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Big Quett
01-09-2009, 05:36 AM
if a team were to sign the free-agent forward "for the purpose of adversely impacting the Portland Trail Blazers' salary cap and tax positions," the Blazers might pursue litigation, team president Larry Miller stated an e-mail obtained by SI.com and Yahoo! Sports late Thursday night.

"Please be aware that if a team engages in such conduct, the Portland Trail Blazers will take all necessary steps to safeguard its rights, including, without limitation, litigation," Miller wrote.




“The point that everybody is missing is that this isn’t about Portland’s salary cap. It’s about whether this guy [Miles] is healthy enough to play or not,” said an Eastern Conference executive. “He obviously is healthy enough to play. It doesn’t matter how good he plays. He can still play, and they said he couldn’t.

“Portland received benefits when [Miles’] injury was ruled career-ending. If he can play, they don’t deserve to have those benefits.”


http://sports.espn.go.com/nba/news/story?id=3820794

pete_one
01-09-2009, 06:46 AM
thats not cool, all they're worried about is their money, let MILES try to find employment

GregOden#1
01-09-2009, 06:53 AM
The injury was ruled career ending because the player in question would be seriously damaging his knees even further if he continued to play professional basketball, bad enough to need a full knee replacement surgery. If the player in question doesn't care and still wants to play that shoudn't affect the salary cap situation of the Blazers.

And people need to drop the act that the Blazers are trying to keep Miles from playing. If Miles does get signed to a contract the Blazers will appeal the decision, Miles still gets to play. Even if the Blazers sue another team for blackmailing them Miles will still get to play.

Big Quett
01-09-2009, 07:43 AM
“The point that everybody is missing is that this isn’t about Portland’s salary cap. It’s about whether this guy [Miles] is healthy enough to play or not,” said an Eastern Conference executive. “He obviously is healthy enough to play. It doesn’t matter how good he plays. He can still play, and they said he couldn’t.

“Portland received benefits when [Miles’] injury was ruled career-ending. If he can play, they don’t deserve to have those benefits.”



I dont think people are getting this point. The point was their doctors said he was medically unable to play. And he can play. But as previously stated it doesn't matter how good he can play. The point is he can play. So why should Portland benefit?

Big Quett
01-09-2009, 07:48 AM
.....

GregOden#1
01-09-2009, 07:54 AM
I dont think people are getting this point. The point was their doctors said he was medically unable to play. And he can play. But as previously stated it doesn't matter how good he can play. The point is he can play. So why should Portland benefit?

No...should I repost what I said?

The doctors said he shoudn't play anymore as playing would cause serious damage to his knee cap to the point of needing a complete replacement. Playing Miles a minute and a half in garbage time of a blow out doesn't change the fact that he shoudn't be playing anymore.

BlondeBomber41
01-09-2009, 08:01 AM
No...should I repost what I said?

The doctors said he shoudn't play anymore as playing would cause serious damage to his knee cap to the point of needing a complete replacement. Playing Miles a minute and a half in garbage time of a blow out doesn't change the fact that he shoudn't be playing anymore.

What you dont seem to realize is that there are tons of old, injured NBA players over the years that shouldnt of been still playing and were doing damage to their previous injuries. That doesnt mean that the teams those players played on shouldnt have to pay the salary or get cap relief.

They gave out a ****** contract and they will eventually have to deal with the consequences like every other NBA team. Tough luck.

To try and say they may file legal action against a team for signing him is the stupidest thing I have heard in awhile, and seems quite childish.

Tblaze
01-09-2009, 08:01 AM
I dont think people are getting this point. The point was their doctors said he was medically unable to play. And he can play. But as previously stated it doesn't matter how good he can play. The point is he can play. So why should Portland benefit?

It's same with cuttino Mobley in a more extreme form. Mobley had heart issues that could be life threatening so they advised him to stop playing. (his injury was determined career ending too). Now they've done the same with Miles. If he continues to play he will just **** it up further. Of course he can stand on the court for 10 games, maybe even score a point... but he's damaging himself doing so.

Draco
01-09-2009, 08:12 AM
"Please be aware that if a team engages in such conduct, the Portland Trail Blazers will take all necessary steps to safeguard its rights, including, without limitation, litigation," Miller wrote.

I'd be interesting knowing how the Blazers intend to make their case.. using Livingston as a benchmark for a team taking a chance on a gimpy player that's 4 games in 3 months for 10 mpg. I don't think the team picking up Miles would have to play him at all. It's their discretion regardless of the Blazers situation.

GregOden#1
01-09-2009, 08:19 AM
I'd be interesting knowing how the Blazers intend to make their case.. using Livingston as a benchmark for a team taking a chance on a gimpy player that's 4 games in 3 months for 10 mpg. I don't think the team picking up Miles would have to play him at all. It's their discretion regardless of the Blazers situation.

Not if they have the intent to screw with another franchise. The Blazers have alot of ground to sue if a team does sign and play Miles garbage time in 2 games. Wether they'd win or not is speculation, but they very well could. It's not about that. NO owner in the league would risk a long drawn out lawsuit with Paul Allen just to gain a bit of luxury tax. Not only that, but suing the team who signs Miles would put the renewal of the cap to pending status, the players association would have to sign off on it but they're already pissed off as it is that Miles is being treated like a pawn.

BlondeBomber41
01-09-2009, 08:22 AM
Ugh, Miles isnt being treated like a pawn. If the teams that he has signed with were signing him for the purpose of screwing the Blazers, they would of kept him for his 10 games. Boston only played him in the preseason and he played 2 games in Memphis. Memphis could of easily played him 2 more games if the purpose was to screw Portland, but they didnt.

Tblaze
01-09-2009, 08:30 AM
Ugh, Miles isnt being treated like a pawn. If the teams that he has signed with were signing him for the purpose of screwing the Blazers, they would of kept him for his 10 games. Boston only played him in the preseason and he played 2 games in Memphis. Memphis could of easily played him 2 more games if the purpose was to screw Portland, but they didnt.

I believe they didn't know it was just 2 games instead of 8 when they cut him.

DitchDat
01-09-2009, 08:54 AM
lol this means nothing, teams can still sign him.

corymayn
01-09-2009, 09:13 AM
http://sports.espn.go.com/nba/news/story?id=3820794



dumbest **** i ever heard, THEY ARE THE ONES THAT GAVE HIM THE CONTRACT so deal with it, if i was a GM i would sign miles just because they "tried" to tell me not to, it dont work like that, hell look at j.oneals contract, you didnt hear the pacers or raptors *****in about that, **** happens, get over it

GregOden#1
01-09-2009, 09:17 AM
dumbest **** i ever heard, THEY ARE THE ONES THAT GAVE HIM THE CONTRACT so deal with it, if i was a GM i would sign miles just because they "tried" to tell me not to, it dont work like that, hell look at j.oneals contract, you didnt hear the pacers or raptors *****in about that, **** happens, get over it

Owners didn't get to where they are by being ******** with their money. Signing Miles to screw with Portland was bad enough, risking a very long and costly lawsuit with Paul freaking Allen just out of spite is plain ********.

29$JerZ
01-09-2009, 09:27 AM
MEdically speaking he isn't suppose to be playing. However if still can sign a contract and it apperas he'll play for whoever seeing as how he has accepted a few 10 contracts with Memphis and Boston.

Portland filing a suit is pointless because although the doctors said he was unable to play, he still wants to play. Portland owns his rights and therefore have to pay him regardless of what happens. Now if Miles gets badly injured due to his knees I can see the Blazers filing a suit about having to pay a guy who isn't suppose to be playing his money. But unless he gets hurt Portland can't do nothing.

GregOden#1
01-09-2009, 09:30 AM
MEdically speaking he isn't suppose to be playing. However if still can sign a contract and it apperas he'll play for whoever seeing as how he has accepted a few 10 contracts with Memphis and Boston.

Portland filing a suit is pointless because although the doctors said he was unable to play, he still wants to play. Portland owns his rights and therefore have to pay him regardless of what happens. Now if Miles gets badly injured due to his knees I can see the Blazers filing a suit about having to pay a guy who isn't suppose to be playing his money. But unless he gets hurt Portland can't do nothing.

They're paying him regardless, they just dont want it to count against the cap.

blackjack_119
01-09-2009, 09:44 AM
What you dont seem to realize is that there are tons of old, injured NBA players over the years that shouldnt of been still playing and were doing damage to their previous injuries. That doesnt mean that the teams those players played on shouldnt have to pay the salary or get cap relief.

They gave out a ****** contract and they will eventually have to deal with the consequences like every other NBA team. Tough luck.

To try and say they may file legal action against a team for signing him is the stupidest thing I have heard in awhile, and seems quite childish.

Don't become a lawyer!

Elements for Tortious Interference:

1. The existence of a contractual relationship or beneficial business relationship between two parties.
2. Knowledge of that relationship by a third party.
3. Intent of the third party to induce a party to the relationship to breach the relationship.
4. Lack of any privilege on the part of the third party to induce such a breach.
5. Damage to the party against whom the breach occurs.

All would be really easy to prove in this case. The only tough one is "3. Intent" though that info is flushed out in discovery when front office personnel are required so submit depositions and are informed that they face jail time if they perjure themselves. Who would go to prison to screw the Blazers?

And now tell the "Bad Faith Team: tell them what the damages they will have to compensate Portland for are:
1. Compensate Portland for all luxury tax paid as a result of the tortious interference.
2. Pay Portland the dollar amount that the court deems the value of their lost cap space.
3. Any other resulting damages.
4. PUNITIVES. The court will force you to pay a dollar amount that it believes will ensure you never act in this manner again. (Ford didn't like the $125M they had to pay for the Pinto)

king4day
01-09-2009, 09:52 AM
I don't have a problem with taking action if they can prove a team did it to hurt the Blazers on purpose.
However, if I'm a team that truely wanted Miles on the team to help out, and Portland sues, I make sure to countersue big time.
I don't know how they will be able to prove it in the end anyway. A team can sign him to a 10 day contract, play him in 4 or 5 games so it doesn't look suspicious, then don't renew the contract.
Portland has no chance here.

cubulls
01-09-2009, 09:53 AM
This won't stop anyone from signing him. Nice try Portland, but you are screwed so deal with it. What a bunch of *******...

blackjack_119
01-09-2009, 09:57 AM
I don't have a problem with taking action if they can prove a team did it to hurt the Blazers on purpose.
However, if I'm a team that truely wanted Miles on the team to help out, and Portland sues, I make sure to countersue big time.
I don't know how they will be able to prove it in the end anyway. A team can sign him to a 10 day contract, play him in 4 or 5 games so it doesn't look suspicious, then don't renew the contract.
Portland has no chance here.

And when the coffee boy spills the beans, then the team gets sued for an egregious amount of money. This is why Portland sent the email

blackjack_119
01-09-2009, 09:59 AM
I don't have a problem with taking action if they can prove a team did it to hurt the Blazers on purpose.
However, if I'm a team that truely wanted Miles on the team to help out, and Portland sues, I make sure to countersue big time.
I don't know how they will be able to prove it in the end anyway. A team can sign him to a 10 day contract, play him in 4 or 5 games so it doesn't look suspicious, then don't renew the contract.
Portland has no chance here.

There would be no grounds for a countersuit, but the suit would be summarily dismissed before even going to court if it was a good faith signing.

GregOden#1
01-09-2009, 09:59 AM
This won't stop anyone from signing him. Nice try Portland, but you are screwed so deal with it. What a bunch of *******...

Sorry but, tough luck. Paul Allen didn't become one of the richest men in the world by letting unethical cheapskate owners walk all over him. If you screw with Portland, Paul Allen will eat you for lunch. He's the biggest baddest school yard bully of all time, signing Miles with the intent to mess with the Blazers cap isn't smart.

king4day
01-09-2009, 10:01 AM
And when the coffee boy spills the beans, then the team gets sued for an egregious amount of money. This is why Portland sent the email

Yea but I'd like to think the decision makers would be a bit smarter than to make it well known within the organization what their intent is.

If anything, they shoulda waited for a team to sign him, let him play two games, and release him. That way they'd have a better case.
NOW, everyone knows Portlands intent. If they sign the guy with the objective to screw Portland, just keep him for the full 10 days and play him a bunch of games or even sign him to a second 10 day contract.

Draco
01-09-2009, 10:05 AM
Don't become a lawyer!

Elements for Tortious Interference:

1. The existence of a contractual relationship or beneficial business relationship between two parties.
2. Knowledge of that relationship by a third party.
3. Intent of the third party to induce a party to the relationship to breach the relationship.
4. Lack of any privilege on the part of the third party to induce such a breach.
5. Damage to the party against whom the breach occurs.

All would be really easy to prove in this case. The only tough one is "3. Intent" though that info is flushed out in discovery when front office personnel are required so submit depositions and are informed that they face jail time if they perjure themselves. Who would go to prison to screw the Blazers?

And now tell the "Bad Faith Team: tell them what the damages they will have to compensate Portland for are:
1. Compensate Portland for all luxury tax paid as a result of the tortious interference.
2. Pay Portland the dollar amount that the court deems the value of their lost cap space.
3. Any other resulting damages.
4. PUNITIVES. The court will force you to pay a dollar amount that it believes will ensure you never act in this manner again. (Ford didn't like the $125M they had to pay for the Pinto)

Two parts of this post that has me confused. What contract is being breached in this example? Assuming there is a breach (and there isn't) do you really think that intent to damage the Blazers is going to come out in deposition? We're not talking about teenagers who are being questioned about a DUI. Don't you think the other party in this case might be smart enough to simply say (through their own high powered lawyers no less); "Our club wanted Darius Miles' services".

GregOden#1
01-09-2009, 10:07 AM
Two parts of this post that has me confused. What contract is being breached in this example? Assuming there is a breach (and there isn't) do you really think that intent to damage the Blazers is going to come out in deposition? We're not talking about teenagers who are being questioned about a DUI. Don't you think the other party in this case might be smart enough to simply say; "Our club wanted Darius Miles' services".

Not under oath with the charge of purgury on them. Like blackjack said if the coffee boy spills the beans everyone's going to jail. All it takes is one.

blackjack_119
01-09-2009, 10:09 AM
Yea but I'd like to think the decision makers would be a bit smarter than to make it well known within the organization what their intent is.

If anything, they shoulda waited for a team to sign him, let him play two games, and release him. That way they'd have a better case.
NOW, everyone knows Portlands intent. If they sign the guy with the objective to screw Portland, just keep him for the full 10 days and play him a bunch of games or even sign him to a second 10 day contract.

The "decision makers" are the one's risking jail time as well. Say you are a GM being asked about what happened... if you lie and get caught, you go to prison. If you tell the truth, your owner loses about $30M... how many GM's would risk lying? And all this to put Portland in the luxury tax? No GM would be dumb enough to lie about it if they decide to do it.

Draco
01-09-2009, 10:10 AM
Not under oath with the charge of purgury on them. Like blackjack said if the coffee boy spills the beans everyone's going to jail. All it takes is one.

I'll give you that for the sake of argument. But were's the breach? Miles is contractually done with playing for the Blazers. He can seek employment with whomever he chooses. The Blazers can't force him to remain unemployed.

GregOden#1
01-09-2009, 10:13 AM
I'll give you that for the sake of argument. But were's the breach? Miles is contractually done with playing for the Blazers. He can seek employment with whomever he chooses. The Blazers can't force him to remain unemployed.

If he was contractually done they woudn't be paying him 9 million this year.

cubulls
01-09-2009, 10:14 AM
I'll give you that for the sake of argument. But were's the breach? Miles is contractually done with playing for the Blazers. He can seek employment with whomever he chooses. The Blazers can't force him to remain unemployed.

Exactly. Portland can't control his life. This whole thing is a joke. Threats like these are a bluff but someone with balls won't fall for it.

Draco
01-09-2009, 10:17 AM
If he was contractually done they woudn't be paying him 9 million this year.

That's not what Tortious Interference is about. Team X wouldn't be preventing Miles from performing for the Blazers. The only remaining obligation is on Portlands end... for Portland to pay Miles.

GregOden#1
01-09-2009, 10:20 AM
That's not what Tortious Interference is about. Team X wouldn't be preventing Miles from performing for the Blazers. The only remaining obligation is on Portlands end... for Portland to pay Miles.

They arent preventing someone to sign Miles, they're threatening to sue if the intent to sign Miles is to screw Portland over.

cubulls
01-09-2009, 10:27 AM
They arent preventing someone to sign Miles, they're threatening to sue if the intent to sign Miles is to screw Portland over.

There is no way for them to prove any intent. Of course the reason is to screw them but you aren't going to have anyone say that on camera. They have nothing...

GregOden#1
01-09-2009, 10:30 AM
There is no way for them to prove any intent. Of course the reason is to screw them but you aren't going to have anyone say that on camera. They have nothing...

You know for someone who doesn't know what the **** they're talking about you have a pretty strong opinion about this.

blackjack_119
01-09-2009, 10:34 AM
Two parts of this post that has me confused. What contract is being breached in this example? Assuming there is a breach (and there isn't) do you really think that intent to damage the Blazers is going to come out in deposition? We're not talking about teenagers who are being questioned about a DUI. Don't you think the other party in this case might be smart enough to simply say (through their own high powered lawyers no less); "Our club wanted Darius Miles' services".

Part 1: While Darius Miles is no longer a member of the Portland Trailblazers, a contract does still exist between them. Right now, Miles is guaranteed $18M and is under no obligation to play for the Blazers. The bargaining agreement interprets and enforces certain elements of the contract. Including the salary cap ramifications of contracts. Because of the medical determination, the interpretation is that Miles' contract does not count against the books. That is the "contract" at hand.

That odd response begs the question, "Isn't another team "privileged" to sign him to a contract? (If this were the case, the fourth element would be negated) Any team has the right to sign Darius Miles to a "Good Faith" contract. (Meaning any normal contract independent of external forces) In the world of contract law "Bad Faith" contracts are unenforceable. Teams cannot ostensibly sign a player to play when the actual reason is to interfere with a previous contract. In the same way, the Blazers cannot sign Darius Miles to a $4M contract where he agrees to not play the rest of the season in order to avoid paying the luxury tax. It would be a bad faith contract to alter (or in this case, ensure events don't take place that would alter) their previous contract. ***While I am confident in discussing Contract Law, by no means to I purport to fully understand the nuances of the CBA... though I am one of the few people that has actually read the document. My guess would be that additional stipulations spelled out in the agreement prevent Portland from resigning Miles, though that wasn't really what I was going for in the analogy.

Part 2:
First, it is an ABA violation to advise a client to lie. Punishment for an attorney acting in this manner would be disbarment. Second, the way they conduct the depositions would likely be: Depose 30 front office personnel all at the same time; ask them what happened; and inform them that if they perjure themselves they face prison time. No one is dumb enough to risk lying over something as trivial as basketball if it means jail time. The person giving the deposition usually freaks out about any of the other 30 lying and tells the truth.

On a more practical note... we are not talking about murder, we are talking about tortious interference of a contract. That is civil law... there is no jail time. No one would risk jail time for perjury when there are no penalties for them telling the truth. Even the owners who stand to lose $30M+ wouldn't lie. They learned from Martha Stewart. Take the fine... avoid the time.

GregOden#1
01-09-2009, 10:40 AM
The thing that bugs me is that all season people on this forum and many other forums have been openly wishing Miles get signed so it can screw over the Blazers. Now that Paul Allen is strong arming the rest of the NBA people are all crying foul. If it wasn't unethical for an NBA owner to sign Miles with the intent of either screwing over the Blazers cap or putting them over the luxury tax so they can make more money...why is it unethical now?

The difference is the Blazers are ****ing scary. No other team is this classy and still gets this much hate. We dont have floppers like the Spurs, we dont have bad characters like the Celtics and we dont have whiners like the Lakers, we're classy good character guys so there's no reason to hate us. That just tells me how scary the Trailblazers are, the ONLY reason to hate and wish terrible things on us (hoping Oden gets reinjured, hoping Miles gets put back on the cap, hoping Rudy demands a trade, etc) is because of how ridiculously good they are going to become.

blackjack_119
01-09-2009, 10:41 AM
I'll give you that for the sake of argument. But were's the breach? Miles is contractually done with playing for the Blazers. He can seek employment with whomever he chooses. The Blazers can't force him to remain unemployed.

Sorry the response took so long... hopefully it is coherent enough. I heard about this at 2am my time and have been trying to explain it on multiple sites ever since. I hate it when ESPN runs stories with their "legal analysis" before consulting lawyers.

MKH
01-09-2009, 10:43 AM
Not under oath with the charge of purgury on them. Like blackjack said if the coffee boy spills the beans everyone's going to jail. All it takes is one.

Having litigated numerous cases, including all the way to the Federal Court oof Appeals, I don't see the basis for a litigation here. First thing, Portland released him, so they don't currently have a contract with him that can be breached. Second, the issues would be covered by the Collective Bargaining agreement, not the individual player contract. The issue here is not the right to sign him, the issue is whether it should affect his counting against the salary cap. That would be for the league to decide. But I don't understand why people think that a team can't sign him in order to make sure he counts for those purpose. I would be surprised if there are rules in the CB governing these type oof cases. Teams are allowed to use any legal competitive advantage.

The only thing teams can't do (and this would be blackmail), is call up Portland and saying "trade me this player or I will sign him". And that would be stupid, cause Portland would then have to do the same for every team, which of course is impossible.

Sorry, I think Portland has made a lot of great decisions as a team. But this is one bad decision, I think they will be forced to live with.

The more interesting legal issue is whether Portland's threat of litigation, is tortuous interference by Portland.

GregOden#1
01-09-2009, 10:49 AM
Having litigated numerous cases, including all the way to the Federal Court oof Appeals, I don't see the basis for a litigation here. First thing, Portland released him, so they don't currently have a contract with him that can be breached. Second, the issues would be covered by the Collective Bargaining agreement, not the individual player contract. The issue here is not the right to sign him, the issue is whether it should affect his counting against the salary cap. That would be for the league to decide. But I don't understand why people think that a team can't sign him in order to make sure he counts for those purpose. I would be surprised if there are rules in the CB governing these type oof cases. Teams are allowed to use any legal competitive advantage.

The only thing teams can't do (and this would be blackmail), is call up Portland and saying "trade me this player or I will sign him". And that would be stupid, cause Portland would then have to do the same for every team, which of course is impossible.

Sorry, I think Portland has made a lot of great decisions as a team. But this is one bad decision, I think they will be forced to live with.

The more interesting legal issue is whether Portland's threat of litigation, is tortuous interference by Portland.

Not saying you're wrong. But Miller didn't just come out of nowhere with this, there must've been AT LEAST 10 high paid all-star lawyers signing off on this decision before any press release was ever made.

You're also confusing a business with a franchise. NBA teams are franchises and they govern very differently than seperate businesses. You cant go out and out to screw over the guy next door.

Mr Grim
01-09-2009, 10:51 AM
It sounds like Portland has a case of sour grapes.

If team "X" was interested in signing Miles, wouldnt he have to go through a physical? And if he passes said physical wouldnt that leave Portland without a case? If he steps on the court and plays any minutes, that would signal he was healthy enough to be playing and Portland shouldnt get jack then.

Even if another team wanted to do Portland dirty and mess up there cap, who's to say they cant? If he's a FA then he's in fair play for every team whether the Blazers or their owner like it.

Mr Grim
01-09-2009, 10:52 AM
Obviously Portland must have something cooking, otherwise none of us would be debating it.

DenButsu
01-09-2009, 10:53 AM
Not under oath with the charge of purgury on them. Like blackjack said if the coffee boy spills the beans everyone's going to jail. All it takes is one.

Oh, the drama. :rolleyes:

This is completely ridiculous. They're just trying to intimidate other teams by lawyering them. But the bottom line is that it wouldn't take much more than having a player on this list (http://www.sportsline.com/nba/injuries), and it probably wouldn't even take that much, for a team to plausibly claim they had a legitimate interest in Miles as a player. And the burden of proof would be on the Blazers to prove they intended otherwise, which would be damn near impossible.

Nothing but hot air here.

Big Quett
01-09-2009, 10:53 AM
Portland is going to have a hard time proving someone signed him just to screw them. And besides he can actually still play he is still on 27 years old. And if Memphis really wanted to screw Portland they could have easily done it. We are are about 7.5 mill under the cap. And his salary for the rest of the year would have been about 300k.

I actually seen him play his last game. He played pretty well. In 7 mins he had 2 boards and 2 blocks.
Check this one out
http://www.youtube.com/watch?v=Zs2G2asJPVc&feature=related

blackjack_119
01-09-2009, 10:54 AM
Having litigated numerous cases, including all the way to the Federal Court oof Appeals, I don't see the basis for a litigation here. First thing, Portland released him, so they don't currently have a contract with him that can be breached. Second, the issues would be covered by the Collective Bargaining agreement, not the individual player contract. The issue here is not the right to sign him, the issue is whether it should affect his counting against the salary cap. That would be for the league to decide. But I don't understand why people think that a team can't sign him in order to make sure he counts for those purpose. I would be surprised if there are rules in the CB governing these type oof cases. Teams are allowed to use any legal competitive advantage.

The only thing teams can't do (and this would be blackmail), is call up Portland and saying "trade me this player or I will sign him". And that would be stupid, cause Portland would then have to do the same for every team, which of course is impossible.

Sorry, I think Portland has made a lot of great decisions as a team. But this is one bad decision, I think they will be forced to live with.

The more interesting legal issue is whether Portland's threat of litigation, is tortuous interference by Portland.

Stop being so pretentious... you give all of us a bad name. You are flaunting that you have tried a case in the Federal Court of Appeals... you make that sound impressive... rather than that being the first level of appeals beyond Federal District Court. You act so high and mighty yet a "court certified" second year law student working for the DA's office can be before a Federal Court of Appeals. As for your legal analysis, I only got through the first paragraph which was patently wrong... please give me some more time to destroy your analysis line by line.

*** PS to Mods who might want to block this reply... If the guy is a lawyer... give me the opportunity to instill some humility first. We all know the profession needs some.

cubulls
01-09-2009, 10:55 AM
Oh, the drama. :rolleyes:

This is completely ridiculous. They're just trying to intimidate other teams by lawyering them. But the bottom line is that it wouldn't take much more than having a player on this list (http://www.sportsline.com/nba/injuries), and it probably wouldn't even take that much, for a team to plausibly claim they had a legitimate interest in Miles as a player. And the burden of proof would be on the Blazers to prove they intended otherwise, which would be damn near impossible.

Nothing but hot air here.

:clap:

DenButsu
01-09-2009, 10:56 AM
Check this one out
http://www.youtube.com/watch?v=Zs2G2asJPVc&feature=related

Thank you. :clap:

There you go, ladies and gentlemen. Exhibit A. The man can play. Any team can sign him.

GregOden#1
01-09-2009, 10:58 AM
Oh, the drama. :rolleyes:

This is completely ridiculous. They're just trying to intimidate other teams by lawyering them. But the bottom line is that it wouldn't take much more than having a player on this list (http://www.sportsline.com/nba/injuries), and it probably wouldn't even take that much, for a team to plausibly claim they had a legitimate interest in Miles as a player. And the burden of proof would be on the Blazers to prove they intended otherwise, which would be damn near impossible.

Nothing but hot air here.

This has already been answered by Blackjack.

Mr Grim
01-09-2009, 10:58 AM
For a guy with bad knees he seemed to have no problem getting up there on that monster block

MKH
01-09-2009, 11:01 AM
Part 1: While Darius Miles is no longer a member of the Portland Trailblazers, a contract does still exist between them. Right now, Miles is guaranteed $18M and is under no obligation to play for the Blazers. The bargaining agreement interprets and enforces certain elements of the contract. Including the salary cap ramifications of contracts. Because of the medical determination, the interpretation is that Miles' contract does not count against the books. That is the "contract" at hand.

That odd response begs the question, "Isn't another team "privileged" to sign him to a contract? (If this were the case, the fourth element would be negated) Any team has the right to sign Darius Miles to a "Good Faith" contract. (Meaning any normal contract independent of external forces) In the world of contract law "Bad Faith" contracts are unenforceable. Teams cannot ostensibly sign a player to play when the actual reason is to interfere with a previous contract. In the same way, the Blazers cannot sign Darius Miles to a $4M contract where he agrees to not play the rest of the season in order to avoid paying the luxury tax. It would be a bad faith contract to alter (or in this case, ensure events don't take place that would alter) their previous contract. ***While I am confident in discussing Contract Law, by no means to I purport to fully understand the nuances of the CBA... though I am one of the few people that has actually read the document. My guess would be that additional stipulations spelled out in the agreement prevent Portland from resigning Miles, though that wasn't really what I was going for in the analogy.

Part 2:
First, it is an ABA violation to advise a client to lie. Punishment for an attorney acting in this manner would be disbarment. Second, the way they conduct the depositions would likely be: Depose 30 front office personnel all at the same time; ask them what happened; and inform them that if they perjure themselves they face prison time. No one is dumb enough to risk lying over something as trivial as basketball if it means jail time. The person giving the deposition usually freaks out about any of the other 30 lying and tells the truth.

On a more practical note... we are not talking about murder, we are talking about tortious interference of a contract. That is civil law... there is no jail time. No one would risk jail time for perjury when there are no penalties for them telling the truth. Even the owners who stand to lose $30M+ wouldn't lie. They learned from Martha Stewart. Take the fine... avoid the time.

The truth is that no one can legally speak to this without having reviewed the Collective Bargaining agreement, which is going to be the controlling document here.

But it is clear to all that another team can sign him to play. So whatever contract everyone thinks exists is one that allows him to be signed by another team. So I am having a hard time imagining where the tortuous interference is here. I think it unlikely that the language covers motivation in a team's signing. Courts are very reluctant to enforce any kind of restrictive covenants to begin with.

As I said before the more interesting issues is whether Portland's threat violated the Collective Bargaining Agreement (perhaps even similar in type - trying to restrict a players movement - to the collusion suits against MLB). I am surprised the Player's Association is getting involved. I truly wonder whether Portland's action is tortuous interference with a player's rights under the CBA.

JJ81
01-09-2009, 11:01 AM
OKL should pick him up

kidfury
01-09-2009, 11:04 AM
Everyone has a right to work. Now if I were to publicly slander someone in a newspaper saying that person is a no good lazy SOB, that could possibly hurt someone's chance at future employment. I may be mistaken but a person can sue another for slander. The Blazers haven't really slandered Miles but they've essentially tried to stop him from finding employment. Does Miles have any case to legally take the Blazers to court?

Tblaze
01-09-2009, 11:05 AM
Seeing Portland seems to be the team to trade with before the deadline I think alot of teams will not take the risk not being able to trade with them anymore after they screwed them over.

Draco
01-09-2009, 11:06 AM
Part 1: While Darius Miles is no longer a member of the Portland Trailblazers, a contract does still exist between them. Right now, Miles is guaranteed $18M and is under no obligation to play for the Blazers. The bargaining agreement interprets and enforces certain elements of the contract. Including the salary cap ramifications of contracts. Because of the medical determination, the interpretation is that Miles' contract does not count against the books. That is the "contract" at hand.

That odd response begs the question, "Isn't another team "privileged" to sign him to a contract? (If this were the case, the fourth element would be negated) Any team has the right to sign Darius Miles to a "Good Faith" contract. (Meaning any normal contract independent of external forces) In the world of contract law "Bad Faith" contracts are unenforceable. Teams cannot ostensibly sign a player to play when the actual reason is to interfere with a previous contract. In the same way, the Blazers cannot sign Darius Miles to a $4M contract where he agrees to not play the rest of the season in order to avoid paying the luxury tax. It would be a bad faith contract to alter (or in this case, ensure events don't take place that would alter) their previous contract. ***While I am confident in discussing Contract Law, by no means to I purport to fully understand the nuances of the CBA... though I am one of the few people that has actually read the document. My guess would be that additional stipulations spelled out in the agreement prevent Portland from resigning Miles, though that wasn't really what I was going for in the analogy.

Understood. Thanks for the explanation.



Part 2:
First, it is an ABA violation to advise a client to lie. Punishment for an attorney acting in this manner would be disbarment. Second, the way they conduct the depositions would likely be: Depose 30 front office personnel all at the same time; ask them what happened; and inform them that if they perjure themselves they face prison time. No one is dumb enough to risk lying over something as trivial as basketball if it means jail time. The person giving the deposition usually freaks out about any of the other 30 lying and tells the truth.

On a more practical note... we are not talking about murder, we are talking about tortious interference of a contract. That is civil law... there is no jail time. No one would risk jail time for perjury when there are no penalties for them telling the truth. Even the owners who stand to lose $30M+ wouldn't lie. They learned from Martha Stewart. Take the fine... avoid the time.

I doubt any GM would actually declare, in front of 29 front office personnel, any intentions of screwing the Blazers. Even if it were among the reasons for signing Miles. All it would take is one GM to think that Miles might help the team in more ways than one.

DirtyThirty
01-09-2009, 11:07 AM
he's alive?! lol jk

ackar
01-09-2009, 11:15 AM
isn't this like saying to other teams you better not sign a FA i like or i'll sue. What if a blzer contract is up are they then goign to say to all other teams do not try and sign my guy or we will sue?

Should D.Miles be lawyering up? Cause this is collusion and all that other crap too. He has a right to work in the field of his choice for the team that wants him.

blackjack_119
01-09-2009, 11:16 AM
Having litigated numerous cases, including all the way to the Federal Court oof Appeals, I don't see the basis for a litigation here. First thing, Portland released him, so they don't currently have a contract with him that can be breached. Second, the issues would be covered by the Collective Bargaining agreement, not the individual player contract. The issue here is not the right to sign him, the issue is whether it should affect his counting against the salary cap. That would be for the league to decide. But I don't understand why people think that a team can't sign him in order to make sure he counts for those purpose. I would be surprised if there are rules in the CB governing these type oof cases. Teams are allowed to use any legal competitive advantage.

The only thing teams can't do (and this would be blackmail), is call up Portland and saying "trade me this player or I will sign him". And that would be stupid, cause Portland would then have to do the same for every team, which of course is impossible.

Sorry, I think Portland has made a lot of great decisions as a team. But this is one bad decision, I think they will be forced to live with.

The more interesting legal issue is whether Portland's threat of litigation, is tortuous interference by Portland.


Portland released him
Portland actually requested medical waivers... either way, that does not end a contract, it only frees Miles from his obligation to play for the team. We both know the contract still exists.


Second, the issues would be covered by the Collective Bargaining agreement, not the individual player contract.
What? The case would be a tortious interference case. Neither "player contract" nor "the CBA" "decide" how is this not clearly a civil claim independent of NBA authority. Any league determination could only affect the impact. If Stern alleviates all damages, then the case would not be "ripe for trial" but how can you argue that this wouldn't be addressed in civil court.

The issue here is not the right to sign him, the issue is whether it should affect his counting against the salary cap.
I'll go with option C which I prefer to call "the right issue." The issue is that the ostensible "player contract" is initiated in bad faith for the sole purpose of creating financial implication in a contract to which they are not a party. No matter how powerful David Stern is, he doesn't govern tort law.

I'm sorry at this point it is abundantly clear that you are not a lawyer... any continued analysis is a waste of my time and yours.

cubulls
01-09-2009, 11:24 AM
:laugh:

This is funny ****. People playing lawyer on a sports forum. Law and Order does wonders...

blackjack_119
01-09-2009, 11:31 AM
The truth is that no one can legally speak to this without having reviewed the Collective Bargaining agreement, which is going to be the controlling document here.

But it is clear to all that another team can sign him to play. So whatever contract everyone thinks exists is one that allows him to be signed by another team. So I am having a hard time imagining where the tortuous interference is here. I think it unlikely that the language covers motivation in a team's signing. Courts are very reluctant to enforce any kind of restrictive covenants to begin with.

As I said before the more interesting issues is whether Portland's threat violated the Collective Bargaining Agreement (perhaps even similar in type - trying to restrict a players movement - to the collusion suits against MLB). I am surprised the Player's Association is getting involved. I truly wonder whether Portland's action is tortuous interference with a player's rights under the CBA.

Good Faith contract = perfectly legal
Bad Faith contract with intent to put Blazers over the luxury tax = TI

Larry Miller's email strictly addressed Bad Faith contracts. Of course there is no claim for a good faith contract. But it would not be Tortious Interference to prosecute bad faith contracts that trigger clauses in contracts to which the third team is not a party.

This is a Sports Forum... the overwhelming agreement of everyone reading this forum is that they once again understand why everyone hates lawyers.

sully00
01-09-2009, 11:33 AM
I think POR is headed down the road of the Joe Smith T'Wolves situation and they are a panicing.

I imagine once Miles re-establishes that he can play then he is going to turn the flamethrower on the POR organization for forcing him to take the injury retirement.

I can't remember a situation were a player wasn't as willing as the team for the injury retirement. It was Mobley's choice to take the injury retirement, it does not seem like this was completely Miles' choice, or perhaps he planned on burning POR this way and played along.

While the money and the cap situation is one thing I think that the POR front office is more worried about Stern and the other owners coming after them for attempting to circumvent the cap which is a 3 draft pick death sentence.

Gibby23
01-09-2009, 11:34 AM
Sorry but, tough luck. Paul Allen didn't become one of the richest men in the world by letting unethical cheapskate owners walk all over him. If you screw with Portland, Paul Allen will eat you for lunch. He's the biggest baddest school yard bully of all time, signing Miles with the intent to mess with the Blazers cap isn't smart.

Yeah, David Stern would step in and Allen wouldn't be able to do anything.

GregOden#1
01-09-2009, 11:42 AM
I think POR is headed down the road of the Joe Smith T'Wolves situation and they are a panicing.

I imagine once Miles re-establishes that he can play then he is going to turn the flamethrower on the POR organization for forcing him to take the injury retirement.

I can't remember a situation were a player wasn't as willing as the team for the injury retirement. It was Mobley's choice to take the injury retirement, it does not seem like this was completely Miles' choice, or perhaps he planned on burning POR this way and played along.

While the money and the cap situation is one thing I think that the POR front office is more worried about Stern and the other owners coming after them for attempting to circumvent the cap which is a 3 draft pick death sentence.

It was Miles choice to retire. He didn't want to play basketball anymore. He had ballooned to 280 pounds and had neglected all of his rehabilitation. The Portland doctors refused to sign him off to play, so Portland followed the CBA rules by getting an independent doctor that the PA, Blazers FO and Commissioner agreed to who determined that Darius Miles has one of the worst knees he had ever seen. He said that Darius Miles would eventually need knee replacement surgery if he continued to play. Nowhere did he say that Miles coudn't play, he said he shoudn't. Miles agreed and decided to medically retire from the game of basketball, still being paid the 18 million owed to him.

A few months later Darius started taking his rehabilitation seriously and was now bent on rejoining the NBA. I have no problems with that, it's stupid as hell because he's going to kill his knees even further, but do what you want. What I do have a problem with is when Darius' agent lied about the Blazers FO talking badly about him to other GM's, and now I have a problem with other teams wanting to screw Portland over by playing with Miles career.

Portland has every right to sue, as pointed out by blackjack. They also would have a good chance at winning. Even if they dont, the trial will go on until well after the 09 offseason, and Miles would not be able to go back on the cap. This scares every owner in the league into not signing Miles to a contract, because they'd more than likely lose millions trying to defend themselves from Paul Allen's lawyers. It's a brilliant decision and if it was any one of your teams doing it you'd applaud them.

sully00
01-09-2009, 11:54 AM
I am not a lawyer but do know the CBA pretty well.

On a couple of points. Miles was waived and released that issue is separate from the insurance on the contract and the removal of his money from the cap due to injury retirement. Notice Mobley has not been waived by the Knicks because if they can't get the injury retirement they may trade his expiring contract. There is no "medical waivers."

As for the concept addressed in Miller's threat of litigation, he would have to prove that the sole benefit of signing Miles was to hurt the Blazers finacially for it to be in bad faith, not simiply an added benefit. I have seen Darius play he is easily still one of the best 400 players in the world that would be impossible to prove. Hell teams are required to have a minimum number of players under contract and active that alone eliminates it being the sole benefit.

POR has opened itself up to being sued by Miles, specifially for violating his HIPAA rights by discussing his injury with other teams and in the media. There have also been reports of him being slandered personally to other teams. This was always about cap space and not money so losing money is worth preserving that but imagine what it is worth to avoid getting wacked for circumventing the cap.

GregOden#1
01-09-2009, 12:07 PM
Miles was waived and released that issue is separate from the removal of his money from the cap due to injury retirement.

I dont think these two are seperate. You'll have to find me it in the CBA.


POR has opened itself up to being sued by Miles, specifially for violating his HIPAA rights by discussing his injury with other teams and in the media. There have also been reports of him being slandered personally to other teams. This was always about cap space and not money so losing money is worth preserving that but imagine what it is worth to avoid getting wacked for circumventing the cap.

If any of the slandering accusations were true Miles would have had enough grounds to sue months ago, and probably would have done so already.

GarlicStench
01-09-2009, 12:13 PM
Wow. The Blazers are looking really bad ont his issue. It is clear that Miles has a case against the team for trying to impede his ability to sign with another team. Looks like this is not going to end up good for the Blazers.

GregOden#1
01-09-2009, 12:16 PM
Wow. The Blazers are looking really bad ont his issue. It is clear that Miles has a case against the team for trying to impede his ability to sign with another team. Looks like this is not going to end up good for the Blazers.

Miles doesn't have any grounds to sue. The Blazers are not impeding him in anyway to sign with a team. The letter clearly states they are going to take legal action against any team that purposely signs Miles with the intent of harming the Blazers financial record. Nowhere does it say not to sign Darius Miles.

DenButsu
01-09-2009, 12:27 PM
This has already been answered by Blackjack.

No it wasn't, not really. Everything he says is essentially based on the premise that the Blazers can prove it was the intent of a team to sign Miles not because they really want him to play and believe he can play ("good faith"), but because they want to screw the Blazers ("bad faith"). But nothing has been written in this thread that convinces me it wouldn't be easy as hell for a team to make a solid case that they signed him in good faith. Youtube proof. 2nd and 3rd medical opinions. Injuries on the roster.

Hell, even if they waived him, he's already been signed and waived 3 times, a situation which is definitely not limited to injured or injury prone players (just ask Bobby Jones) in the NBA.

The Blazers don't have a leg to stand on with this legal threat. It is sound and fury, signifying nothing.

GregOden#1
01-09-2009, 12:29 PM
The Blazers don't have a leg to stand on with this legal threat.

Sorry Cochran I forgot you were the legal wizard around these parts. I really doubt the Blazers "don't have a leg to stand on" when Paul Allen has some of the best lawyers in the world working for him and it's a ridiculous notion that you know more than they do.

DenButsu
01-09-2009, 12:30 PM
You know, at this point I would like to see Portland get screwed on this just because they're trying to push other teams around. But now I'd also like to see it happen just to see them suffer the embarrassment and negative PR of either backing down from this empty threat or actually litigating to the result of an epic fail.

DenButsu
01-09-2009, 12:31 PM
Sorry Cochran I forgot you were the legal wizard around these parts. I really doubt the Blazers "don't have a leg to stand on" when Paul Allen has some of the best lawyers in the world working for him and it's a ridiculous notion that you know more than they do.

You don't have to be Cochran to have some common sense.

Hawkeye15
01-09-2009, 12:32 PM
There are no grounds to sue. They would have to prove beyond a reasonable doubt that the team that signed him did it soley for the purpose of screwing the Blazers. I watched him against Minnesota, and he looks fully capable of playing again, even if it is in a limited role. They would lose that lawsuit for sure.

GregOden#1
01-09-2009, 12:34 PM
You don't have to be Cochran to have some common sense.

It looks like you dont even have that. Common sense would dictate that a high powered team of lawyers would know a bit more about the law than random forum poster #9135134.

Unless you really are Cochran.

GregOden#1
01-09-2009, 12:35 PM
There are no grounds to sue. They would have to prove beyond a reasonable doubt that the team that signed him did it soley for the purpose of screwing the Blazers. I watched him against Minnesota, and he looks fully capable of playing again, even if it is in a limited role. They would lose that lawsuit for sure.

It's a civil case not a murder trial, you dont have to prove anything. Just showing a high probability of intent is more than good enough.

cubulls
01-09-2009, 12:35 PM
Miles doesn't have any grounds to sue. The Blazers are not impeding him in anyway to sign with a team. The letter clearly states they are going to take legal action against any team that purposely signs Miles with the intent of harming the Blazers financial record. Nowhere does it say not to sign Darius Miles.


Judge: Did you purposely sign Miles with the intent of harming the Blazers?
Team X: No
Judge: Why did you sign him?
Team X: We saw a video on youtube of his monster block that displays his amazing athletic ability that we require to improve our team.

Case closed.

GregOden#1
01-09-2009, 12:38 PM
Judge: Did you purposely sign Miles with the intent of harming the Blazers?
Team X: No
Judge: Why did you sign him?
Team X: We saw a video on youtube of his monster block that displays his amazing athletic ability that we require to improve our team.

Case closed.

Yeah right :rolleyes:

Judge: Did you purposely sign Miles with the intent of harming the Blazers?

Owner: No

Coffee Boy: Oh god I dont want to go to jail I only get paid minimum wage screw this job. I overheard them talking about this in the conference room they said something about the Blazers and the cap situation!

Judge: That's all I gotta here. Next on the agenda, the crab walk. Is it legal or is it not?

Mr Grim
01-09-2009, 12:43 PM
Who cares how many high priced lawyers Paul Allen gets? It still doesnt change the fact that Darius is healthy enough to play and Portland sent out an email to try and deter other teams from signing him.

SFloridaSports
01-09-2009, 12:44 PM
wait what do the blazers get taken away if he plays 10 games

DenButsu
01-09-2009, 12:47 PM
It looks like you dont even have that. Common sense would dictate that a high powered team of lawyers would know a bit more about the law than random forum poster #9135134.

Unless you really are Cochran.

Actually, common sense would dictate that lawyers prefer to settle out of court, and to intimidate rather than litigate. This is just a scare tactic from a rich mofo who's saying, "You want to make me pay? Well, I'll make you pay too, then. I'll spend you into the ground." The point is not to actually sue anybody. The point is to dissuade teams from signing Miles. But not every owner would be so fickle (whether from lack of funds or lack of a spine) as to cower in the face of this threat.

Hell, Cuban would probably sign him now just for the hell of it, to say to Paul Allen, "screw you buddy, you don't push me around".

GregOden#1
01-09-2009, 12:52 PM
Who cares how many high priced lawyers Paul Allen gets? It still doesnt change the fact that Darius is healthy enough to play and Portland sent out an email to try and deter other teams from signing him.

Here's a post by someone else that I think explains the situation up until the point we're at now:


This whole thing is being stirred up in the media because too many talentless writers lack the creativity to be honest, informative, and interesting.

The mess is started by Miles' injured right knee and a collective bargaining agreement that isn't perfect.

First, Darius Miles suffered an injury to his right knee that put him out of basketball for over 2 years.

As I understand it, his right knee has almost no healthy cartilage remaining. He had micro fracture surgery that was supposed to promote re-growth of cartilage but was not fully successful. The NBA appointed doctors that examined Miles and the doctors agree that Miles knee is damaged and the medical opinion is he probably won't be successful resuming his basketball career because of his damaged knee.

The CBA that governs the way teams are allowed to pay their players allows teams with disabled players to replace those players with able-bodied players. However, the CBA has provisions that trigger the disabled player’s salary to be placed back on the team if the player does indeed recover from an injury. The problem is the CBA assumes that the player returns to the team that received the disabled player exception and that the team accepts the player back as fully recovered. The CBA doesn’t account for the player returning to action but with a different team and at diminished capacity.

About a year ago, last season Miles declared himself fit to play and wanted the Blazers to place him on the active list so he could resume his basketball career. The Blazers refused because Miles has a damaged knee and the CBA allows the Blazers to replace Miles with a player physically capable of earning his pay. This dilemma is created the CBA because we have a situation here that wasn’t accounted for. The Blazers could rightfully keep Miles under contract and out of basketball until 2009 when they will be positioned to take advantage of the salary relief the CBA allows because of Miles’ disabling injury. However, the CBA isn’t supposed to block a player from playing in the NBA.

This problem is a creation of a collective bargaining agreement that didn’t account for all the possible situations it would be used to govern. So, the Blazers called David Stern to Portland to have a meeting and to have David Stern himself tell the Blazers how the NBA would interpret the issues they were faced with that the CBA didn’t account for. Before the Blazers could release Miles the Blazers needed Stern to assure them that if Miles played in more than 10 games he would be reexamined for cap relief prior to July of 2009 and that only the medical condition of his knee would be considered in that reexamination. In other words, if the cartilage doesn’t grow back he is a disabled player. It doesn’t matter whether he plays 8 games or 80 games he can’t be the Darius Miles the Blazers gave the big contract to if his knee has no cartilage.

Another issue with Miles’ comeback attempt is the potential luxury tax implications it could have on the Blazers. If Miles plays in 10 games, his salary is counted against the Blazers salary cap and puts them over the luxury tax threshold. Teams with high payrolls pay a luxury tax into a fund that is split by teams with lower salaries. This is where the Blazers are suspecting other teams of some shenanigans. The Blazers think that teams that will profit from the luxury tax will sign Miles and play him a token amount for 10 games just to make the luxury tax the Blazers would have to pay.

Again, the shenanigans that the Blazers address in the reported memo to other teams is a result of a CBA that didn’t account for the possibility that one team could affect another team’s payroll. This is a failing by the NBA and the players association when the CBA was crafted and not the fault of the Blazers.

That's leading up to this. Here's one that came right after explaining why the letter was sent out:


Induveca, will you just shut up? Or go post on the Wizards forum about how you feel about this matter. You're over here speculating about a pipe-dream you're having, that has to do with Miles suing Portland over this article. This article is in no way slander against Miles. In fact maybe Miles should be happy this email was sent because it's telling GM's around the league to not BS with him. It's telling them to not bring him in if they're not serious about including him into their future. I'm glad Larry Miller sent this email out. Every other teams fans would be pissed too if they lost 9 mil in cap space because some team decided to pick up Miles for 10 days and play him for 7 minutes and tried to act like they were "giving him a shot"..

http://scores.espn.go.com/nba/boxscore?gameId=290106029

Portland looked at his knee. Even had two doctors check that train-wreck out. HE HAS NO CARTILAGE IN THAT KNEE. All these teams can act all nonchalant as if they're really trying to "make him a part of their future" but the Trail Blazers know what's going on. He's already been cut by two different teams right before his contract became guaranteed on their books. And why? Because these two teams saw exactly what those two doctors had seen. His knee can't withstand the riggers of playing in the NBA and him being cut by two teams is proving just that. Larry Miller isn't stupid either, he's letting teams know that you better be confident that Darius is what you want because you've heard what our doctors have said, you've seen two teams cut him and you know what this will cost us. I wish a team would sign (and play) him, so all the jack-***** that have came on this board, trying to act like they know what's going on can watch our top dollar attorney prove them stupid . Bottom line is the evidence is out there, if you want to give him a shot on your roster that is fine. It's not hard to determine if a player can contribute by seeing them in practice. Throwing him out there for 7 mins just so he can jack up a couple of shots and you can cut him a few days later though isn't fair to the Trail Blazers OR Darius Miles. We'll see if a team signs him though, I definitely wouldn't count on it.

Props to the two guys I took these from.

GregOden#1
01-09-2009, 12:54 PM
Actually, common sense would dictate that lawyers prefer to settle out of court, and to intimidate rather than litigate. This is just a scare tactic from a rich mofo who's saying, "You want to make me pay? Well, I'll make you pay too, then. I'll spend you into the ground." The point is not to actually sue anybody. The point is to dissuade teams from signing Miles. But not every owner would be so fickle (whether from lack of funds or lack of a spine) as to cower in the face of this threat

Prove it in a court of law.


Hell, Cuban would probably sign him now just for the hell of it, to say to Paul Allen, "screw you buddy, you don't push me around".

Yeah I'm sure Cuban would love to another lawsuit on his hands.

innovator
01-09-2009, 01:03 PM
lol @ portland management and its fans .obviously darius miles CAN still play and he looks healthy, i bet the blazers just paid the doctors to say that miles isnt healthy so they dont have to pay him. i wish the lakers do that on radmanovic and walton

DenButsu
01-09-2009, 01:14 PM
Prove it in a court of law.

I don't need to, and neither does any team that signs Miles. The burden of proof is on the Blazers, and I don't care how many hypothetical coffee boys you have, it just will be nearly impossible for them to demonstrate beyond a reasonable doubt that a team signed Miles just to screw them and not because they felt he could make a contribution to their team.

GregOden#1
01-09-2009, 01:20 PM
I don't need to, and neither does any team that signs Miles. The burden of proof is on the Blazers, and I don't care how many hypothetical coffee boys you have, it just will be nearly impossible for them to demonstrate beyond a reasonable doubt that a team signed Miles just to screw them and not because they felt he could make a contribution to their team.

You dont need beyond reasonable doubt in a civil case.

And read the second post I quoted.

innovator
01-09-2009, 01:32 PM
question for the blazer know it all. can the blazers just sign miles for the rest of the season and dont play him at all?

GregOden#1
01-09-2009, 01:32 PM
question for the blazer know it all. can the blazers just sign miles for the rest of the season and dont play him at all?

Yes. And then they'd get severly reprimanded by Stern for doing that.

Skylander14
01-09-2009, 01:33 PM
lol its funny how the blazer fans are tryin to talk themselves into thinking that nobody would sign him to a ten day contract and they won't have to pay and let's be honest The Blazers were just trying to get his contract off their cap, he probably still can play limited minutes in someones rotation

IRUAM #21
01-09-2009, 01:40 PM
question for the blazer know it all. can the blazers just sign miles for the rest of the season and dont play him at all?

I would do that lol but like GregOden said they will probably be reprimanded

NBAdyNASTY
01-09-2009, 01:43 PM
I guess it's better than being blue balled....:D

sully00
01-09-2009, 01:54 PM
I dont think these two are seperate. You'll have to find me it in the CBA.

http://members.cox.net/lmcoon/salarycap.htm#Q53

It is explained in here.

They are separate issues. The Blazers applied for and were granted a medical retirement on Darius Miles at least a year after his injury occured. Once that was approved they then chose to waive him in which his contract is offered to every team in the league, once he clears waivers he is then released and free to do what he wants.



If any of the slandering accusations were true Miles would have had enough grounds to sue months ago, and probably would have done so already.

The likely reason that he has not done so already is that he is trying to get his career back and it is very unlikely that a team would sign him if he was sueing the Blazers or ranting in the press. Once he gets a guaranteed contract or is convinced that he can't get one he will likely then turn his attention to law suits.

6th man
01-09-2009, 02:00 PM
http://sports.yahoo.com/nba/news;_ylt=Aj.HVcYtjrNDT_R2ci1A9Iw5nYcB?slug=aw-blazersthreat010809&prov=yhoo&type=lgns

This is a joke right? Are the Blazers really able to to sue any team that will put Miles over his 10 game minimum?

I think we should sign him to a 10-day. We need help at the SF posistion, and if doesn't work out, oh well.


Any body have thoughts on this?

GregOden#1
01-09-2009, 02:05 PM
The headline is a straight up lie. The Blazers will sue if they think there is any wrongdoing, that doesn't stop any team from legitimately signing Darius Miles.

sully00
01-09-2009, 02:13 PM
POR biggest problem is that they were and are seeking opportunity in a rule designed to provide protection.

The reason Miles agreed to the medical retirment was in an effort to gain his release so he could resume his career, something POR was unwilling to let him do with them and has gone out of its way to stop him from doing with anyone else.

GregOden#1
01-09-2009, 02:16 PM
POR biggest problem is that they were and are seeking opportunity in a rule designed to provide protection.

The reason Miles agreed to the medical retirment was in an effort to gain his release so he could resume his career, something POR was unwilling to let him do with them and has gone out of its way to stop him from doing with anyone else.

That's a lie...the Blazers training staff spent 2 years trying to rehab him, only to have him miss appointments to go off to strip clubs. Maybe he's changed now, but making this e-mail a personal attack from the Blazers FO to Darius Miles is a straight up lie. They've never done anything to stop him from getting employment, and this is no different.

LA_Raiders
01-09-2009, 02:21 PM
Miles to LA...

Gibby23
01-09-2009, 02:22 PM
That's a lie...the Blazers training staff spent 2 years trying to rehab him, only to have him miss appointments to go off to strip clubs. Maybe he's changed now, but making this e-mail a personal attack from the Blazers FO to Darius Miles is a straight up lie. They've never done anything to stop him from getting employment, and this is no different.

How do you know? Just going off stuff you read in the papers or see in the News?

Im pretty sure you don't know what is going on in the minds of the people in the Blazers front office.

GregOden#1
01-09-2009, 02:23 PM
How do you know? Just going off stuff you read in the papers or see in the News.

Um yeah...that's alot better than just making it up as I go along isn't it?

Gibby23
01-09-2009, 02:27 PM
Um yeah...that's alot better than just making it up as I go along isn't it?

So you really don't know.

GregOden#1
01-09-2009, 02:30 PM
So you really don't know.

I dont know if you're not an alien whose trying to use poor logic to confuse me so you can probe me later.

But it's pretty damn unlikely, so I'l believe that what I just said isn't the truth.

But if it is...

sully00
01-09-2009, 02:38 PM
That's a lie...the Blazers training staff spent 2 years trying to rehab him, only to have him miss appointments to go off to strip clubs. Maybe he's changed now, but making this e-mail a personal attack from the Blazers FO to Darius Miles is a straight up lie. They've never done anything to stop him from getting employment, and this is no different.


Whatever happened prior is for others to know. All I know is that the Blazers locked Miles out of the facilities last spring and would not allow him to continue his attempt to resume his career.

He eventually agreed to this injury retirement and gained his release and immediately began trying to get back in the league.

They have spoken to other teams and the media about his private medical information, a violation of HIPAA rights as well as telling them what a bad character he was.

This was confirmed by Danny Ainge and the Celtics organization as well as "unnamed" team officials around the league.

If it wasn't true you wouldn't know that he missed all the oppointments now would you? Or do you think that Darius is telling everyone this?

Look Darius Miles is far from a saint but he is isn't what the Blazers or their fans are trying to make him out to be either. Beyond that even if he was it doesn't make what they are trying to do right.

I have seen him play with my own eyes he can still play and he would be far from the only guy playing in the NBA with a bone on bone knee condition. They bet against him and he won now they need to back off and accept and hope it doesn't get worse.

Gibby23
01-09-2009, 02:47 PM
I dont know if you're not an alien whose trying to use poor logic to confuse me so you can probe me later.

But it's pretty damn unlikely, so I'l believe that what I just said isn't the truth.

But if it is...

You can sell it any way you want, but the facts are that Miles will end up playing in the 2 games he needs to make it count against the Blazers cap and the NBA wont allow the lawsuit against another team from the Blazers. The NBA is the court on this matter.

ackar
01-09-2009, 02:49 PM
this post is great too bad i don't hve any popcorn!!!

GregOden#1
01-09-2009, 02:54 PM
Whatever happened prior is for others to know. All I know is that the Blazers locked Miles out of the facilities last spring and would not allow him to continue his attempt to resume his career.

Yeah, because team doctors refused to clear him to play, and then an impartial doctor told him his injury was career was over. Miles was completely negligent over his rehab, ballooning to 290 pounds at one point.


They have spoken to other teams and the media about his private medical information, a violation of HIPAA rights as well as telling them what a bad character he was.

This was confirmed by Danny Ainge and the Celtics organization as well as "unnamed" team officials around the league.

It's not a violation if the people are asking Portland officials about Darius Miles. Not saying they were, but why would the Portland FO knowingly break the rules?


If it wasn't true you wouldn't know that he missed all the oppointments now would you? Or do you think that Darius is telling everyone this?

I dont follow the logic. These articles were written while Miles was still a member of the Trailblazers by writers like Canzano who had problems with the "Jailblazers" saga and we're getting their information from trainers and teammates etc.


Look Darius Miles is far from a saint but he is isn't what the Blazers or their fans are trying to make him out to be either. Beyond that even if he was it doesn't make what they are trying to do right.
This has next to nothing to do with Miles, in fact Miles should be supporting what the Blazers are doing. They're making sure Miles doesn't get used and abused by an NBA team only looking to screw the Blazers over.


I have seen him play with my own eyes he can still play and he would be far from the only guy playing in the NBA with a bone on bone knee condition. They bet against him and he won now they need to back off and accept and hope it doesn't get worse.

The doctor evaluating him said he had one of the worst knees he'd ever seen. Darius is probably playing through alot of pain right now and is never ever going to be able to play serious NBA basketball again. Even when he was out of shape and a complete disaster he was still able to play 20-25 minutes, he's not able to do any of that anymore and teams know this. You dont sign someone like that for purely roster needs. There are much better options out there, teams know the risk and if teams are going to do it anyway just to screw with the Blazers then Paul Allen is going fight back.

Gibby23
01-09-2009, 03:02 PM
There are much better options out there, teams know the risk and if teams are going to do it anyway just to screw with the Blazers then Paul Allen is going fight back.

I don't think so, it looks like the NBA just stepped in and said will support any club signing Miles.

http://sports.espn.go.com/nba/news/story?id=3821503

lakerboy
01-09-2009, 03:04 PM
lol @ portland management and its fans .obviously darius miles CAN still play and he looks healthy, i bet the blazers just paid the doctors to say that miles isnt healthy so they dont have to pay him. i wish the lakers do that on radmanovic and walton


LMAO:clap::clap::clap::clap:

Gibby23
01-09-2009, 03:04 PM
http://sports.espn.go.com/nba/news/story?id=3821503

NEW YORK -- Darius Miles cleared waivers and became a free agent. That much was clear Friday.


Yet everything surrounding the Miles affair -- the possibility of him returning to the NBA this season, and the negative salary cap ramifications he would cause for the Portland Trail Blazers -- took a complicated and controversial turn Friday after the club sent a memo to the 29 other NBA teams threatening litigation against anyone who signs Miles or claims his contract off waivers if it is solely for the purpose of burdening the Blazers' cap.
The matter has been added to this afternoon's agenda at a previously scheduled meeting between NBA and players' union attorneys, ESPN.com has learned.

In the statement Friday that announced Miles had cleared waivers, the league acknowledged it received the e-mail Portland sent to all teams and seemed to indicate that it would support any club signing the veteran forward.

"Under league rules, teams are free to sign Darius Miles to a Uniform Player Contract if they wish to secure his services as a player, and any such contract would be approved by the NBA," the statement read.

If Miles plays two more games, then his Blazers contract, worth $18 million total for this season and next, would count against Portland's salary cap and force the team to pay the NBA's luxury tax next summer. The contract had been removed from salary cap and tax considerations when the Blazers deemed Miles medically unable to play and released him.
"Darius Miles is focused on one thing -- that's returning to play basketball. That's it. He's not focusing on any of those other issues," said agent Jeff Wechsler, who was on the phone Friday morning with union attorneys trying to devise a strategy to confront what many around the league were describing as an unprecedented situation.

Tblaze
01-09-2009, 03:06 PM
lol nice GO you're taking them all on by yourself :P

I must agree people seem to forget this actually might help Miles find a real home instead of being tossed around the league to be cut 2 weeks later again... And it's directed at teams that will only sign him for screwing up the blazers.. So I don't see where Miles would be the victim in this situation.

cubulls
01-09-2009, 03:07 PM
There are much better options out there, teams know the risk and if teams are going to do it anyway just to screw with the Blazers then Paul Allen is going fight back.

I don't think so, it looks like the NBA just stepped in and said will support any club signing Miles.

http://sports.espn.go.com/nba/news/story?id=3821503

Check and mate. **** you Portland.

Vidball
01-09-2009, 03:24 PM
Blazers are a total classless organization--no doubt a team will pick up Miles. Nobody wants to do POR any favors and POR bully attempt won't work at all.

Hawkeye15
01-09-2009, 03:34 PM
there is no way Portland can prove beyond a reasonable doubt that anyone would pick him up to screw Portland only. They have no case. Portland fans can be as angry as they want to be, it doesn't change the fact that they recieved compensation for him NEVER being able to play again, and now he can, regardless if he is damaging his own body. If he plays 2 more games, they don't deserve the compensation, period. It is as simple as black and white

GregOden#1
01-09-2009, 03:38 PM
there is no way Portland can prove beyond a reasonable doubt that anyone would pick him up to screw Portland only. They have no case. Portland fans can be as angry as they want to be, it doesn't change the fact that they recieved compensation for him NEVER being able to play again, and now he can, regardless if he is damaging his own body. If he plays 2 more games, they don't deserve the compensation, period. It is as simple as black and white

Oh my god can you stop posting. I've already answered this exact post from you. THE STANDARD IS NOT BEYOND REASONABLE DOUBT.

sully00
01-09-2009, 03:45 PM
I love the idea that the Blazers are doing this for Darius' own good. C'mon now.

It doesn't matter who asks what the Blazers cannot talk about Miles medical history to anyone without his written consent. Never mind just blabbing to the media which is what they did.

People need to stop repeating what they have told by the Blazers. Their position is pretty clear. I would love to see a photo of what Darius Miles looks like at 290 lbs as well as a bottle of those diet pills he took because I want something that makes me shed about 60 lbs and look like I did when I was 19.

DocUSN
01-09-2009, 03:48 PM
Ook the blazers said if a team wants to sign him for the sole purpose of hitting the blazers with the cap they would sue, and thats fair.

the teams trying to pick him up are not trying to help get his career back on track they are trying to screw an up and comming team, thats not cool.

LA_cabals
01-09-2009, 03:48 PM
... THE STANDARD IS NOT BEYOND REASONABLE DOUBT.

I know one thing that is BEYOND REASONABLE DOUBT, and that is the NBA will support ANY team who signs Miles' for his services.

Oh, and I know something else that you might be interested in. Paul Allen and his high priced lawyers will now not only try to threaten litigation against an NBA team, but also will have to face the wrath of Mr. David Stern if they do so try to sue. And let me tell you this, David Stern does not lose.

Gibby23
01-09-2009, 03:51 PM
I know one thing that is BEYOND REASONABLE DOUBT, and that is the NBA will support ANY team who signs Miles' for his services.

Oh, and I know something else that you might be interested in. Paul Allen and his high priced lawyers will now not only try to threaten litigation against an NBA team, but also will have to face the wrath of Mr. David Stern if they do so try to sue. And let me tell you this, David Stern does not lose.

Thats right. Allen should talk to Cuban about Stern.

cubulls
01-09-2009, 03:53 PM
David Stern is Paul Allen's daddy...obey or STFU.

GregOden#1
01-09-2009, 03:53 PM
I love the idea that the Blazers are doing this for Darius' own good. C'mon now.

I'm only going by the accusation that the Trailblazers are doing this to harm Darius or his career in any way shape or form. I never said that Portland wants what's best for Darius, merely saying the opposite isn't true either. They dont care about Darius anymore, they just want to make sure they arent exploited by other teams looking to make a fast buck at the expense of another one of their franchises.


It doesn't matter who asks what the Blazers cannot talk about Miles medical history to anyone without his written consent. Never mind just blabbing to the media which is what they did.

"Medical information" doesn't include skipping rehab to go get drunk and see strippers.


People need to stop repeating what they have told by the Blazers. Their position is pretty clear. I would love to see a photo of what Darius Miles looks like at 290 lbs as well as a bottle of those diet pills he took because I want something that makes me shed about 60 lbs and look like I did when I was 19.
http://alltalksports.files.wordpress.com/2007/08/darius-miles.jpg

GregOden#1
01-09-2009, 03:56 PM
I know one thing that is BEYOND REASONABLE DOUBT, and that is the NBA will support ANY team who signs Miles' for his services.

Oh, and I know something else that you might be interested in. Paul Allen and his high priced lawyers will now not only try to threaten litigation against an NBA team, but also will have to face the wrath of Mr. David Stern if they do so try to sue. And let me tell you this, David Stern does not lose.

Sorry but, Microsoft is bigger than the NBA. Paul Allen is bigger than the NBA. Paul Allen could take Stern in a "whose business penis is bigger" contest.

But that's not the point. Reprimanding Portland is very different from saying "we will support any team that signs Darius". Nowhere does it say Portland cant sue.

lakerboy
01-09-2009, 04:10 PM
We'll see about Paul Allen being bigger than NBA. It's going to be very exciting how this goes down.

BarackObama
01-09-2009, 04:13 PM
Portland would have no argument in court. Unless the team that signed him openly said that they were doing it only to harm them, which no team would actually say.

Vidball
01-09-2009, 04:15 PM
So, Portland is going to sue based on their idea of another teams "intent". Ridiculous. Boston said Darius can play, Memphis said he can play...it would be impossible to prove a team is signing Darius in order to negatively impact POR. They have no case.

mwoodri
01-09-2009, 04:28 PM
The Bulls could sign Darius, he is better than Michael Ruffin...I'll tell ya that. He would be improving our team which would eliminate any litigation.

GregOden#1
01-09-2009, 04:33 PM
The Bulls could sign Darius, he is better than Michael Ruffin...I'll tell ya that. He would be improving our team which would eliminate any litigation.

It would. Any team is free to actually sign Miles but signing him with the intent to screw them over means there'll be lawsuits.

Nocioni5
01-09-2009, 04:33 PM
Judge: Did you purposely sign Miles with the intent of harming the Blazers?
Team X: No
Judge: Why did you sign him?
Team X: We saw a video on youtube of his monster block that displays his amazing athletic ability that we require to improve our team.

Case closed.

lol best post of the day!!

and GregOden#1 I'm going to come out and speak my mind by reading this post I just want to let you know that you look like a do**** bag trying to convince everbody to change there opinion just let them be. :D

Gibby23
01-09-2009, 04:37 PM
It would. Any team is free to actually sign Miles but signing him with the intent to screw them over means there'll be lawsuits.

Yeah, because a team that signs Miles will say we are doing this to screw the Blazers.:rolleyes:

mwoodri
01-09-2009, 04:39 PM
It would. Any team is free to actually sign Miles but signing him with the intent to screw them over means there'll be lawsuits.

The intent was to make our team better...Your perceived intent of screwing the Blazers was a consequence of the Bulls making their team better.

On a side note, why don't they Blazers pick him up and not play him if they are so worried about him being signed by someone else?

thapharcyd
01-09-2009, 04:40 PM
If I am Darius Miles I sue for them sending out this message and screwing me out of future employment. Screw the Blazers!!

Gibby23
01-09-2009, 04:41 PM
The intent was to make our team better...Your perceived intent of screwing the Blazers was a consequence of the Bulls making their team better.

On a side note, why don't they Blazers pick him up and not play him if they are so worried about him being signed by someone else.

Im pretty sure Miles wouldn't go back, they could have put a claim befor he cleared waivwes but it's too late now.

GregOden#1
01-09-2009, 04:41 PM
The intent was to make our team better...Your perceived intent of screwing the Blazers was a consequence of the Bulls making their team better.

At this point it's doubtful any team actually wants Darius Miles for anything but to screw with Portland. He's been cut by 3 teams so far, two of them cellar dwellers who needed the help.

Theoretically, if a team could actually improve with Miles, then they'd have every right to sign him. Portland is only warning the teams they perceive to be screwing with them.

On a side note, why don't they Blazers pick him up and not play him if they are so worried about him being signed by someone else.

This has already been talked about, as has the last post Gibby made (his second last post after he posted above me)

BarackObama
01-09-2009, 04:42 PM
If I am Darius Miles I sue for them sending out this message and screwing me out of future employment. Screw the Blazers!!

I would think that there was something that the Players association could do about this.

GregOden#1
01-09-2009, 04:45 PM
I would think that there was something that the Players association could do about this.

The PA would probably support this. It's unethical to treat a player the way they've been treating Darius Miles. Miles wants to play and yet teams are only talking with him because of his potential to ruin the Blazers capspace. Reducing Portlands salary also means the PA's FA's get to potentially larger contracts as one of their likely destinations (Portland) now has more room to sign them.

Mr Grim
01-09-2009, 04:47 PM
So at the end of the day Miles can still play for whomever he wants and the Blazers and Paul Allen cant say squat about it.

mwoodri
01-09-2009, 04:47 PM
Well the Blazers should have put that claim in but they didn't, too ****ing bad, and maybe Paul should open his pockets and make Darius an offer he can't refuse. Spend a couple million now to sign him to avoid 18million in luxury taxation. He's got the money to do that, but it now sounds as if he would rather puff out his chest and blow smoke. I hope a team signs him and I have a feeling (with Mr. Stern's blessing) a team will sign him. I am hoping for some collusion here, maybe an Eastern Conference team signing him and and Western Conference contender making a one sided trade that really helps that said Eastern Conference team. Ya know, something to spice this situation up a little bit!

Mr Grim
01-09-2009, 04:49 PM
T. Miles wants to play and yet teams are only talking with him because of his potential to ruin the Blazers capspace.

And how do you know this? Do you have links to prove this theory of yours? All this is, is here say. No one has done anything yet, but Allen jumped the gun and freaked out. Most teams probably wouldnt have noticed and it would have flown under the radar.

I like how you really think other teams are staying awake at night trying to figure out how to mess up the blazers cap space.

Musical Tempo
01-09-2009, 04:51 PM
Lets put it this way. On Miles Resume he is only a high-school grad. Like let the dude stay around the NBA as long as he can before he gets canned to the street. If Portland has such a huge problem why dont they sign him on their roster?

If the guy didn't have so many injuries he probably would be a 13-20m dollar player a year now.

Gibby23
01-09-2009, 04:51 PM
The PA would probably support this. It's unethical to treat a player the way they've been treating Darius Miles. Miles wants to play and yet teams are only talking with him because of his potential to ruin the Blazers capspace. Reducing Portlands salary also means the PA's FA's get to potentially larger contracts as one of their likely destinations (Portland) now has more room to sign them.
http://sportsillustrated.cnn.com/2009/basketball/nba/01/09/Blazers.Miles/index.html
A team executive said it was "unprecedented'' for an NBA team to threaten a lawsuit against a rival for signing a player who is a free agent.

The executive speculated that Miles may seek legal action of his own against the Blazers, by claiming that Portland is limiting his right to work.


http://sportsillustrated.cnn.com/2009/writers/steve_aschburner/01/09/miles/index.html

"I wish I could do this without me having to put money on [Portland's] salary cap,'' Miles told reporters last month when he joined the Grizzlies. "The only reason they say something about me is because of their business decision. They decided they didn't want me to play for that team anymore. It's kind of like the [Stephon Marbury] situation and everybody labeled me like I was this bad dude.''

Assuming the Blazers are serious, and would direct the full force of their wrath and their lawyers on whichever team signs and uses Miles next, they would be letting Boston and Memphis off the hook. The Celtics deserve at least 60 percent of the blame and the Grizzlies 20 percent for Miles' being on his way to 10 appearances, right? Speaking of off-the-hook, teams ought to be ringing Miles agent Jeff Wechsler's phone that way, in volume, eager to throw down with a rival for whom so much lately has gone so right.

If Miles' NBA days are numbered due to a legitimate career-ending injury, so be it. But they ought not to run out because of a former employer's career-ending e-mail.

Musical Tempo
01-09-2009, 04:53 PM
And how do you know this? Do you have links to prove this theory of yours?

I like how you really think other teams are staying awake at night trying to figure out how to mess up the blazers cap space.

Yeah espeically since the Portland Trail Blazers are the team to watch out for. They are good btu they aren't the lakers or boston. Teams that if I was a GM and could make them weaker I would take a stabe at it.

GregOden#1
01-09-2009, 04:54 PM
http://sportsillustrated.cnn.com/2009/basketball/nba/01/09/Blazers.Miles/index.html
A team executive said it was "unprecedented'' for an NBA team to threaten a lawsuit against a rival for signing a player who is a free agent.

The executive speculated that Miles may seek legal action of his own against the Blazers, by claiming that Portland is limiting his right to work.


http://sportsillustrated.cnn.com/2009/writers/steve_aschburner/01/09/miles/index.html

"I wish I could do this without me having to put money on [Portland's] salary cap,'' Miles told reporters last month when he joined the Grizzlies. "The only reason they say something about me is because of their business decision. They decided they didn't want me to play for that team anymore. It's kind of like the [Stephon Marbury] situation and everybody labeled me like I was this bad dude.''

Assuming the Blazers are serious, and would direct the full force of their wrath and their lawyers on whichever team signs and uses Miles next, they would be letting Boston and Memphis off the hook. The Celtics deserve at least 60 percent of the blame and the Grizzlies 20 percent for Miles' being on his way to 10 appearances, right? Speaking of off-the-hook, teams ought to be ringing Miles agent Jeff Wechsler's phone that way, in volume, eager to throw down with a rival for whom so much lately has gone so right.

If Miles' NBA days are numbered due to a legitimate career-ending injury, so be it. But they ought not to run out because of a former employer's career-ending e-mail.

What does that have to do with the post you quoted...

thapharcyd
01-09-2009, 04:55 PM
http://sportsillustrated.cnn.com/2009/basketball/nba/01/09/Blazers.Miles/index.html
A team executive said it was "unprecedented'' for an NBA team to threaten a lawsuit against a rival for signing a player who is a free agent.

The executive speculated that Miles may seek legal action of his own against the Blazers, by claiming that Portland is limiting his right to work.


http://sportsillustrated.cnn.com/2009/writers/steve_aschburner/01/09/miles/index.html

"I wish I could do this without me having to put money on [Portland's] salary cap,'' Miles told reporters last month when he joined the Grizzlies. "The only reason they say something about me is because of their business decision. They decided they didn't want me to play for that team anymore. It's kind of like the [Stephon Marbury] situation and everybody labeled me like I was this bad dude.''

Assuming the Blazers are serious, and would direct the full force of their wrath and their lawyers on whichever team signs and uses Miles next, they would be letting Boston and Memphis off the hook. The Celtics deserve at least 60 percent of the blame and the Grizzlies 20 percent for Miles' being on his way to 10 appearances, right? Speaking of off-the-hook, teams ought to be ringing Miles agent Jeff Wechsler's phone that way, in volume, eager to throw down with a rival for whom so much lately has gone so right.

If Miles' NBA days are numbered due to a legitimate career-ending injury, so be it. But they ought not to run out because of a former employer's career-ending e-mail.


That is exactly what I said like 8 posts ago... They are limiting his employment options, there could definitely be legal action there

GregOden#1
01-09-2009, 04:58 PM
That is exactly what I said like 8 posts ago... They are limiting his employment options, there could definitely be legal action there

No there couldn't...Miles has no leg to stand on. It's like saying I cant get a job in Chicago because the airplanes wont fly me there for free, therefore limiting my chances of employment there. The Blazers arent trying to keep Miles away from a payday, they're trying to keep teams from screwing them over. NOTHING is stopping a team from legitimately signing Miles to a contract with intent to aid the team.

Gibby23
01-09-2009, 04:58 PM
What does that have to do with the post you quoted...

If Miles' NBA days are numbered due to a legitimate career-ending injury, so be it. But they ought not to run out because of a former employer's career-ending e-mail.

Because he can lose money because of this email and the Players union and Miles would not support the email that was sent by the Blazers. That is why the union has a meeting today to discuss this e mail with the NBA.
http://sports.espn.go.com/nba/news/story?id=3821503

The matter has been added to this afternoon's agenda at a previously scheduled meeting between NBA and players' union attorneys, ESPN.com has learned.

You get it?

Rome
01-09-2009, 05:00 PM
Lol he'll get picked up to a ten day contract and he'll play two more games. Maybe he shouldn't be playing but its his choice and whatever team goes after him. Sucks for Portland.

Gibby23
01-09-2009, 05:03 PM
No there couldn't...Miles has no leg to stand on. It's like saying I cant get a job in Chicago because the airplanes wont fly me there for free, therefore limiting my chances of employment there. The Blazers arent trying to keep Miles away from a payday, they're trying to keep teams from screwing them over. NOTHING is stopping a team from legitimately signing Miles to a contract with intent to aid the team.

There is no way to prove that. The Lakers had a guy like Coby Karl on the team last year and he didn't help and is not in the NBA this year.

GregOden#1
01-09-2009, 05:04 PM
If Miles' NBA days are numbered due to a legitimate career-ending injury, so be it. But they ought not to run out because of a former employer's career-ending e-mail.

Because he can lose money because of this email and the Players union and Miles would not support the email that was sent by the Blazers. That is why the union has a meeting today to discuss this e mail with the NBA.
http://sports.espn.go.com/nba/news/story?id=3821503

The matter has been added to this afternoon's agenda at a previously scheduled meeting between NBA and players' union attorneys, ESPN.com has learned.

You get it?

Nowhere does it say the PA arent going to support the Blazers. It doesn't even say they will support Miles, even though they will probably support both of them. Miles isn't fighting the Blazers here, it's the Blazers vs. other NBA teams.

Gibby23
01-09-2009, 05:12 PM
Nowhere does it say the PA arent going to support the Blazers. It doesn't even say they will support Miles, even though they will probably support both of them. Miles isn't fighting the Blazers here, it's the Blazers vs. other NBA teams.

You do know that the P in PA stands for Players. Miles is a player so the "PA" is on the players side. There is no way the players association is holding a meeting with the NBA to side with a team.

Gibby23
01-09-2009, 05:13 PM
It doesn't look like the e mail scared anybody:

http://sports.yahoo.com/nba/news?slug=aw-blazersthreat010809&prov=yhoo&type=lgns

The NBA notified teams on Friday morning that Miles has cleared waivers and is officially a free agent.

“They’re daring someone to sign him now,” said one Western Conference GM who had seen the email from the Blazers.

Any team in the NBA can sign Miles to a 10-day contract, play him twice and punch out one of the summer’s top free-agent destinations. The Blazers are a prime destination for free agents, and the cap space also made them a fierce competitor for sign-and-trade deals. If Miles returns to the salary cap, he also will push Portland into the luxury tax. That means every team under the tax would benefit with about $250,000 of revenue sharing from Portland.

“The point that everybody is missing is that this isn’t about Portland’s salary cap. It’s about whether this guy [Miles] is healthy enough to play or not,” said an Eastern Conference executive. “He obviously is healthy enough to play. It doesn’t matter how good he plays. He can still play, and they said he couldn’t.

“Portland received benefits when [Miles’] injury was ruled career-ending. If he can play, they don’t deserve to have those benefits.”

GregOden#1
01-09-2009, 05:15 PM
Gibby, instead of just rehashing stuff that others have said why not go back and read the rest of the thread? EVERYTHING you've said so far, including all the articles you've put down, have been posted. Stop bringing up old arguments that have already been countered or explained or whatever.

thapharcyd
01-09-2009, 05:22 PM
GregOden#1, your arguments make no sense. You are saying this is Blazers vs. other NBA teams... That is not true. It is the same if you work at Starbucks, get laid off, then they send out an email threatening to sue if any other coffee shop hires you. How is that not wrong? Even if a team signed Miles legitimately Blazers will assume it's to screw them... so this may make some teams not sign him that normally would, thus affecting his ability to get employment = possible lawsuit.

Gibby23
01-09-2009, 05:22 PM
Gibby, instead of just rehashing stuff that others have said why not go back and read the rest of the thread? EVERYTHING you've said so far, including all the articles you've put down, have been posted. Stop bringing up old arguments that have already been countered or explained or whatever.

Oh because they prove you don't know what you are talking about.:)

ttam68
01-09-2009, 05:22 PM
I'm a distant Portland fan because I like GO, but this is getting ridiculous.

I respect Paul Allen for attempting to help his team with a bluff, but if this ever goes to court its a joke.

As for Blazer fans (read: GO) who think this doesnt adversely affect Darius, thats absurd. By your own teams position you claim that he can barely play anymore and isnt really worth an NBA salary. That is exactly why its expected that he bounce around on ten day contracts from team to team until his eventual retirement or trip overseas.

If a team facing injury problems wants to sign Darius to the end of their bench for a few days, they have every right to do that. And whether Paul Allen's primary goals was to do this or not, his little email is deterring teams from doing so. No team has Miles in their "plans for the future." He's broken down and everybody knows it.

But these teams that may have had interest in paying him a few tens of thousands of dollars for some games shouldnt have to worry about Paul Allen's lawsuit. Darius has to get everything he can before he retires for good and teams deserve a fair playing field.

If I'm Darius I sue and if I'm an NBA gm I make a point to sign the guy. If you're the Blazers you should've just hoped on good faith that other gms would be sincere, nobody had a beef with your club. Now you look like idiots.

Hawkeye15
01-09-2009, 05:24 PM
Oh my god can you stop posting. I've already answered this exact post from you. THE STANDARD IS NOT BEYOND REASONABLE DOUBT.

maybe try not to take it so personally dude. Be upset all you want, the fact is, Portland shouldn't have even threatened this. There is no way they come out of this looking positive. They will be on the books for $18 million, and there is nothing you or anyone else can do about it. If they file a civil case, it still won't matter, they will be awarded no money, and just waste more in the process.

thapharcyd
01-09-2009, 05:24 PM
I'm a distant Portland fan because I like GO, but this is getting ridiculous.

I respect Paul Allen for attempting to help his team with a bluff, but if this ever goes to court its a joke.

As for Blazer fans (read: GO) who think this doesnt adversely affect Darius, thats absurd. By your own teams position you claim that he can barely play anymore and isnt really worth an NBA salary. That is exactly why its expected that he bounce around on ten day contracts from team to team until his eventual retirement or trip overseas.

If a team facing injury problems wants to sign Darius to the end of their bench for a few days, they have every right to do that. And whether Paul Allen's primary goals was to do this or not, his little email is deterring teams from doing so. No team has Miles in their "plans for the future." He's broken down and everybody knows it.

But these teams that may have had interest in paying him a few tens of thousands of dollars for some games shouldnt have to worry about Paul Allen's lawsuit. Darius has to get everything he can before he retires for good and teams deserve a fair playing field.

If I'm Darius I sue and if I'm an NBA gm I make a point to sign the guy. If you're the Blazers you should've just hoped on good faith that other gms would be sincere, nobody had a beef with your club. Now you look like idiots.

Well Said Sir!!

Mr Grim
01-09-2009, 05:28 PM
I like how everyone else seems to get it except for GregOden#1.

No matter how you try and spin it, the Blazers look like clowns because they're trying to prevent a guy from working for another NBA team even though they dont want him on their roster.

http://myespn.go.com/blogs/truehoop/0-38-27/Darius-Miles--Cap-Space--E-mails--Oh-My-.html

On the other hand, I have heard from all kinds of lawyers. Including many who are Portland fans. They all agree that judges never like it when people are kept from work. And if a team does not hire Darius because of this e-mail, there is no shortage of lawyers who would happily take up the player's case in a suit against the Trail Blazers.

But I'll bet my eye teeth it'll never matter. Darius Miles will, I suggest, be signed by someone, and he will play two more games. That will legitimately end his medical retirement, and the Blazers will lose a big chunk of cap room to sign a free agent next summer. Life will march on, perhaps over the protests of the Portland front office.

Utah_bearfan
01-09-2009, 05:38 PM
If i was a team in the west, I would sign miles just to get the blazers to fork out that cash. It was unfortunate but, this is a business.

Lakerfan8032
01-09-2009, 05:42 PM
Gibby, instead of just rehashing stuff that others have said why not go back and read the rest of the thread? EVERYTHING you've said so far, including all the articles you've put down, have been posted. Stop bringing up old arguments that have already been countered or explained or whatever.

:confused:Dude, shut the **** up. If anyone respects your incessant whining in your posts they are stupid. You make no sense, you have no valid points and you are a homer. Look at this through unbiased eyes, if you can. Portland will be screwed and there is not a damn thing all your whining will do about it. I have no idea how many times you posted in this thread but each time you had no valid points. Please drop this and save your future tirades for a more valid subject. And also, don't reply to this, I don't want to argue with you over this.

IndyRealist
01-09-2009, 05:55 PM
By the Trailblazers stating that they will sue anyone who signs Miles to a contract, they are effectively trying to intimidate other teams into not signing him. That's pretty obvious. Miles could actually sue them for trying to prevent him from pursuing gainful employment.

He can show that Portland will financially benefit from it (motive), that they tried to prevent his employment by issuing a statement (ability), and that Miles suffered real damages, since he was signed to a one year, non-garuanteed contract it could reasonably be assumed he could get another one (standing). While the compensatory damages would be negligible (vet's minimum for half a year, around $500,000), the punitive damages could be outrageous (how much is the Trailblazers' owner worth?) The worst part is that Miles wouldn't even have to pay a lawyer, the players' union would do that.

Everyone's looking at it from a team perspective. Portland gets screwed. The Grizzlies (or whoever else) are being petty. Look at it from Darius Miles' perspective. He's a basketball player. He wants to play. If he can make the team, why shouldn't he?

DODGERS&LAKERS
01-09-2009, 06:18 PM
If I was a team owner, I would sign Miles to 2 ten day contracts, play him in at least 6 games and then cut him. If they only play him 2, the Blazers might have a good reason to sue. But if he plays more, it makes it look like they really wanted to see if he could help. I think the Clippers really need bench help. Welcome back to L.A. Darius!

GregOden#1
01-09-2009, 06:23 PM
I'm a distant Portland fan because I like GO, but this is getting ridiculous.

I respect Paul Allen for attempting to help his team with a bluff, but if this ever goes to court its a joke.

As for Blazer fans (read: GO) who think this doesnt adversely affect Darius, thats absurd. By your own teams position you claim that he can barely play anymore and isnt really worth an NBA salary. That is exactly why its expected that he bounce around on ten day contracts from team to team until his eventual retirement or trip overseas.

If a team facing injury problems wants to sign Darius to the end of their bench for a few days, they have every right to do that. And whether Paul Allen's primary goals was to do this or not, his little email is deterring teams from doing so. No team has Miles in their "plans for the future." He's broken down and everybody knows it.

But these teams that may have had interest in paying him a few tens of thousands of dollars for some games shouldnt have to worry about Paul Allen's lawsuit. Darius has to get everything he can before he retires for good and teams deserve a fair playing field.

If I'm Darius I sue and if I'm an NBA gm I make a point to sign the guy. If you're the Blazers you should've just hoped on good faith that other gms would be sincere, nobody had a beef with your club. Now you look like idiots.

You'd have to prove Portland was trying to deter Miles from getting work for Miles to have any case against them, and it doesn't look like that's the case. Portland isn't saying dont sign Miles, ESPN are lying straight up with their head article. They're saying dont **** with us, which is completely different. Miles has no case against the Blazers.


I like how everyone else seems to get it except for GregOden#1.


I like how you ignore anyone before who was defending Portland, I'm the only one that's stuck around to deal with the trolls like Lakerfan8032 and Vidball who are only out for personal attacks or just trying to rile up a fanbase.

YOU and ANYONE whose been posting in the last few pages has been ridiculous. When this thread started there was some actual discussion, now because half of you cant read it's become rehashing of the same tired argument, I've been posting the exact same thing over and over again and you people keep ignoring it.

Watch I'l do it again:


Look at it from Darius Miles' perspective. He's a basketball player. He wants to play. If he can make the team, why shouldn't he?

He has every right to play if he can earn a contract. But teams are only signing him so they can screw over the Blazers, several executives have gone to the media to say so, basically taunting the Blazers FO saying "haha there's nothing you can do about it". Back then nobody had a problem with it, it's Portland, they're too good as it is and need to be knocked a (relatively small) peg down. But now that Portland is all up in arms trying to fight back against unethical business tactics suddenly every fan in the world are calling them the evil empire.

Gibby23
01-09-2009, 06:30 PM
You'd have to prove Portland was trying to deter Miles from getting work for Miles to have any case against them, and it doesn't look like that's the case. Portland isn't saying dont sign Miles, ESPN are lying straight up with their head article. They're saying dont **** with us, which is completely different. Miles has no case against the Blazers.

Yeah, because you are more credible than ESPN or Yahoo sports.:rolleyes:

IndyRealist
01-09-2009, 06:32 PM
The Pacers could use him. A cheap, 6'9" athletic wing who can jump out of the building? Sure. We're undersized at backup SF, our starting SG is on limited minutes, and his backup is injured. We "legitimately" need him to back up Danny Granger.

Edit: I take it back. The Pacers have screwed Portland enough already. Bayless for Rush seems to be a wash, but we got a steal with Jarret Jack and Josh McRoberts for Ike Diogu. Jack's averaging 18ppg since being moved into the starting lineup for an injured TJ Ford.

GregOden#1
01-09-2009, 06:34 PM
Yeah, because you are more credible than ESPN or Yahoo sports.:rolleyes:

Um...look at the article...they're blatantly misleading you with the title. Blazers arent threatening to sue if Darius is signed, they're threatening to sue if a rival GM signs him to mess with their financial situation. IT SAYS SO IN THEIR OWN ARTICLE.

Gibby23
01-09-2009, 06:42 PM
Um...look at the article...they're blatantly misleading you with the title. Blazers arent threatening to sue if Darius is signed, they're threatening to sue if a rival GM signs him to mess with their financial situation. IT SAYS SO IN THEIR OWN ARTICLE.

Well check this out smart guy:

http://sports.espn.go.com/nba/news/story?id=3822392

The NBA players' union said Friday it will file a grievance against the Portland Trail Blazers after team president Larry Miller threatened litigation if a team picks up Darius Miles simply to adversely impact Portland's salary cap.

Gibby23
01-09-2009, 06:45 PM
GregOden#1 you still think the e mail was a smart move?

thapharcyd
01-09-2009, 06:46 PM
You'd have to prove Portland was trying to deter Miles from getting work for Miles to have any case against them, and it doesn't look like that's the case. Portland isn't saying dont sign Miles, ESPN are lying straight up with their head article. They're saying dont **** with us, which is completely different. Miles has no case against the Blazers.



I like how you ignore anyone before who was defending Portland, I'm the only one that's stuck around to deal with the trolls like Lakerfan8032 and Vidball who are only out for personal attacks or just trying to rile up a fanbase.

YOU and ANYONE whose been posting in the last few pages has been ridiculous. When this thread started there was some actual discussion, now because half of you cant read it's become rehashing of the same tired argument, I've been posting the exact same thing over and over again and you people keep ignoring it.

Watch I'l do it again:



He has every right to play if he can earn a contract. But teams are only signing him so they can screw over the Blazers, several executives have gone to the media to say so, basically taunting the Blazers FO saying "haha there's nothing you can do about it". Back then nobody had a problem with it, it's Portland, they're too good as it is and need to be knocked a (relatively small) peg down. But now that Portland is all up in arms trying to fight back against unethical business tactics suddenly every fan in the world are calling them the evil empire.

So everyone is ridiculous except you? Riiiight, makes sense. We just get it.

Gibby23
01-09-2009, 06:47 PM
Nowhere does it say the PA arent going to support the Blazers. It doesn't even say they will support Miles, even though they will probably support both of them. Miles isn't fighting the Blazers here, it's the Blazers vs. other NBA teams.

Fail..

DODGERS&LAKERS
01-09-2009, 06:50 PM
Um...look at the article...they're blatantly misleading you with the title. Blazers arent threatening to sue if Darius is signed, they're threatening to sue if a rival GM signs him to mess with their financial situation. IT SAYS SO IN THEIR OWN ARTICLE.

How would the Blazers be able to prove that a team is really only signing him to screw up the Blazers cap? What if he signed with a team from the east who would not benefit from the Blazers having less cap flexibility? If they truly sent out a memo to the entire league, that is kind of like collusion, and is illegal. Teams can not make agreements with other teams not to sign certain players and black ball them out of the sport

Lakerfan8032
01-09-2009, 06:52 PM
0

GregOden#1
01-09-2009, 06:53 PM
So everyone is ridiculous except you? Riiiight, makes sense. We just get it.

I didn't say everyone. I made my position clear, dont try and change it.

IndyRealist
01-09-2009, 06:53 PM
So GregOden#1, if a team has a legitimate need for a player like Miles, then it'd be ok to sign him? Who's going to determine if that team needs him? Will the Trailblazers ever really be able to PROVE that he was signed just to screw them over? It sounds like Portland is trying to intimidate other teams into not signing Miles. They'll never win a lawsuit, they're just threatening to drag it out in court forever. I think the Clippers are playing with 8 healthy bodies. The Pacers are hurting at the wing positions. Some teams like the Timberwolves need all the help they can get. There are teams that might legitimately need Darius Miles, but are afraid to sign him because of the threat of a lawsuit. Sounds like Miles is the one who has a lawsuit on his hands.

Lakerfan8032
01-09-2009, 06:54 PM
You'd have to prove Portland was trying to deter Miles from getting work for Miles to have any case against them, and it doesn't look like that's the case. Portland isn't saying dont sign Miles, ESPN are lying straight up with their head article. They're saying dont **** with us, which is completely different. Miles has no case against the Blazers.



I like how you ignore anyone before who was defending Portland, I'm the only one that's stuck around to deal with the trolls like Lakerfan8032 and Vidball who are only out for personal attacks or just trying to rile up a fanbase.

YOU and ANYONE whose been posting in the last few pages has been ridiculous. When this thread started there was some actual discussion, now because half of you cant read it's become rehashing of the same tired argument, I've been posting the exact same thing over and over again and you people keep ignoring it.

Watch I'l do it again:



He has every right to play if he can earn a contract. But teams are only signing him so they can screw over the Blazers, several executives have gone to the media to say so, basically taunting the Blazers FO saying "haha there's nothing you can do about it". Back then nobody had a problem with it, it's Portland, they're too good as it is and need to be knocked a (relatively small) peg down. But now that Portland is all up in arms trying to fight back against unethical business tactics suddenly every fan in the world are calling them the evil empire.

[B]DROP IT!!!![B] Come on, you are only making yourself look bad. I'm not attacking a fanbase, unless you are the fanbase. You have no valid points. You are pissed because your teams cap situation is screwed and you can't handle this. You are doing a disservice to your fellow Blazer fans by keeping your tirade going. You make them look bad since you apparently represent the Blazer fanbase. Portland signed him to the contract and if he is healthy enough and able to play then he should have that opportunity. If a team only wants to sign him to affect Portland's financial status, then they have every right to. It could be argued that that is dirty or whatever word you would use (illegal not being one of them) but all these teams are competing against each other and if you could hurt a rival by doing this, then it makes sense. Thanks for dubbing me a troll since I go around to every topic just to piss people off.:rolleyes: If you would have mentioned your displeasure with this once or twice I would have said nothing but you are completely out of control regarding this issue. Your affiliation with Portland means that you have no subjectiveness so your opinion means nothing.

cwilson21
01-09-2009, 06:56 PM
Are the Blazers his ****ing parents now? He's his own man and should be the one dictating whether or not he should play or not. If he wants to play and a team wants to play him, then so be it.

Gibby23
01-09-2009, 06:57 PM
So GregOden#1, if a team has a legitimate need for a player like Miles, then it'd be ok to sign him? Who's going to determine if that team needs him? Will the Trailblazers ever really be able to PROVE that he was signed just to screw them over? It sounds like Portland is trying to intimidate other teams into not signing Miles. They'll never win a lawsuit, they're just threatening to drag it out in court forever. I think the Clippers are playing with 8 healthy bodies. The Pacers are hurting at the wing positions. Some teams like the Timberwolves need all the help they can get. There are teams that might legitimately need Darius Miles, but are afraid to sign him because of the threat of a lawsuit. Sounds like Miles is the one who has a lawsuit on his hands.
To bad it's the Blazers that are going to end up with a lawsuit. It looks like the threat didn't work.
http://sports.espn.go.com/nba/news/story?id=3822392
"We are shocked at the brazen attempt by the Portland Trail Blazers to try to prevent Darius Miles from continuing his NBA career," NBPA executive director Billy Hunter said in a statement Friday. "Their attempt to intimidate the other 29 NBA teams by threatening frivolous litigation merely for signing this capable NBA veteran is a clear violation of the anti-collusion and other provisions of our Collective Bargaining Agreement. We will vigorously defend Darius' rights."

GregOden#1
01-09-2009, 07:05 PM
So GregOden#1, if a team has a legitimate need for a player like Miles, then it'd be ok to sign him?

Yeah.


Who's going to determine if that team needs him? Will the Trailblazers ever really be able to PROVE that he was signed just to screw them over?

The court will decide if Portland does try to sue somebody.


It sounds like Portland is trying to intimidate other teams into not signing Miles. They'll never win a lawsuit, they're just threatening to drag it out in court forever.

That may be the case, but you'd have to prove it in court to reprimand them.


I think the Clippers are playing with 8 healthy bodies. The Pacers are hurting at the wing positions. Some teams like the Timberwolves need all the help they can get. There are teams that might legitimately need Darius Miles, but are afraid to sign him because of the threat of a lawsuit.

The Clippers already worked Miles out and woudn't sign him. Miles worked out for a ton of teams and there just wasn't much interest in him. Memphis signing him was pretty ridiculous, signing him to 2 10 contracts, playing him 7 minutes and then waiving him was even more ridiculous. NBA GM's were basically taunting Portland through the media, saying someone would pick him up and that Portland was screwed. This lawsuit is basically just saying Portland isn't one to be messed with, and if this was your team or anyone else's here you'd be defending them too.


You are pissed because your teams cap situation is screwed and you can't handle this.

Ok well I've ignored all your other attempts at baiting me because you're an obvious troll. But this is something I want to answer. Portland is not screwed capwise, Portland will most likely still have 11-12 million in capspace (and potentially 17) which is more than enough to sign any of the FA's that are coming out this year. I dont care about the cap, I'm defending them because alot of these "arguments" are baseless accusations coming from people who dont know what the **** they're talking about.

Gibby23
01-09-2009, 07:09 PM
GregOden#1 you keep saying that the other teams will have to prove it in court, but it looks like the Blazers are the one's headed to court, so waht are you basing your statements on?

Missing56&33
01-09-2009, 07:22 PM
the blazers are the ones thats going to get blackballed. pay up

LD V2.0
01-09-2009, 07:26 PM
http://sports.espn.go.com/nba/news/story?id=3820794

Miles wasn't very good to the Blazers but they've tried to buck the system and that's wrong. I hope all this bites them in the ***. Miles is still good enough to make some roster. I think some team, even the Raptors maybe, should sign him to a few ten days and see how he works out. He deserves a chance somewhere to redeem himself. To prove that he wants to play and to prove that he can and will conduct himself like a professional. J.R. Smith has been doing a fine job at redeeming himself. If J.R. can do it then so can Darius.

ttam68
01-09-2009, 07:28 PM
How's does Portland have a better case against a team that signs him and claims its bc they needed him then Miles does against Portland who claims they weren't impeding his employment?

Gibby23
01-09-2009, 07:29 PM
Looks like it didn't sit well with other teams:
http://sports.yahoo.com/nba/news?slug=aw-gilbertresponse010909&prov=yhoo&type=lgns

Cavs owner upset with Blazers’ threat


The Portland Trail Blazers’ threat to possibly sue any team that signs free-agent forward Darius Miles has created a firestorm of reaction around the league.

Cleveland Cavaliers owner Dan Gilbert emailed Blazers president Larry Miller to say he took exception with Portland’s threat.

Yahoo! Sports obtained Gilbert’s email because it was carboned to the rest of the league’s owners and executives.

“With all due respect…although the Cleveland Cavaliers have no interest in signing Darius Miles and will not be signing Darius Miles,” Gilbert wrote, “I find your email quite peculiar from two standpoints:

“1. It’s dead wrong. I believe that all 30 NBA teams were and are fully aware of the terms and provisions of the collective bargaining agreement as to which all teams and the NBA are a party to, including the Portland Trailblazers.

“2. Are legal threats through a mass email the best way to circumvent the known potential consequences that could result from the Trailblazers decisions and actions they took with respect to Darius Miles?

“I fully understand the frustration you and your team’s ownership must be feeling in regards to this situation, but a preemptive threat of ‘litigation’ directed at all of your partners through a group email does not sit well with me and seems to be incongruent with the spirit of keeping a ‘fiduciary duty’ and good ‘partner-like duty’ to your ‘NBA joint venturers.’

“I would think there has got to be a better tactic than this one.”

GregOden#1
01-09-2009, 07:32 PM
How's does Portland have a better case against a team that signs him and claims its bc they needed him then Miles does against Portland who claims they weren't impeding his employment?

The airlines impede my chances of employment for not offering me free plane rides around the world. That means I cant get a job in El Salvador!

Miles needs to claim Portland is impeding his employment purposely, when they're really just firing warning shots at other GM's. He doesn't really have a case.

LD V2.0
01-09-2009, 07:35 PM
How's does Portland have a better case against a team that signs him and claims its bc they needed him then Miles does against Portland who claims they weren't impeding his employment?

If a rival team signs Darius to a ten day, plays him in a couple games and then lets him walk and claims that he just didn't fit their system the league can't do a damn thing about it. Rules are rules. The Blazers can show their fangs all they want but at the end of the day they're all show and no go. They don't have a leg to stand on. No team is going to admit to signing Miles to screw over the Blazers and the Blazer won't be able to prove otherwise. It will be all speculation and speculation is nothing.

leftie5
01-09-2009, 07:51 PM
http://sports.espn.go.com/nba/news/story?id=3822392

It looks like the players union came out with their own threat against the Blazers which is nice to see. Just let Miles try to get on with his life and try to play ball. The Grizzlies were saying you could see Darius was getting back into the swing of things and had a few nice throw downs in practice so if he is healthy and a team wants to sign him he should be able to.

If a team signs him and puts him in two games for a combined 30 seconds then tough ****. The Blazers brought this upon themselves and if they think threatening all other teams is a good thing to do they are going to get a wake up call.

And another thing, the Blazers received benefits when Miles' injury was considered career threatening so if he can play they do not deserve to have those benefits.

Maddog-99
01-09-2009, 07:53 PM
This is the point in the thread where I would like to further add that Kobe is better than Lebron :)

Maddog-99
01-09-2009, 08:16 PM
In all seriousness, this is a completely baseless bluff.

Allens sham will convince no one, except for GregOden #1. (I think we need an IP & MAC Address check on him... He is either Allen, his lawyer, or his PR agent).

Bottom line: You cant prevent an athelete from working, if there is a team willing to give him a job. The legacy issues of his prior contract are not the burden of the new team employing him.


Its much more likely that the PA or the player pursues legal action against the Blazers.
Line up behind the Persons with Disabilities Act & you could have a field day!

An able bodied person, seeking work with an employer willing to employ that person, yet a third party threatens legal action against that employer if he grants the opportunity to that person.

- extorsion?

Some GM almost HAS to hire him to avoid the owners being sued Collectively for collusion by the Players Union.

I LOVE THIS. GREAT DRAMA.

Only in the NBA...

... Where "billion dollar owners threaten each other" happens!

kingjanjic
01-09-2009, 08:41 PM
i hope miles gets to play, *** blazers, i hope they pay for this, i hope they get seriouly screwed up, who do they think they r? miles deserves to play, he was a decent player with a great spirt, he deserves another chance on another team n i hope he gets it n i hope blazers lose money, they sicken me,

injury is apart of the game n i pray that blazers end up paying the rest of miles contract:):)

cubulls
01-09-2009, 08:48 PM
:laugh:

I can't believe this **** is still going on....

Lakerfan8032
01-09-2009, 09:37 PM
You know you can just click the part on the site of the thread that has the post count on it....you dont actually have to go through the thread counting someone's posts....http://www.prosportsdaily.com/forums/misc.php?do=whoposted&t=312665

Thanks for the tip.

njnets
01-09-2009, 09:56 PM
so if he is medically "able" to play unlike doctors said earlier, portland will get hit with money correct?

btw, anyone else thinking that the blazers knew it was a serious injury and just wanted miles off their team so they used this excuse? because i am starting to think that.

GregOden#1
01-09-2009, 10:01 PM
so if he is medically "able" to play unlike doctors said earlier, portland will get hit with money correct?

btw, anyone else thinking that the blazers knew it was a serious injury and just wanted miles off their team so they used this excuse? because i am starting to think that.

For 90 billionth time. The NBA assigned an impartial doctor to determine the severity of the knee, who said that it was one of the worst knees he had ever seen and that Miles would need a knee replacement if he continued playing professional basketball.

The money goes back on the cap if Miles plays 10 games, proving he's healthy enough to play. But that doesn't account for ******* GM's like Memphis who sign a medically unfit player to play garbage time in a blowout to screw Portland over. If Miles is still unfit to play, and he will be required to take medical tests as the year goes on, the money stays off. So unless Miles recovered from a career ending injury the money will stay off the cap.

KB24PG16
01-09-2009, 10:05 PM
teams should sign him just to piss off the blazers

blacknell
01-09-2009, 10:10 PM
i wouldn't sign him though

PTB_Fan_In_LV
01-09-2009, 10:48 PM
Ok this thread is ****ing ********. What Portland said was sort of stupid. They were giving a warning out to teams that might want to mess with them. They never said don't sign him and play him if you want him and need him. They are saying don't be stupid and play him just to mess with them. They aren't against him playing. The NBA appointed the medical examiner in the first place and he ruled Miles" injury was career ending. I am a Blazer Fan and I am all for Miles coming back if he can do it. I think he should be able to decide himself if he wants to play. I wish the best for Darius and hope he gets to where he wants to go.

AirJordanXVIII
01-09-2009, 10:51 PM
I had respect for Portland...

But after this..

ink
01-09-2009, 10:56 PM
Looks like this one has run its course.