just fired warning shots by launching this lawsuit. I'd say it's likely that the court might rule it's all premature anyway since Pat Bowlen is alive and there's no reason to take away his assets during his lifetime from his appointed trustees.
Beth will be in a much stronger legal position, once Pat Bowlen is dead. Then we'll see. :coffee:
So there is an issue of ripeness, Cugel?
Cugel
10-26-2018, 06:46 PM
So there is an issue of ripeness, Cugel?
Perhaps. Of course I haven't researched it at all. I just wondered "what on earth is his standing?" And I don't know how they intend to address that since he has no interest in the trust at present. He was bought out years ago, as I understand it from the media.
But, obviously his lawyers intend to address that somehow, or they would never have filed anything, for fear of violating Rule 11 which sanctions the lawyer for bringing a frivolous or vexatious claim.
This is a multi-millionaire suing a multi-billion $ company. So it will be addressed. Intensely litigated most likely, and both sides have their strategies on that ready to fly. The lawyers combined will make millions of $ in fees on this.
Hey Cugel, are appellate briefs as awful in real life as they are in school?
Also, do you have an owner you'd prefer.
Cugel
10-26-2018, 06:57 PM
The only important point on this for Broncos fans is:
1. Will the new owner be as dedicated to winning SBs as her father? Not all owners are. She could even sell out the family's entire interest to outside parties if she wanted to cash out and get maybe five or six hundred million.
More than enough to last for any one's lifetime of massive indulgence. Or move the team to a new city. We don't know. If you think it can't happen, just talk to the folks in Oakland or St. Louis about that. I'm not saying it WOULD happen, just that it's an unsettling possibility.
2. Will the new owner want to fire John Elway who is famously close to Joe Ellis. If Beth Bowlen wins her suit, she would be likely to move against Elway, or Elway might leave with Joe Ellis.
In any case John Elway might very well be gone by the time this is all resolved in court. He isn't going to stay here forever. And, if the team continues to tank and he screws up finding a QB in the draft again next year, or ends up drafting Paxton Lynch, Jr. Elway could be fired. Ultimately.
There's not an infinite amount of patience among Broncos fans.
We're going on 3 seasons without a playoff appearance now, and 2 consecutive losing seasons for the first time in decades. And there ZERO plan in sight to make any of this better any time soon either.
Elway refused to draft a QB because "we don't intend to just kick Paxton to the curb." Only Paxton flamed out (in every sense of the word) so they wound up with Chad Kelly who just went down like the Hindenburg.
13255
So, Keenum's replacement is nowhere on the roster, and there's no long term answer before next year's draft. And we all know how great Elway is at drafting QBs. Since Manning retired he's tried, Brock Osweiler, Paxton Lynch, Trevor Siemian, Paxton Lynch again, Siemian again, Osweiler again, and now Keenum.
Not exactly Canton bound, that crew.
Cugel
10-26-2018, 06:58 PM
Hey Cugel, are appellate briefs as awful in real life as they are in school?
Also, do you have an owner you'd prefer.
I loved appellate briefs and was a law clerk on the court of appeals out of school, then practiced appellate law for a bit! So, I'm the wrong person to ask! :laugh:
Of course, I gave up litigating long ago and don't miss it at all. Not one bit. A corporate practice is way more fun and relaxing.
I loved appellate briefs and was a law clerk on the court of appeals out of school, then practiced appellate law for a bit! So, I'm the wrong person to ask! :laugh:
Of course, I gave up litigating long ago and don't miss it at all. Not one bit. A corporate practice is way more fun and relaxing.
Earlier you said they were a pain but not that bad. That's sort of how I feel.
Cugel
10-26-2018, 07:04 PM
I don't wear briefs
I find boxers wear out too quick and then sag and women complain if I wear them around the house.
I find boxers wear out too quick and then sag and women complain if I wear them around the house.
I find that women wear out too quick and then sag and then I complain when they hang around my house
Freyaka
10-26-2018, 07:23 PM
Yep. Just like back to winning SBs. We gonna beat dem Chiefs on Sunday mornin
Gonna depend on Musgrave. If he goes run heavy and starts mixing some play actions in. I think we win (granted, the defense is going to have to play like they did last week).
I feel better about this game than I've felt about most of the games this season.
Yup. I immediately couldn't understand how Bill Bowlen would have any standing to assert a claim, since he sold his stock in the Broncos long ago. So, since he no longer has any economic stake in the team, how has he been injured so the court could rule in his favor? He's asking for a writ to remove the trustees from the Bowlen Trust, but isn't a trust beneficiary, and as far as we know isn't a creditor.
To skip a boring legal lecture, he has no standing to sue that I can see. I could think of a few ways around that, and I'm sure his lawyers have researched it.
Colorado statute regarding probate, trusts and fiduciaries states that a "The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare" may petition the court for a power of attorney or to review an agent's conduct.
Bill Bowlen is asserting that as Pat's brother and knowing what Pat wanted in terms of the future of the Broncos as it relates to his family, that he has standing based on his interests in the Bowlen's welfare.
I was originally thinking the same, that he wouldn't have any standing as he wouldn't be able to claim any injury (with the possible exception if he's named as a successor beneficiary upon Pat's death and could make the case that the trustees were failing their fiduciary responsibility and damaging an asset that would be partially his in the future), but then when I read the motion and it mentioned c.r.s 15-14-716(h) as the basis for Bill's standing that they are asserting, I see why they are making the case he has standing (not a sure thing the judge will agree, but they have a solid shot).
Simple Jaded
10-26-2018, 11:29 PM
Not to bore the layman with too much legalese, upon further review of the particulars and what-have-you’s I concur with Tned.
I think.
Jsteve01
10-27-2018, 08:03 AM
I find boxers wear out too quick and then sag and women complain if I wear them around the house.
I find that women wear out too quick and then sag and then I complain when they hang around my house
Laying in my bed laughing my ass off at 6am. Pure gold slim
Jsteve01
10-27-2018, 08:06 AM
Not to bore the layman with too much legalese, upon further review of the particulars and what-have-you’s I concur with Tned.
I think.
Hear hear!
Not to bore the layman with too much legalese, upon further review of the particulars and what-have-you’s I concur with Tned.
I think.
As a general rule, that's the safest course of action -- due to my superior intellect, always being right, humble and modest approach to life....
Cugel
10-27-2018, 11:55 AM
I find that women wear out too quick and then sag and then I complain when they hang around my house
That one made me laugh and choke on my soup! :laugh:
Cugel
10-27-2018, 12:05 PM
Colorado statute regarding probate, trusts and fiduciaries states that a "The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare" may petition the court for a power of attorney or to review an agent's conduct.
Bill Bowlen is asserting that as Pat's brother and knowing what Pat wanted in terms of the future of the Broncos as it relates to his family, that he has standing based on his interests in the Bowlen's welfare.
I was originally thinking the same, that he wouldn't have any standing as he wouldn't be able to claim any injury (with the possible exception if he's named as a successor beneficiary upon Pat's death and could make the case that the trustees were failing their fiduciary responsibility and damaging an asset that would be partially his in the future), but then when I read the motion and it mentioned c.r.s 15-14-716(h) as the basis for Bill's standing that they are asserting, I see why they are making the case he has standing (not a sure thing the judge will agree, but they have a solid shot).
Ah, good. I never litigated any trust issues. I just draft them! :coffee:
I was thinking mostly of any allegation that Bowlen was being mistreated, his assets squandered, or other mistreatment of the protected person. There's nothing to suggest Pat is being mistreated in his care, or that the value of his assets are declining in any way. Rather the reverse. Can't really argue that the trust is squandering assets or failing to meet the prudent investor rule when they are rocketing upward in value every single year as the value of NFL franchises has increased from $84m or something when Bowlen bought the team to $2.5billion now.
That's a difficult claim to make. Should a successor be formally appointed for his business interest while he is still alive? Or should his chosen business partners and trustees be allowed to exercise their discretion in following the terms of the trust with respect to his heirs.
Might be easier to for the court to punt that decision while Pat is alive and let the trustees continue to exercise their authority, but with the later right to complain about their choices when they later make them. But, when Pat is dead, then the trustees have to formally reject Beth Bowlen and choose her sister, or to sell to an outside party.
Good luck with that argument! I think this whole lawsuit looks like something where the league might ultimately decide to step in and decide the whole thing for the good of football. I don't think the other owners will be easy seeing Pats' heirs passed over for sale to an outsider. They might not permit that. They all have heirs or are heirs themselves.
Denver Native (Carol)
10-27-2018, 12:14 PM
A lawyer representing Bill Bowlen, who filed a lawsuit Thursday asking that the three-member trust appointed by Broncos owner Pat Bowlen to run the team be removed from power, said the goal is to have an out-of-court resolution.
Giovanni Ruscitti of the firm Berg Hill Greenleaf Ruscitti LLP in Boulder also represents Beth Bowlen-Wallace, who has the support of her uncle Bill to become the Broncos’ next controlling owner.
“From our perspective, what’s next is that we hope we’re in discussions with the trustees and their attorneys,” Ruscitti told The Denver Post in a phone interview on Friday. “I would hope we could sit down and have a professional discussion that would lead to an amicable resolution. It’s something we were pushing for from the get go.
“We were hoping we didn’t have to file it. It was our sincere hope that these issues could be worked out.”
rest - https://www.denverpost.com/2018/10/26/bill-bowlen-lawsuit-out-of-court-resolution-hope/
Cugel
10-27-2018, 12:14 PM
Colorado statute regarding probate, trusts and fiduciaries states that a "The principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare" may petition the court for a power of attorney or to review an agent's conduct.
Bill Bowlen is asserting that as Pat's brother and knowing what Pat wanted in terms of the future of the Broncos as it relates to his family, that he has standing based on his interests in the Bowlen's welfare.
As to this specific part, I'd say without researching it to really know, most case law interpreting that kind of statute nationwide would involve cases of physical abuse of the protected person, or squandering or mismanaging his assets. They will point that out and argue that statute just doesn't apply to this situation.
But, what responsibility do the trustees have to appoint anybody while Pat is still alive, just because she argues that she is "qualified?" If they had no such duty, then what is the basis for any claim? Might be premature.
Ah, good. I never litigated any trust issues. I just draft them! :coffee:
I was thinking mostly of any allegation that Bowlen was being mistreated, his assets squandered, or other mistreatment of the protected person. There's nothing to suggest Pat is being mistreated in his care, or that the value of his assets are declining in any way. Rather the reverse. Can't really argue that the trust is squandering assets or failing to meet the prudent investor rule when they are rocketing upward in value every single year as the value of NFL franchises has increased from $84m or something when Bowlen bought the team to $2.5billion now.
That's a difficult claim to make. Should a successor be formally appointed for his business interest while he is still alive? Or should his chosen business partners and trustees be allowed to exercise their discretion in following the terms of the trust with respect to his heirs.
Might be easier to for the court to punt that decision while Pat is alive and let the trustees continue to exercise their authority, but with the later right to complain about their choices when they later make them. But, when Pat is dead, then the trustees have to formally reject Beth Bowlen and choose her sister, or to sell to an outside party.
Good luck with that argument! I think this whole lawsuit looks like something where the league might ultimately decide to step in and decide the whole thing for the good of football. I don't think the other owners will be easy seeing Pats' heirs passed over for sale to an outsider. They might not permit that. They all have heirs or are heirs themselves.
I'm with you on the value of the assets (if we think of it in terms of how a fiduciary might invest traditional assets). I don't think a case can be made that Ellis and the others are doing anything to harm Pat Bowlen's assets, which will eventually become the assets of the successor trustees.
I think we can assume that Pat's physical well being is being well taken care of.
So, the only thing the brother has to make any claim is that Ellis and company are not accurately carrying out Pat's intentions in terms of having a child take over the club.
I would think to prevail (assuming his standing argument works) is to make a solid case that Bill has intimate knowledge of Pat's plans for the Broncos, and that by passing over Beth, that it's in clear contravention to Pat's wishes for how the Broncos will be run.
In addition, he's trying to make a case that it isn't just a case of a judgement call where the trustees have determined that Beth doesn't meet Pat's criteria, but instead that it is a fraudulent act to pass over her. They are making the case that since Ellis is the team President (and the other two trustees are involved in various ways with the Broncos) that they are choosing their self interests and to maintain their power (by not giving Beth control) over complying with Pat's wishes.
Hence, what they are really making at it's heart is a type of fraud case/claim against Ellis and others. Akin to embezzling in many ways.
Cugel
10-27-2018, 12:19 PM
rest - https://www.denverpost.com/2018/10/26/bill-bowlen-lawsuit-out-of-court-resolution-hope/
Bwa-hahahahahahhahahaha!
They filed this in order to force face to face negotiation since the trust was stiff arming them, but that won't work at all. Listen to this;
Ruscitti said he tried to schedule a meeting next week in New York (home of the NFL office) with the trustees but he cancelled when he was informed that only the trustees’ attorneys would be attending.
In response to Ruscitti’s comments, the Trust told the Denver Post in a statement on Friday night: “There have been many meetings and written communication between the trustees, Beth Bowlen-Wallace and lawyers for Beth Bowlen-Wallace over the last four years. To suggest that the trustees have not been willing to discuss and consider these issues is directly contradicted by the facts.”
Ruscitti confirmed there has been several examples of communication between the sides over the years but it hasn’t led to resolving issues regarding the future of ownership.
In late May, when Bowlen-Wallace announced her desire to succeed her father, the trustees responded forcefully, saying she was not “not capable or qualified at this time,” to lead the Broncos.
Beth to Trust: "I am too qualified! I am!"
Trust to Beth: "
13262"
Putting those parties in a room together isn't going to get them to agree to anything. The trust still absolutely doesn't want Beth Bowlen in charge and she wants that power - in order to get rid of all of them. They view it like a hostile board of directors takeover.
Cugel
10-27-2018, 12:26 PM
So, the only thing the brother has to make any claim is that Ellis and company are not accurately carrying out Pat's intentions in terms of having a child take over the club.
I would think to prevail (assuming his standing argument works) is to make a solid case that Bill has intimate knowledge of Pat's plans for the Broncos, and that by passing over Beth, that it's in clear contravention to Pat's wishes for how the Broncos will be run.
In addition, he's trying to make a case that it isn't just a case of a judgement call where the trustees have determined that Beth doesn't meet Pat's criteria, but instead that it is a fraudulent act to pass over her. They are making the case that since Ellis is the team President (and the other two trustees are involved in various ways with the Broncos) that they are choosing their self interests and to maintain their power (by not giving Beth control) over complying with Pat's wishes.
Hence, what they are really making at it's heart is a type of fraud case/claim against Ellis and others. Akin to embezzling in many ways.
Again, I'm no expert here but I wouldn't put 50 cents on their winning this case. They haven't made any final decision against Beth. Officially, she's still in contention. Are they required to make a decision right now? He's still alive.
Or is his probate action a more appropriate time to move the business assets to his heirs? And that gives Brittany Bowlen time to gain more experience and become justifiably the favorite to take over.
I'm not a judge but I wouldn't interfere in this matter now, but would make the parties wait until Pat's passing at which point the plaintiffs might be able to sustain a burden of showing some kind of violation of the terms of his trust agreement since the trustees would presumably move at that time to make a decision.
Perhaps that is not what the court will do of course, they could find for the plaintiffs. But, it sounds like they don't even expect to win, but want to force face to face negotiations between the parties in the hopes of forcing some kind of settlement.
Northman
10-27-2018, 12:27 PM
Bill the cat, nice!
As to this specific part, I'd say without researching it to really know, most case law interpreting that kind of statute nationwide would involve cases of physical abuse of the protected person, or squandering or mismanaging his assets. They will point that out and argue that statute just doesn't apply to this situation.
But, what responsibility do the trustees have to appoint anybody while Pat is still alive, just because she argues that she is "qualified?" If they had no such duty, then what is the basis for any claim? Might be premature.
The act they are relying on, which i think is relatively new, was put in place related to elder care and the fact we have many people living longer and many of them have Alzheimer/dementia. It's intended to create a way for those with a legitimate interest in the welfare of the incapacitated person to petition the court to give them POA over health care decisions, or in the case of agents that are squandering assets, or more likely, taking unreasonable fees for the services they are rendering, to have the court review and either remove the agent or change the terms of their compensation.
I'm not sure how much, if any, caselaw there is regarding this statute being used in the way Bill Bowlen is attempting to us it.
Again, I'm no expert here but I wouldn't put 50 cents on their winning this case. They haven't made any final decision against Beth. Officially, she's still in contention. Are they required to make a decision right now? He's still alive.
Or is his probate action a more appropriate time to move the business assets to his heirs? And that gives Brittany Bowlen time to gain more experience and become justifiably the favorite to take over.
I'm not a judge but I wouldn't interfere in this matter now, but would make the parties wait until Pat's passing at which point the plaintiffs might be able to sustain a burden of showing some kind of violation of the terms of his trust agreement since the trustees would presumably move at that time to make a decision.
Perhaps that is not what the court will do of course, they could find for the plaintiffs. But, it sounds like they don't even expect to win, but want to force face to face negotiations between the parties in the hopes of forcing some kind of settlement.
I would have to go back and look at previous statements by Ellis and the trustees, but I don't believe they have tied elevating a child to control of the Broncos and Pat's death.
My understanding is that the Broncos are now in trust, not that they will upon his death, and that the trustees have been told to work with the children to help one of them gain the experience needed to run the Broncos and when there is a child with those qualifications, then they will be given control of the club.
Again, I could be wrong, but I don't think it is in any way tied to Pat's death (which could be decades away). The NFL has stated they are happy with the plan in place. Whether they would consider it more urgent after Pat's passing, is unkown, but considering he has been completely removed from active control for years now, I can't see where their comfort/discomfort with the plan and timeline would be impacted by whether or not Pat is still alive.
Cugel
10-27-2018, 01:17 PM
I would have to go back and look at previous statements by Ellis and the trustees, but I don't believe they have tied elevating a child to control of the Broncos and Pat's death.
My understanding is that the Broncos are now in trust, not that they will upon his death, and that the trustees have been told to work with the children to help one of them gain the experience needed to run the Broncos and when there is a child with those qualifications, then they will be given control of the club.
Again, I could be wrong, but I don't think it is in any way tied to Pat's death (which could be decades away). The NFL has stated they are happy with the plan in place. Whether they would consider it more urgent after Pat's passing, is unkown, but considering he has been completely removed from active control for years now, I can't see where their comfort/discomfort with the plan and timeline would be impacted by whether or not Pat is still alive.
Judge: "Down vixen with thy unseemly haste to despoil your father! The man's not even dead yet and you're squabbling over controlling his possessions? Have you no compassion harpy? Loose thy talons from the carcass woman, let him breath a bit, and take thy flight!" :laugh:
Denver Native (Carol)
10-27-2018, 04:02 PM
A lot of information in this article -
The Broncos haven’t named Pat Bowlen’s successor yet. But there is a blueprint to select the next owner.
https://www.denverpost.com/2018/01/12/broncos-trustees-criteria-select-pat-bowlen-controlling-owner/
Judge: "Down vixen with thy unseemly haste to despoil your father! The man's not even dead yet and you're squabbling over controlling his possessions? Have you no compassion harpy? Loose thy talons from the carcass woman, let him breath a bit, and take thy flight!" :laugh:
If the Broncos are in an irrevocable "trust" then the club is no longer Pat Bowlen's possession. Something a judge would understand. ;)
Simple Jaded
10-27-2018, 08:51 PM
As a general rule, that's the safest course of action -- due to my superior intellect, always being right, humble and modest approach to life....
Indubitably.
Cugel
10-28-2018, 08:08 AM
If the Broncos are in an irrevocable "trust" then the club is no longer Pat Bowlen's possession. Something a judge would understand. ;)
Obviously. That was a joke.
But, the thing remains. Trustees are given broad discretion and so appearances matter, since the plaintiff will bear the burden of proof that they so violated their duty of care as to warrant the court issuing an order removing them. Trustees are entitled to the presumption that they were exercising their given authority in good faith.
The Trustees deciding to sit there and control things will look a lot worse if Pat Bowlen were dead and they still hadn't decided things. The longer this goes on, the more unaccoutable they start to look and the better Beth Bowlen's got to look unless they have some misconduct or other they can charge her with from her background.
If the publicity gets ugly, the NFL owners are going to force the team quickly to name a successor. The last thing the NFL wants is a prolonged, bitter and ugly custody fight for team ownership between Beth and Brittany Bowlen.
BroncoJoe
10-28-2018, 08:22 AM
Interesting article from 9News from back in June.
https://www.9news.com/article/sports/a-closer-look-at-whether-beth-bowlen-wallace-has-met-pat-bowlen-trust-criteria/73-560656775
Obviously. That was a joke.
But, the thing remains. Trustees are given broad discretion and so appearances matter, since the plaintiff will bear the burden of proof that they so violated their duty of care as to warrant the court issuing an order removing them. Trustees are entitled to the presumption that they were exercising their given authority in good faith.
The Trustees deciding to sit there and control things will look a lot worse if Pat Bowlen were dead and they still hadn't decided things. The longer this goes on, the more unaccoutable they start to look and the better Beth Bowlen's got to look unless they have some misconduct or other they can charge her with from her background.
If the publicity gets ugly, the NFL owners are going to force the team quickly to name a successor. The last thing the NFL wants is a prolonged, bitter and ugly custody fight for team ownership between Beth and Brittany Bowlen.
And, at least publicly (potentially legally) they can make the case that Joe Ellis has conflicting priorities. His position as President of the Broncos and his duty as trustee. If someone is named the controlling owner, he could be removed as President (especially with an apparently tense relationship with Beth.
Personally, I think Ellis has done a very good job running the Broncos, so I'm not trying to make the case that he's abusing his power as co-trustee, just pointing out that it's the angle they are going to focus on.
Interesting article from 9News from back in June.
https://www.9news.com/article/sports/a-closer-look-at-whether-beth-bowlen-wallace-has-met-pat-bowlen-trust-criteria/73-560656775
Based on that, she has zero experience needed to run an NFL club and I'm glad they aren't handing it to her. At least Brittany spent something like three years in the league Jr. management program.
Shazam!
11-02-2018, 09:34 AM
I am wondering if the failure to secure stadium naming rights are a reason for this partially and the Sports Authority fiasco. They probably thinking they essentially losing $20m+ a year by not plastering some Corp leviathan name on new Mile High. Sounds possible.
Freyaka
11-02-2018, 11:55 AM
I am wondering if the failure to secure stadium naming rights are a reason for this partially and the Sports Authority fiasco. They probably thinking they essentially losing $20m+ a year by not plastering some Corp leviathan name on new Mile High. Sounds possible.
I think they just want control of the team (and the added income that comes with it) I can't imagine that being the controlling owner instead of a trust fun kid is a difference in income, probably quite significant.
Denver Native (Carol)
11-23-2018, 09:08 PM
The three-person trust which runs the Broncos submitted a filing Friday in Colorado District Court requesting a stay in the proceedings triggered by a lawsuit last month by a brother of owner Pat Bowlen requesting the trust be removed from power.
Since 2014, when Bowlen stepped away from the team because of Alzheimer’s, the trio of Joe Ellis, Rich Slivka and Mary Kelly have served as trustees for the Patrick D. Bowlen Trust. Ellis, as the Broncos’ president and CEO.
On Oct. 25, Bill Bowlen presented a lawsuit wanting to remove the trust, “due to their failure to uphold Pat Bowlen’s wishes and act in the best interest of Pat Bowlen, his family and the Broncos.”
The trustees originally had 20 days to respond but received a one-week extension. Their 34-page document also requested that Beth Bowlen-Wallace and Amie Bowlen-Klemmer — the two oldest of Pat’s seven children — enter into arbitration with the NFL and not the court system.
rest - https://www.denverpost.com/2018/11/23/broncos-ownership-dispute-bowlen-trust-nfl-arbitrator/
Gimpygod
11-25-2018, 09:21 PM
Judge: "Down vixen with thy unseemly haste to despoil your father! The man's not even dead yet and you're squabbling over controlling his possessions? Have you no compassion harpy? Loose thy talons from the carcass woman, let him breath a bit, and take thy flight!" :laugh: My literature is a pinch rusty, is this quote Deon Sanders or Terry Bradshaw?
Northman
12-19-2018, 02:25 PM
https://www.9news.com/article/sports/bowlen-family-rift-is-official-bill-bowlen-files-court-motion-to-remove-trustees-from-control/73-608183859?fbclid=IwAR15oH2JXtXSRathk31Uo0KjRhswKuG jbxC_Sb2Fb_-R5jur3PsIP5DIRYE
ENGLEWOOD – There is officially a Bowlen family rift.
Bill Bowlen, younger brother of Broncos owner Pat Bowlen who has surrendered control of the team to his trust, filed a lawsuit in a Colorado District Court on Thursday against trustees Joe Ellis, Rich Slivka and attorney Mary Kelly, asking they be removed from their responsibilities because of “their failure to uphold Pat Bowlen’s wishes and act in the best interest of Pat Bowlen, his family and the Broncos.”
Here’s where the turmoil within the family dynamic comes in: Five months ago, Bill Bowlen, who is 69 and lives in Edmonton, Alberta, came out in favor of his niece Beth Bowlen Wallace taking control of the Broncos after Beth Bowlen Wallace sent out a press release announcing she is ready to take charge of the Broncos.
Beth Bowlen Wallace is one of two daughters from Pat Bowlen’s first marriage to Sally Parker. The trustees, however, have been noticeably grooming Brittany Bowlen for the controlling owner position. Brittany Bowlen is one of five children from Pat Bowlen’s second marriage to Annabel.
Simple Jaded
12-19-2018, 09:05 PM
I’m Team Bill Bowlen.
**** Joe Bush.
Denver Native (Carol)
12-20-2018, 01:02 PM
Annabel Bowlen – the wife of ailing Broncos owner Pat Bowlen – has joined the expanding legal battle over which of his children will ultimately control the NFL team, 9Wants to Know has learned.
Much of that dispute is shrouded in secrecy because it is being fought in probate court, where the details of legal documents are not a matter of public record. However, 9Wants to Know confirmed through Annabel Bowlen’s attorney, Hugh Gottschalk of Wheeler Trigg O’Donnell, that she had filed a motion to intervene in the ongoing litigation.
That litigation began in October when Pat Bowlen’s brother, William “Bill” Bowlen, filed a motion seeking the removal of the three trustees running the team, asserting that they were not fulfilling the longtime owner’s wishes. Bill Bowlen believes one of Pat Bowlen’s daughters is ready to take control of the NFL team.
rest - https://www.9news.com/article/sports/football/annabel-bowlen-moves-to-intervene-in-ongoing-battle-over-control-of-broncos/73-6608ddc5-5c51-4e77-a635-4b5803fbef70
DenBronx
12-20-2018, 01:28 PM
So Annabell is trying to step in now? Man this is getting ugly.
Who has the power to fire Ellis? I would think his firing would benefit Beth.
Al Wilson 4 Mayor
12-20-2018, 06:23 PM
So Annabell is trying to step in now? Man this is getting ugly.
Who has the power to fire Ellis? I would think his firing would benefit Beth.
It could get even more ugly once the opposition states she’s not in the right state of mind to oppose since she recently admitted to the early onset of Alzheimer’s.
I just don't want someone to get ownership and sell the team.
DenBronx
12-20-2018, 06:41 PM
It could get even more ugly once the opposition states she’s not in the right state of mind to oppose since she recently admitted to the early onset of Alzheimer’s.
That’s going to be the othersides argument.
Al Wilson 4 Mayor
12-20-2018, 06:46 PM
That’s going to be the othersides argument.
That’s what I said. That’s what opposition means.
FanInAZ
12-20-2018, 10:59 PM
So Annabell is trying to step in now? Man this is getting ugly.
Who has the power to fire Ellis? I would think his firing would benefit Beth.
The link keeps crashing on me before I can get past the 1st paragraphs, but all the articles in this thread combine to lead me to believe that the Bowlens are creating a united front to get rid of the Trust on the grounds that they don't believe it will ever honor the will of Pat Bowlen by relinquishing control of the team to 1 of the kids.
gregbroncs
12-20-2018, 11:57 PM
The link keeps crashing on me before I can get past the 1st paragraphs, but all the articles in this thread combine to lead me to believe that the Bowlens are creating a united front to get rid of the Trust on the grounds that they don't believe it will ever honor the will of Pat Bowlen by relinquishing control of the team to 1 of the kids.
Not quite, It says that the trust is favoring the children of Pat's second wife and excluding his children from the 1st marriage. It says a lot of other things but this seems to be the main point of contention.
Personally I want the one taking charge to be the right person. But that is not how this will be decided.
Simple Jaded
12-21-2018, 01:38 AM
“We have concerns regarding the validity of the current Trust as we recently learned my fathers original Trust was revoked and replaced after his Alzheimer’s diagnosis”— Beth Bowlen Wallace
This pile of shit (Joe Bush) stinks to high heaven.
MOtorboat
12-21-2018, 01:46 AM
“We have concerns regarding the validity of the current Trust as we recently learned my fathers original Trust was revoked and replaced after his Alzheimer’s diagnosis”— Beth Bowlen Wallace
This pile of shit (Joe Bush) stinks to high heaven.
Bullshit. They updated the language of the trust every few years since the early 2000s. That’s been reported publicly. In the last version he felt it had to be the last.
And I don’t believe the trustees ever changed.
This is a shady power play, and I fear these people would be the clowns to move the team.
Simple Jaded
12-21-2018, 01:48 AM
Bullshit. They updated the language of the trust every few years since the early 2000s. That’s been reported publicly. In the last version he felt it had to be the last.
And I don’t believe the trustees ever changed.
Don’t shoot the messenger.
Bush needs to go.
MOtorboat
12-21-2018, 01:53 AM
Don’t shoot the messenger.
Bush needs to go.
She got her ass fired and now wants the team. Don’t shoot the messenger.
The statement from the Trust and Ellis on Thursday inferred Bowlen Wallace may have been fired, saying she was “fully informed as to why her employment with the team ended in 2015.’’
https://www.9news.com/article/sports/a-closer-look-at-whether-beth-bowlen-wallace-has-met-pat-bowlen-trust-criteria/73-560656775
Simple Jaded
12-21-2018, 01:55 AM
She got her ass fired and now wants the team. Don’t shoot the messenger.
https://www.9news.com/article/sports/a-closer-look-at-whether-beth-bowlen-wallace-has-met-pat-bowlen-trust-criteria/73-560656775
I wonder if she got fired for refusing to drop “Bowlen” from her name?
MOtorboat
12-21-2018, 02:00 AM
I wonder if she got fired for refusing to drop “Bowlen” from her name?
If her claim is legit, I hope the team isn’t in Toronto in five years.
Simple Jaded
12-22-2018, 12:39 AM
If her claim is legit, I hope the team isn’t in Toronto in five years.
That bitch!
If her claim is legit, I hope the team isn’t in Toronto in five years.
**** T.Dot.
Shazam!
03-25-2019, 07:29 PM
BBrittany Bowlen to rejoin Broncos “within the year,” CEO Joe Ellis said
https://www.denverpost.com/2019/03/25/brittany-bowlen-to-rejoin-broncos-joe-ellis/amp/
Cugel
03-26-2019, 12:31 PM
If her claim is legit, I hope the team isn’t in Toronto in five years.
Muhahahahahaha! Like the NFL would permit anybody to move the team from Denver to Canada! No chance in the world. The franchise is successful with a big fan base in Denver. And they have a stadium. They might like to renew the stadium but now would be a very bad time to try that since the team has sucked for years now. The last stadium deal was passed right after the team won 2 SBs.
There's no indication that either Brittany or Beth Bowlen would move the team. Or that they would get owner approval if they tried.
Cugel
03-26-2019, 12:33 PM
BBrittany Bowlen to rejoin Broncos “within the year,” CEO Joe Ellis said
https://www.denverpost.com/2019/03/25/brittany-bowlen-to-rejoin-broncos-joe-ellis/amp/
The Trustees are grooming Brittany as quickly as they can to forestall Beth's impending lawsuit. If they can get her "qualified" within 3 years then they can slide her into the team and John Elway and Joe Ellis can resign at the same time, when Elway's contract is up.
Then Brittany could take over and hire the next GM. Or she could try and convince Elway to stay, although he probably wants to move into NFL ownership somewhere.
TXBRONC
04-02-2019, 07:42 PM
The Trustees are grooming Brittany as quickly as they can to forestall Beth's impending lawsuit. If they can get her "qualified" within 3 years then they can slide her into the team and John Elway and Joe Ellis can resign at the same time, when Elway's contract is up.
Then Brittany could take over and hire the next GM. Or she could try and convince Elway to stay, although he probably wants to move into NFL ownership somewhere.
We'll see if he is actually leaving.
BeefStew25
04-02-2019, 10:52 PM
Elway don’t have enough loot. This is as good as it gets.
Hawgdriver
04-02-2019, 11:01 PM
Elway don’t have enough loot. This is as good as it gets.
You mean this is peak-Broncos?
BeefStew25
04-03-2019, 07:17 AM
You mean this is peak-Broncos?
Maybe he’s like a Joe Ellis guy later. But yeah.
Davii
04-03-2019, 07:30 AM
We'll see if he is actually leaving.
He's not going anywhere.
TXBRONC
04-03-2019, 11:45 AM
He's not going anywhere.
I know, I just said didn't feel like arguing any further with Cug.
Simple Jaded
04-03-2019, 09:39 PM
The Trustees are grooming Brittany as quickly as they can to forestall Beth's impending lawsuit. If they can get her "qualified" within 3 years then they can slide her into the team and John Elway and Joe Ellis can resign at the same time, when Elway's contract is up.
Then Brittany could take over and hire the next GM. Or she could try and convince Elway to stay, although he probably wants to move into NFL ownership somewhere.
You were super good at Dot-to-Dot as a kid, I bet?
Powered by vBulletin® Version 4.2.4 Release Candidate 2 Copyright © 2024 vBulletin Solutions, Inc. All rights reserved.