Blazers threaten the rest of the NBA [merged]

[MadeFromDust]

http://sportsillustrated.cnn.com/2009/basketball/nba/01/09/Blazers.Miles/index.html

The Portland Trail Blazers have issued an unusual warning to rival NBA teams who are thinking about hiring their former player Darius Miles: Put Miles on the court, say the Blazers, and we may sue you.

`"The Portland Trail Blazers will take all necessary steps to safeguard its rights, including, without limitation, litigation,'' wrote Blazers president Larry Miller in an e-mail addressed late Thursday night to all NBA team presidents and general managers. SI.com was provided access to the memo by an NBA team executive.

Miles underwent microfracture surgery to repair his right knee as a member of the Trail Blazers in November 2006. He was released by Portland last April after his injury was judged to be "career-ending'' by an independent medical examiner appointed by the NBA and the players union.

Miles, 27, has attempted a comeback this season, playing a total of eight exhibition and regular-season games with the Boston Celtics and Memphis Grizzlies, who waived him Tuesday to avoid having to guarantee his contract for the rest of the season. The 6-9 Miles had two rebounds and two blocks in seven minutes during his final game with Memphis on Tuesday.

If Miles were to be picked up by an NBA team and play in two more NBA games, his original $9 million salary for this season as well as next season would be reinstated to Portland's official payroll, pushing the Blazers over the luxury tax threshold this season - costing them millions of dollar - while hurting their chances to sign a major free agent this summer.

Here is the full text of Miller's statement that was dispatched to rival teams Thursday:

"`Team Presidents and General Managers,

`"The Portland Trail Blazers are aware that certain teams may be contemplating signing Darius Miles to a contract for the purpose of adversely impacting the Portland Trail Blazers Salary Cap and tax positions. Such conduct from a team would violate its fiduciary duty as an NBA joint venturer. In addition, persons or entities involved in such conduct may be individually liable to the Portland Trail Blazers for tortuously interfering with the Portland Trail Blazers' contract rights and perspective economic opportunities.

"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.''

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.

Miles's agent, Jeff Wechsler, said he could not comment Thursday as he had not yet seen Miller's letter.

 

[MadeFromDust]

Re: Blazers threaten the rest of the NBA

Whoops...

I see this has already been posted. My mistake.

 

[Natebishop3]

Re: Blazers threaten the rest of the NBA

Don't merge this please, mods. I think it's a topic that needs to be discussed.

I said my piece on the other forum, but I think this move would be hard to prove in court. How do you prove a team like the Grizzlies signed and played Miles with malicious intent? It would be very difficult. I think it was a scare tactic.

 

[AgentDrazenPetrovic]

Re: Blazers threaten the rest of the NBA

sure it was malicious. what purpose do they have letting him serve his 10 game suspension, then play him for 2 minutes one game...and sparingly the next...the waive.

it may be hard to prove, but it still doesn't make Chris Wallace NOT an asshole.

 

[AgentDrazenPetrovic]

Re: Blazers threaten the rest of the NBA

whomever signs miles is doing this to thwart blazers cap room. its low class and poor sportsmanship for what is a legitimate injury.

 

[Natebishop3]

Re: Blazers threaten the rest of the NBA

sure it was malicious. what purpose do they have letting him serve his 10 game suspension, then play him for 2 minutes one game...and sparingly the next...the waive.

it may be hard to prove, but it still doesn't make Chris Wallace NOT an asshole.

Yeah, but why not play him the full four then?

 

[Natebishop3]

Re: Blazers threaten the rest of the NBA

whomever signs miles is doing this to thwart blazers cap room. its low class and poor sportsmanship for what is a legitimate injury.

And if we did it to the Lakers or Celtics, most Blazer fans would openly gloat.

 

[AgentDrazenPetrovic]

Re: Blazers threaten the rest of the NBA

Yeah, but why not play him the full four then?

because they don't want to be the ones getting sued or having the rep of the asshole GM that did that to Portland. I would think a GM and team like that would be blacklisted.

 

[AgentDrazenPetrovic]

Re: Blazers threaten the rest of the NBA

And if we did it to the Lakers or Celtics, most Blazer fans would openly gloat.

I really wouldn't. Signing a player for the sole intention of cheating them out of well-deserved cap relief for a medically unfit player?

 

[Nikolokolus]

Re: Blazers threaten the rest of the NBA

God damn this could get ugly ... then again if teams are so concerned with putting the Blazers into luxury tax territory with the hopes of reaping a small 250K+ benefit, they may think twice if it means getting tangled up in a costly lawsuit with one the richest men in the world.

 

[THE HCP]

Re: Blazers threaten the rest of the NBA

This is gonna' get interesting! You go Larry!

 

[Nikolokolus]

Re: Blazers threaten the rest of the NBA

BTW, I think Miles would have a very strong case against the Blazers if they attempted to block him from pursuing his livelihood (such as it is) ... maybe they're willing to take that risk and pay damages in court that would probably be far outstripped by their luxury tax liability.

Ugh, I really don't care for this shit at all.

 

[Boob-No-More]

Re: Blazers threaten the rest of the NBA

Translation: We can afford better lawyers than you can.

BNM

 

[THE HCP]

Re: Blazers threaten the rest of the NBA

What if this shit ended up on Judge Judy?

 

[Chuck Taylor]

Re: Blazers threaten the rest of the NBA

this makes me think we want to use cap space to sign someone in the offseason

 

[The Sebastian Express]

Re: Blazers threaten the rest of the NBA

BTW, I think Miles would have a very strong case against the Blazers if they attempted to block him from pursuing his livelihood (such as it is) ... maybe they're willing to take that risk and pay damages in court that would probably be far outstripped by their luxury tax liability.

Ugh, I really don't care for this shit at all.

Portland would, I imagine, counter-act by saying they weren't trying to prevent Miles from getting signed and playing for real and harming his livelihood but rather they were attempting to prevent a team from signing him to a ten day contract to play him for two games for like 30 seconds to screw the Blazers.

 

[Nikolokolus]

Re: Blazers threaten the rest of the NBA

this makes me think we want to use cap space to sign someone in the offseason

I think it's partly that and I've wondered for awhile if Wallace and Heisley haven't been trying to maybe strongarm the Blazers into trading with them (the whole Outlaw for Conley thing popping up constantly) in which case I'm guessing Larry Miller, PA, and KP may have just decided to say, "fuck you very much."

 

[Minstrel]

Re: Blazers threaten the rest of the NBA

Portland would, I imagine, counter-act by saying they weren't trying to prevent Miles from getting signed and playing for real and harming his livelihood but rather they were attempting to prevent a team from signing him to a ten day contract to play him for two games for like 30 seconds to screw the Blazers.

Exactly. All they're threatening to prevent is a 10 day contract for the sole purpose of harming the Blazers...which can't, in any way, be considered a "career" for Miles that the Blazers are dissuading. If a team wants to sign Miles and play him real minutes for the rest of the season, that's fine and not what the Blazers are threatening suit over.

I'd say that's hard to spin as trying to block Miles from an honest career.

 

[barfo]

Re: Blazers threaten the rest of the NBA

Exactly. All they're threatening to prevent is a 10 day contract for the sole purpose of harming the Blazers...which can't, in any way, be considered a "career" for Miles that the Blazers are dissuading. If a team wants to sign Miles and play him real minutes for the rest of the season, that's fine and not what the Blazers are threatening suit over.

I'd say that's hard to spin as trying to block Miles from an honest career.

It's an interesting case. I don't think "career" enters into it - we have no right to prevent him from an honest day's work. Doesn't matter if it is a long-term gig, from a employment perspective. [caveat: me no employment lawyer]

But if I were another team, I'd think I'd want to play him a lot more than 2 days if I was going to sign him, just to eliminate the risk of being sued. Because if you only play him a bit, it does open the door for the Blazers to sue. The Blazers actually have a pretty good case, since the team that signs him stands to profit by doing so.

I suspect sending the email was probably the wrong approach - it would have been better to call the other 29 teams individually. Since they wouldn't be expecting the call, they probably wouldn't be recording it, and that would make it tougher to use as evidence in a suit by Miles.

Hopefully the Blazers have thought this through and have managed their risk appropriately.

barfo

 

[julius]

Re: Blazers threaten the rest of the NBA

It's an interesting case. I don't think "career" enters into it - we have no right to prevent him from an honest day's work. Doesn't matter if it is a long-term gig, from a employment perspective. [caveat: me no employment lawyer]

But if I were another team, I'd think I'd want to play him a lot more than 2 days if I was going to sign him, just to eliminate the risk of being sued. Because if you only play him a bit, it does open the door for the Blazers to sue. The Blazers actually have a pretty good case, since the team that signs him stands to profit by doing so.

I suspect sending the email was probably the wrong approach - it would have been better to call the other 29 teams individually. Since they wouldn't be expecting the call, they probably wouldn't be recording it, and that would make it tougher to use as evidence in a suit by Miles.

Hopefully the Blazers have thought this through and have managed their risk appropriately.

barfo

You forget that this team isn't being run by John Nash and Steve Patterson anymore. I'm sure they not only tied all the knots, but crossed all the i's too.

 

[barfo]

Re: Blazers threaten the rest of the NBA

You forget that this team isn't being run by John Nash and Steve Patterson anymore. I'm sure they not only tied all the knots, but crossed all the i's too.

True. Although that email does have a certain Steve Patterson-ness about it.

barfo

 

[PapaG]

Re: Blazers threaten the rest of the NBA

And if we did it to the Lakers or Celtics, most Blazer fans would openly gloat.

Well, you might, but most fans recognize BS. After all, wasn't it you who said that writing about the team was making you less of a fan?

 

[PapaG]

Re: Blazers threaten the rest of the NBA

I suspect sending the email was probably the wrong approach - it would have been better to call the other 29 teams individually. Since they wouldn't be expecting the call, they probably wouldn't be recording it, and that would make it tougher to use as evidence in a suit by Miles.

Hopefully the Blazers have thought this through and have managed their risk appropriately.

barfo

The email is exactly the correct approach. Put your intentions in writing, have a distribution list, and let the press know about it. The ball is in the Nuggets' or Celtics' court at this moment, and the Nuggets can't afford to mess around with legal fees.

Of course they have thought this through. I advocated this approach earlier in the process, and I do actually know what I am talking about in these matters.

 

[julius]

Re: Blazers threaten the rest of the NBA

True. Although that email does have a certain Steve Patterson-ness about it.

barfo

I think had it been Pattersonesque, he would have had a press conference and tried to scare people with the village that lives in his eye-brows. And then commented about a 25 point pledge, trading for a chair, and the word "subterfuge".

 

[barfo]

Re: Blazers threaten the rest of the NBA

The email is exactly the correct approach. Put your intentions in writing, have a distribution list, and let the press know about it.

Well, it would be interesting if the Blazers were the ones who gave it to the press. That remains to be seen.

Of course they have thought this through.

Of course.

I advocated this approach earlier in the process, and I do actually know what I am talking about in these matters.

Do tell.

barfo

 

[PapaG]

Re: Blazers threaten the rest of the NBA

Well, it would be interesting if the Blazers were the ones who gave it to the press. That remains to be seen.



Of course.



Do tell.

barfo

Nah, I can't spill my US secrets to a Global Moderator without some compensation.

 

[barfo]

Re: Blazers threaten the rest of the NBA

Nah, I can't spill my US secrets to a Global Moderator without some compensation.

How about for one millllion dollars?

barfo

 

[Really Lost One]

Re: Blazers threaten the rest of the NBA

"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."

I think this is pretty ridiculous. You can't be certain whether or not an opposing team is trying to screw the Blazers if they sign Miles to a 10 day contract. Teams sign free agents to 10 day contracts all the time, play them a couple of games, and if they don't show much, they don't bring them back. If anything Miles should be taking action because this "threat" is intending to limit teams from pursuing him.

 

[GriLtCheeZ]

Re: Blazers threaten the rest of the NBA

Perhaps Miles can sue the Blazers, get legally paid off in a settlement while agreeing not to play the rest of this year. Then everybody wins.

 

[PapaG]

Re: Blazers threaten the rest of the NBA

"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."

So is this "executive" now giving Darius Miles advice? This is going to get ugly...