Hey Cugel, are appellate briefs as awful in real life as they are in school?
Also, do you have an owner you'd prefer.
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.
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.
Last edited by Cugel; 10-26-2018 at 07:02 PM.
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!
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.
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).
Last edited by Tned; 10-27-2018 at 11:52 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.
"Tuning ... into each other ... lift all higher”
“I’m just different!”
“ . . . Picture a cup in the middle of the sea”
Draft
1st round— Cooper Dejean CB
2nd round— Jack Sawyer OLB
3rd round— Will Shipley RB
4th round— Ricky Pearsall WR
5th round— Ladd McKonkey WR
6th round— Cash Jones RB
7th round— Carson Steele RB
Ah, good. I never litigated any trust issues. I just draft them!
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.
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