Blazers threaten the rest of the NBA [merged]

[The_Lillard_King]

Miles is already getting paid for his contract, so your first point is moot.

No mIles is getting 9 million from the Blaers (or insurance). He also gets money from a team that signs him.

 

[hasoos]

Miles should sue for not just salray lost this year but for future earnings lost becuase teams are afraid to give him a chance.

If the Blazers really thought they had a good lawsuit, wouldn't they sue Memphis. Memphis is a player in the free agent market this summer, they sign Miles and let the ten game suspension run and then only play him two games.

Why not sue memphis?

Let him sue. He is unfit to play. He will lose, and will blow most of his money trying to sue.

The reaso they don't sue Memphis is because Memphis released him before he hit the 10 game mark. That is a sign of professional courtesy. They looked at him, saw he could not play, and cut him.

 

[STOMP]

Miles should sue for not just salray lost this year but for future earnings lost becuase teams are afraid to give him a chance.

why in world would other teams be "afraid" of giving him a chance after this season?

STOMP

 

[graybeard]

It is very simple. Paul Allen has very good lawyers on retainer, and I can guarantee you, that they know what he can and cannot do legally. They also know tactics. Right now a team could pick up Miles and shaft the Blazers for very little financial liability. He is letting them know it will not be so cheap. In fact, Paul Allen has so much money, he can make it very expensive for somebody to do so just because he is pissed off and can tie them up in court long enough to not make it worth their time. That is what happens when you have a lot of money, more money than most folks, even rich ones.

Secondly, the Blazers have a medical report from the NBA to fall back on as proof that it is malicious. He was deemed unfit to play. Ever again. That is pretty straight forward.

Bingo, hasoos, you hit the nail on the head.

The Blazers are sending a message here that says ... If you're going to sign Miles, you'd better fucking play him the rest of the year or you're going to be sued.

As far as Paul Allen's lawyers go.... He has full time lawyers that he has to pay anyhow, he might as well have them work for their money as opposed to sitting on their asses.

This is why Miller gets the big bucks.

 

[MikeDC]

I don't think the Blazers have a chance on this lawsuit . . . outside some kind of secretly obtained Milesgate tapes.

What are the limitations of signing a player? Couldn't you sign a player becuase you think they will add team chemistry, be a leader for the young players, be a teacher for the young players, bring people to the arena.

Now that the Blazers have drawn even more attention to Miles, fans may come to see what he is all about or to support their team because the team was aggresive about sticking it to Ptd. If I'm the player's union, I'm pissed and aggresively responding to this.

This comes across as the Blazer owner being a rich bully who thinks he can threaten other teams with his money and team of attorneys. There has to be at least one other owner who takes this silly position head on and signs Miles. I wonder what Cuban's response to all this is?

I agree with everything you wrote, but at the same time, I don't think that I, would, if I were an owner, risk a costly legal action over a guy I was pretty questionable about to start with.

If I were going to do it, I'd simply sign him for the rest of the year and be pretty sure he had every opportunity to play. And I'm not sure there are that many obvious openings there.

 

[The_Lillard_King]

Do we have to go over this again? That's not how legal fees work in U.S. civil court.
http://en.wikipedia.org/wiki/American_rule_(legal_term)

You're kidding right?

 

[AgentDrazenPetrovic]

No mIles is getting 9 million from the Blaers (or insurance). He also gets money from a team that signs him.

if he's getting paid, what's the problem?

 

[The_Lillard_King]

if he's getting paid, what's the problem?

If no team signs him because of this email, he is missing out on additional income.

 

[mook]

Seems like a smart move on the Blazers' part. The only real risk they face in making such a statement is that they get sued by Miles for, what, $1 mil? It's not like Miles can claim he's being deprived of a $10 mil contract. At best he'll make the vet minimum. A $1 mil law suit isn't exactly going to terrify Paul Allen.

Would the Blazers actually sue another team. Seems at least possible.

Would they win? Seems doubtful.

Would the other team regret signing Miles because of all the legal hassles and diversions? Seems probable.

Has this release at least decreased the odds that Miles is signed somewhere this season? Almost certainly.

 

[Mediocre Man]

Seems like a smart move on the Blazers' part. The only real risk they face in making such a statement is that they get sued by Miles for, what, $1 mil? It's not like Miles can claim he's being deprived of a $10 mil contract. At best he'll make the vet minimum. A $1 mil law suit isn't exactly going to terrify Paul Allen.

Would the Blazers actually sue another team. Seems at least possible.

Would they win? Seems doubtful.

Would the other team regret signing Miles because of all the legal hassles and diversions? Seems probable.

Has this release at least decreased the odds that Miles is signed somewhere this season? Almost certainly.

You don't think the league can penalize us somehow? I'm asking because I don't know.

I also don't see how another team would be scared at all about htis. I mena how in the world can Portland begin to prove it was malicious?

 

[The_Lillard_King]

I agree with everything you wrote, but at the same time, I don't think that I, would, if I were an owner, risk a costly legal action over a guy I was pretty questionable about to start with.

If I were going to do it, I'd simply sign him for the rest of the year and be pretty sure he had every opportunity to play. And I'm not sure there are that many obvious openings there.

Well obviously it would take serious research by real attorneys, but if I was an owner of a club and rich, I would call up my legal team and ask what the cost would be and could we recover the costs. I would hope my cleaver team of lawyers would find some way to utilize the attorney fee laws out there to stick it to this person threatening me.

I don't know, but maybe something like this:

ORS 646.638 Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim.
(1) Except as provided in subsection (8) of this section, any person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide the equitable relief the court considers necessary or proper.

(2) Upon commencement of any action brought under subsection (1) of this section the party bringing the action shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney General. Failure to mail a copy of the complaint shall not be a jurisdictional defect, but a court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by affidavit or by return receipt of mailing.

(3) Except as provided in subsection (4) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

 

[STOMP]

If no team signs him because of this email, he is missing out on additional income.

Why did no team sign him to a guaranteed deal prior to this email? Miles may have some legal recourse on moneys lost this year, but you're talking extremely small potatoes compared to the 9M he is receiving... no one is going to extend him anything over the absolute minimum. Thats what he might be able to recoup from the Blazers and I'm sure that they're willing to risk it.

STOMP

 

[Kaydow]

I don't think the Blazers have a chance on this lawsuit . . . outside some kind of secretly obtained Milesgate tapes.

What are the limitations of signing a player? Couldn't you sign a player becuase you think they will add team chemistry, be a leader for the young players, be a teacher for the young players, bring people to the arena.

Now that the Blazers have drawn even more attention to Miles, fans may come to see what he is all about or to support their team because the team was aggresive about sticking it to Ptd. If I'm the player's union, I'm pissed and aggresively responding to this.

This comes across as the Blazer owner being a rich bully who thinks he can threaten other teams with his money and team of attorneys. There has to be at least one other owner who takes this silly position head on and signs Miles. I wonder what Cuban's response to all this is?

Not to mention that Miles is still only 27, he WAS highly touted, and had his moments on the court. I mean, we all KNOW he's got baggage. And we all BELIEVE his ability is drastically affected by his injury, inactivity, and . . . whatever. But the 2nd part is sujective at best. Who's to say a team couldn't argue that they think his athletic ability is still there, he's just rusty? He IS only 27.

 

[ironcrotch]

If no team signs him because of this email, he is missing out on additional income.

it probably isnt beneficial to him to be signed to short contracts and played for 2 games just to be used as a pawn to fuck with the Blazers cap.

there's a reason why no team has picked him up long term.

 

[STOMP]

Not to mention that Miles is still only 27, he WAS highly touted, and had his moments on the court. I mean, we all KNOW he's got baggage. And we all BELIEVE his ability is drastically affected by his injury, inactivity, and . . . whatever. But the 2nd part is sujective at best. Who's to say a team couldn't argue that they think his athletic ability is still there, he's just rusty? He IS only 27.

the X-Rays of his hamburger knees and league appointed Doc's professional opinion seem to be quite a bit more then subjective evidence.

STOMP

 

[The_Lillard_King]

Why did no team sign him to a guaranteed deal prior to this email? Miles may have some legal recourse on moneys lost this year, but you're talking extremely small potatoes compared to the 9M he is receiving... no one is going to extend him anything over the absolute minimum. Thats what he might be able to recoup from the Blazers and I'm sure that they're willing to risk it.

STOMP

From Miles perspective, or more so a lawyer's persepctive: How do you know he is limited to a one year minimum contract.

An argument could be that the average career of a NBA player is very short . . . to deny a player in his occupation to work for a half season is equvalent to denying someone work for five years. That would kill anyone's career.

This is the most crucial year in Miles career. This is the year he was going to prove to somne team that the Blazers are wrong about him. Given the nature of the business you have a very short window to take advantage of. It was Miles hope to show other teams the Blazers were trying to circumvent his career, and to work for minimum pay in hopes of gaining a extened contract with a team. Blazers have denied him that opportunity. Miles became depressed due to the Blazers action and suffered emotionlly which caused a major setback in his rehabilitation and attempt to return to the NBA . . . one that he could not overcome in the shoret time he would have to given the short careers NBA players have.

Allen is not the only person who can play hardball. I don't even mind Allen playing hard ball and applaud. But threatening letter just piss me off and think it was a wrong call by the organization.

I can tell you (on a much diferent monetary scale) that I recieved a threatening letter and made it my objective to make that person's life a living nightmare . . . so obviously this topic touches me on an emotional level.

 

[Masbee]

Well obviously it would take serious research by real attorneys, but if I was an owner of a club and rich, I would call up my legal team and ask what the cost would be and could we recover the costs. I would hope my cleaver team of lawyers would find some way to utilize the attorney fee laws out there to stick it to this person threatening me.

I don't know, but maybe something like this:

ORS 646.638 Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim.
(1) Except as provided in subsection (8) of this section, any person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide the equitable relief the court considers necessary or proper.

(2) Upon commencement of any action brought under subsection (1) of this section the party bringing the action shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney General. Failure to mail a copy of the complaint shall not be a jurisdictional defect, but a court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by affidavit or by return receipt of mailing.

(3) Except as provided in subsection (4) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

The court "may". Not should or must.

Judges rarely award attorney fees.

 

[The Sebastian Express]

You don't think the league can penalize us somehow? I'm asking because I don't know.

I also don't see how another team would be scared at all about htis. I mena how in the world can Portland begin to prove it was malicious?

I don't think the nba can penalize us because we didn't break any rules. We were ballsy, very bold, and very unprecedented in our approach but we did not violate the CBA in this email.

Minnesota is the only team I can recall being penalized in draft picks and they were because McHale is so incompetent he WROTE in Joe Smith's contract that they would sign him to his small contract then give him the max next year (or something very similar). Which was illegal.

 

[noknobs]

Wow, I come on here expecting a slow news day...

My initial reaction was that this is a punk move by the Blazers. I don't like that we're essentially blocking a man, who I've 'hated on' to no end in the past, from seeking employment.

I hate the fact that another team can screw us over by signing him, and that that would be the main reason, if not the sole reason, they sign him, but I believe it's just business. If I was another team in the west I'd do it without hesitation. Now, after I've thought about it for a bit, I don't dislike what the Blazers are doing as much, because it's also 'just business.'

I guess what I hate is that someone is getting completely screwed, no matter the outcome, and it's the leagues fault. I hate that the league has brought this mess on us and now it's shaping into a Blazers vs. everyone and will probably paint us as the bad guys. But really, what are we supposed to do? Just sit back and take it? His injury was deemed career ending and his comeback could totally derail our plans. The whole scenario is stupid.

 

[Entity]

What I'd be interested to know is to what extent this would be considered tampering. If the league had a way to penalize the Blazers, I would think that would be the one to do it with.

But I'm guessing the Blazers have looked at this scenario thoroughly.

 

[The_Lillard_King]

The court "may". Not should or must.

Judges rarely award attorney fees.

But it happens, and I would want to know from my lawyers, is this one of those instances. Becuase what Allen is suggesting he will sue about is cetainly a rare and unique lawsuit where a judge might feel it's appropriate.

I would hope a judge would award attorney fees where they feel the other side is using their money to bully others around.

 

[ABM]

Canzano interjects:

http://blog.oregonlive.com/johncanzano/2009/01/the_blazers_and_their_threats.html

 

[Mediocre Man]

Canzano interjects:

http://blog.oregonlive.com/johncanzano/2009/01/the_blazers_and_their_threats.html

Well fuck!!!!! I sorta agree with Johnny boy

 

[graybeard]

You don't think the league can penalize us somehow? I'm asking because I don't know.

I also don't see how another team would be scared at all about htis. I mena how in the world can Portland begin to prove it was malicious?

No, the league can't do a damned thing except to support our side of it. It was their doctor that said that Miles injury was career ending. Don't underestimate how important this is.

 

[Mediocre Man]

No, the league can't do a damned thing except to support our side of it. It was their doctor that said that Miles injury was career ending. Don't underestimate how important this is.

That's a good point. Also a Dr appointed by the players assoc.

 

[Ed O]

No, the league can't do a damned thing except to support our side of it. It was their doctor that said that Miles injury was career ending. Don't underestimate how important this is.

I don't think that that evidence is THAT important.

Clearly both the NBA and the Players' Association contemplated that, occasionally, a player would come back from a "career-ending" injury. That's why the 10 game rule is even there (if poorly defined due to lack of use).

The league also wants to make sure it doesn't get into collusion claims against it, so it might have to take a public stance that varies with the Blazers'.

Ed O.

 

[graybeard]

That's a good point. Also a Dr appointed by the players assoc.

Case closed..

 

[graybeard]

I don't think that that evidence is THAT important.

Clearly both the NBA and the Players' Association contemplated that, occasionally, a player would come back from a "career-ending" injury. That's why the 10 game rule is even there (if poorly defined due to lack of use).

The league also wants to make sure it doesn't get into collusion claims against it, so it might have to take a public stance that varies with the Blazers'.

Ed O.

They can't, Ed. They picked the Doctor, they have to live with the results.

 

[Mediocre Man]

Here is what the NBA says about it

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

 

[alex42083]

Looks like we're already starting to make 'friends' with this...

http://sports.yahoo.com/nba/news;_y...=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.”