Blazers threaten the rest of the NBA [merged]

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alex42083 said:
Looks like we're already starting to make 'friends' with this...

http://sports.yahoo.com/nba/news;_y...=aw-gilbertresponse010909&prov=yhoo&type=lgns
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This is the kind of response I was expecting and eluding to in my prior posts.

These owners don't have Allen money, but they are powerful people who don't take kindly to threats.

Heck I'm not a powerful person and I don't kindly to threats . . . someone with millions of dollars isn't going to be intiminadated by that email.
 
Odd, if you go to NBA.com, you wouldn't even know there was a story... unless you scroll way down.
 
This whole thing has been handled like shit by the Blazers.

First KP releases medical info which is a violation, now the Blazers threaten legal action if somone signs him? That in itself is against the law. You can't take away a man's right to employment, whether he's already being paid or not.


I am really disapointed in the team, and hope this goes away quickly and without futher embarrassment to the team and city.
 
it's_GO_time said:
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.
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Well, that's a vague statute in Oregon law. We don't even know where the case would be filed or who would have jurisdiction over it.
 
Mediocre Man said:
Couldn't agree more with the guy personally.
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Me too, particularly with point 2. I don't know that we were going to be able to do anything with the cap space in the first place this summer. I don't think estranging yourself from the rest of the league is worth the possibility that the threat might dissuade some owners from offering Miles a contract. I think you take it up with Stern, but now you pretty much piss off the league.
 
Mediocre Man said:
Here is what the NBA says about it

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

The contract had been removed from salary cap and tax considerations when the Blazers deemed Miles medically unable to play and released him.
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You know, when I read these kind of inaccurate statements in an article, I automatically discount everything else the author has to say.

The Blazers did not deem Miles medically unable to play, a doctor appointed by the league and agreed to by the NBA players association did.

"An independent medical examiner jointly appointed by the NBA and the NBA Players Association examined Miles and determined that the damage to Miles’ right knee is severe enough to qualify as a career-ending injury. "

God, it wasn't like it was hard to find that information. A quick google search on:

independent doctor darius miles career ending

got a ton of hits. I hate lazy journalism. This issue is complex enough without reporters spewing incorrect information to further confues the issue and bias their readers.

Sorry for the rant, but innaccurate reporting of "facts" by the media is a pet peeve.

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

STOMP
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Miles's contract was for next year also. So if he doesnt play in 2 games this season, but does next season, his salary goes back on our books. 10 games over 2 years, not 1. Someone correct me if I'm wrong.
 
The Sebastian Express said:
Well Gilbert gets offended pretty easily so I don't know if the rest of the league response will be like him. Although I do agree a mass email wasn't probably the best term. The formal tone is also cold so you wont get warm replies in return but it did send a point.
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My guess is that the Blazers got wind of a team that was going to pick up Darius on a ten-day deal, let him hobble up and down the court a minute for two games, and then get rid of him. The best way for the Blazers to protect themselves, in this instance, would be to send the same form email to every team in the league. 25+ owners probably wondered "WTF is this?" when receiving the email, but I imagine there are one or two out there who understand what this mass email is all about.
 
PapaG said:
Well, that's a vague statute in Oregon law. We don't even know where the case would be filed or who would have jurisdiction over it.
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True. I have no idea if that statue applies. My point is if I can find that law in 5 minutes on the internet, what can a team of attorneys find? There are all kinds of attorney fee laws out there on the state and federal level . . . Allen isn't the only one who can afford attorneys.
 
I really think they expected him to get picked up. I don't know if what they're trying to do is going to work for them, but I have to wonder what would be more damaging, the $9 million against the cap, or the bad publicity and effect on other GMs?
 
BeerBoy said:
Miles's contract was for next year also. So if he doesnt play in 2 games this season, but does next season, his salary goes back on our books. 10 games over 2 years, not 1. Someone correct me if I'm wrong.
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It's my understanding that the 10 games have to be in a single season over the two years.

I'm not positive about that, however.
 
BeerBoy said:
Miles's contract was for next year also. So if he doesnt play in 2 games this season, but does next season, his salary goes back on our books. 10 games over 2 years, not 1. Someone correct me if I'm wrong.
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You are right. 10 games over the next 2 years
 
PapaG said:
My guess is that the Blazers got wind of a team that was going to pick up Darius on a ten-day deal, let him hobble up and down the court a minute for two games, and then get rid of him. The best way for the Blazers to protect themselves, in this instance, would be to send the same form email to every team in the league. 25+ owners probably wondered "WTF is this?" when receiving the email, but I imagine there are one or two out there who understand what this mass email is all about.
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A) Unless they're aware of something the rest of the world isn't, this email doesn't protect them.

B) All they've succeeded in doing is pissing the rest of the league off, looking like idiots, alienating themselves, and probably hampering their ability to make deals down the line.


I'm really disturbed by this, especially coming from guys like KP and Co. I'm totally confused by their actions, given their A+ track record at making the organization respectable again.
 
Erroneous Subterfuge said:
A) Unless they're aware of something the rest of the world isn't, this email doesn't protect them.
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It protects them from accusing a specific team of acting in bad faith, i.e. libel or slander, prior to any bad faith being carried out by a specific team.

B) All they've succeeded in doing is pissing the rest of the league off, looking like idiots, alienating themselves, and probably hampering their ability to make deals down the line.
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Based on what? I imagine there was a very specific reason for this email, and the "Eastern executive" who cryptically mentioned a team picking up Darius for two games is likely known to the Blazers. They've likely had this email drafted for some time now. I applaud the Blazers for protecting their franchise and its future.


I'm really disturbed by this, especially coming from guys like KP and Co. I'm totally confused by their actions, given their A+ track record at making the organization respectable again.
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Why are you disturbed by this? If Darius is signed solely to ruin the Blazer cap space, it will be pretty obvious based on the contract he signs and how much he plays. If he walks up the court for a minute in two games and is waived, that is acting in bad faith, and the Blazers should pursue every legal option. It appears that they are laying the groundwork, hence the email. If he signs, plays, and is kept as a productive player, there is no problem with that team, and the email isn't for that situation.
 
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Mediocre Man said:
This whole thing has been handled like shit by the Blazers.

First KP releases medical info which is a violation, now the Blazers threaten legal action if somone signs him? That in itself is against the law. You can't take away a man's right to employment, whether he's already being paid or not.


I am really disapointed in the team, and hope this goes away quickly and without futher embarrassment to the team and city.
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That's complete horseshit, MM. The Blazers handled this situation the only way they could. Do you realize what could happen if the Blazers had continued to practice or play Miles and he blew out out his knee and had to spend the rest of his life in a wheelchair? How would you defend this case in court? A league and union Dr. has stated that his injury was career ending and the blazers went ahead and played him anyhow? The blazers would be responsible for his medical and damages for the rest of his life. We're talking big bucks here. What are the damages for not being able to walk for the rest of your life?

Once the NBA and Union doctor made their determination, the blazers were in fact obligated to do what they did. There wasn't an option.
 
PapaG said:
Why are you disturbed by this? If Darius is signed solely to ruin the Blazer cap space, it will be pretty obvious based on the contract he signs and how much he plays. If he walks up the court for a minute in two games and is waived, that is acting in bad faith, and the Blazers should pursue every legal option. It appears that they are laying the groundwork, hence the email.
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I think this owner stated it well:

“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.”


i would have prefered the jailblazer taken a different route than trying to bully other owners . . . isn't that the type of image we are trying to avoid. To bad we don't have Sheed to threaten the owners in the parking lot as they are walking to their car.
 
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I was extremly angry to here this pile of crap...it is so wrong on many levels (as stated by many other posters). The Blazers have no grounds to sue any team for signing a free agent bases merely on the fact that it would fuck up thier cap space.
When it's all said and done i see even more teams looking more closely at signing him and it's just plain wrong to throw a threat around that can hurt the chance of Miles getting a job.

I wouldn't be surprised if Miles ends up sueing the Blazers for this....and they could end up losing even more than just the 9mil a year for next two....very stupid move.
 
it's_GO_time said:
I think this owner stated it well:

“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.”


i would have prefered the jailblazer taken a different route than trying to bully other owners . . . isn't that the type of image we are trying to avoid.
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I want the image that protects the future of the franchise. PERIOD.
 
Ed O said:
There is not a natural fiduciary duty created by joint ventures... I wonder if NBA teams have contracted this duty. Seems sloppy writing if not.
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This is a tricky area of the law, but this is not a tricky case. Yes, joint venture partners sometimes are bound by fiduciary duties. No, they do not apply in this circumstance. It's pretty clear that a team could stand up and say, "We are going to play Darius Miles for 2 games and then cut him, so that the Blazers will have to pay a tax," and there is not a court in the land who would hear a claim by the Blazers. Not even close.

Miles, on the other hand, may have a suit. If he can ever show that the Blazers were involved in leaking his diet drug thing, then he has laid the groundwork for punitive damages in his suit against them and the league for attempting to deny him his right to pursue employment. It's not a "slam dunk" case, for various reasons, but of the two imaginable lawsuits here - the Blazers for tampering and Miles for violating his right to work - it is really the only one imaginable.
 
it's_GO_time said:
Well because this particular franchise has "portland" attached to it's name . . . I want a franchise I can be proud of. PERIOD.
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What about protecting cap flexibility makes your pride in the team diminish? It's an ugly situation regardless, and I applaud Paul Allen for not bending over and grabbing his ankles without putting up a fight.
 
PapaG said:
It protects them from accusing a specific team of acting in bad faith, i.e. libel or slander.
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So by threatening the entire league, they protect themselves from having to slander a specific team down the line... mmmkay... Somehow, it doesn't seem worth the consiquence. Here's an idea, don't do either...

PapaG said:
Based on what? I imagine there was a very specific reason for this email, and the "Eastern executive" who cryptically mentioned a team picking up Darius for two games is likely known to the Blazers.
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Well I don't like it either, but it appears well within that teams right to do so. Don't hate the player, hate the game, meaning the National Basketball Association.

PapaG said:
Why are you disturbed by this? If Darius is signed solely to ruin the Blazer cap space, it will be pretty obvious based on the contract he signs and how much he plays. If he walks up the court for a minute in two games and is waived, that is acting in bad faith, and the Blazers should pursue every legal option. It appears that they are laying the groundwork, hence the email.
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I think proving that would be pretty difficult, even under the scenario you speak of. And again, at any rate, I don't think the other team would be breaking any rules. Are they?
 
PapaG said:
What about protecting cap flexibility makes your pride in the team diminish? It's an ugly situation regardless, and I applaud Paul Allen for not bending over and grabbing his ankles without putting up a fight.
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But he's going into a gun fight th....hell, a paperclip. This could hurt more than help.
 
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