Effectively, The Blazers Have Now Handed Miles A Potential Lawsuit?

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ABM

Happily Married In Music City, USA!
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According To This Guy they have...

(PS: He's inaccurate, though, about Whitsitt extending Miles, isn't he?)

Portland Trail Blazer management stepped in it publicly threatening to sue any NBA team that hires its former forward, Darius Miles. In doing so, Blazer management practically handed a fat lawsuit to Miles....

....Management unwisely sent out an email to all other teams threatening to sue any team that claims Miles from waivers. Not sure what management was thinking or whether the legal team was consulted. Regardless, they stepped in it big time.

For starters, the email would be Exhibit 1 in a Miles vs. Blazers lawsuit claiming that the Blazers were interfering with his right to enter contracts or that the Blazers had violated the standards of good faith and fair dealing or otherwise breached their own agreements with Miles.........

.......The Miles contract was just one more bad decision made during Bob Whitsitt's era as team GM. That the bad decisions continue to haunt is part of the cost of bad management. Seems to me that management should have swallowed hard and realized that there was a decent chance that other teams would view Miles as a distraction and a problem and not take the risk.

But sending an I-dare-you email like that reflects a level of stupidity not seen since the Whitsitt era. It circled in red the problem for all other teams, it disclosed management's fear, and it handed a lawsuit to Mr. Miles. So who diagrammed that play?
 
Portland Trail Blazer management stepped in it publicly threatening to sue any NBA team that hires its former forward, Darius Miles

Except that isn't what happened, which almost makes this whole article unreadable.

He would def. have a lawsuit if their distorted view (like most of the medias) was reality.
 
I've noticed that every single media outlet has simplified it down to "if you sign Miles we will sue you". That's not what happened. We said "if you sign Miles with the intent to harm the Portland Trail Blazers, we will sue you." Once again the media can't read... or write.
 
I've noticed that every single media outlet has simplified it down to "if you sign Miles we will sue you". That's not what happened. We said "if you sign Miles with the intent to harm the Portland Trail Blazers, we will sue you." Once again the media can't read... or write.

Yeah, and its even less than that. Its if you sign Miles with only the intention of messing w/ Portlands Capspace and not for his services, we will take some form of action against you, which could include litigation.

And of course, as seen by many of the fans that came to our board, they are brainwashed by what the media said and take it as a fact, which hurts Portland much more, which is why it was a bad move.
 
The fact that Miles was able to sign a contract later that same day makes Miles' case against the blazers rather weak.

barfo
 
How would the Blazers know another team's intent?
That's the problem. Unless you have smoking gun evidence (an email, an informant, etc.), it is up to debate. Because of this email, any team that signed Miles knew that the Blazers were going to scrutinize the decision and that you are at risk of being sued by the Blazers. Even if you did not have a malicious intent, the Blazers and their army of lawyers could argue that you did. So... I think that the union/Miles potentially has an argument, even if the threat was limited to teams with a malicious intent. I think the email did reduce Miles' value. Let's say you have two equal players that you are considering as a team. Then this email comes out about player B. You are logically going to prefer player A, all things being equal. So if you were considering Miles before the email (maybe you even thought that Miles was marginally better than another FA option). After this email, a team owner would probably look somewhere else. It is not as if Miles is that good anyway, so I think people trying to split hairs on this are missing the practical effect of this email. Now, since the Grizz picked him up again, the email probably helped Miles. So, as to not create the perception of impropriety, the Grizz are more likely to sign him for the rest of the season to help prove that they did not have a malicious intent but genuinely thought he was helping their team. They may not do this, but they are more likely to, to help build their case that the signing was not malicious.
 
That's the problem. Unless you have smoking gun evidence (an email, an informant, etc.), it is up to debate. Because of this email, any team that signed Miles knew that the Blazers were going to scrutinize the decision and that you are at risk of being sued by the Blazers. Even if you did not have a malicious intent, the Blazers and their army of lawyers could argue that you did. So... I think that the union/Miles potentially has an argument, even if the threat was limited to teams with a malicious intent. I think the email did reduce Miles' value. Let's say you have two equal players that you are considering as a team. Then this email comes out about player B. You are logically going to prefer player A, all things being equal. So if you were considering Miles before the email (maybe you even thought that Miles was marginally better than another FA option). After this email, a team owner would probably look somewhere else. It is not as if Miles is that good anyway, so I think people trying to split hairs on this are missing the practical effect of this email. Now, since the Grizz picked him up again, the email probably helped Miles. So, as to not create the perception of impropriety, the Grizz are more likely to sign him for the rest of the season to help prove that they did not have a malicious intent but genuinely thought he was helping their team. They may not do this, but they are more likely to, to help build their case that the signing was not malicious.

If the Blazers did sue a team, I am sure they would ask for email records to be turned over as evidence.
 
That's the problem. Unless you have smoking gun evidence (an email, an informant, etc.), it is up to debate. Because of this email, any team that signed Miles knew that the Blazers were going to scrutinize the decision and that you are at risk of being sued by the Blazers. Even if you did not have a malicious intent, the Blazers and their army of lawyers could argue that you did. So... I think that the union/Miles potentially has an argument, even if the threat was limited to teams with a malicious intent. I think the email did reduce Miles' value. Let's say you have two equal players that you are considering as a team. Then this email comes out about player B. You are logically going to prefer player A, all things being equal. So if you were considering Miles before the email (maybe you even thought that Miles was marginally better than another FA option). After this email, a team owner would probably look somewhere else. It is not as if Miles is that good anyway, so I think people trying to split hairs on this are missing the practical effect of this email. Now, since the Grizz picked him up again, the email probably helped Miles. So, as to not create the perception of impropriety, the Grizz are more likely to sign him for the rest of the season to help prove that they did not have a malicious intent but genuinely thought he was helping their team. They may not do this, but they are more likely to, to help build their case that the signing was not malicious.


If the Grizz thought he was genuinly helping their team, then why did they release him and not make his contract permanent/season long?
 
Except that isn't what happened, which almost makes this whole article unreadable.

He would def. have a lawsuit if their distorted view (like most of the medias) was reality.

In law what is actually said is not important, what is is what is interpreted from what is said. (<-- Best sentence ever!)

It's very easy to look at that email and come away with the interpretation that the Blazers were trying to keep Miles unemployed. At the least you could effectively argue that the Blazers made it harder for Miles to get employment because teams feared litigation. IMO Portland could not successfully defend that.

People are defending the Blazers because that's what homers do. But anyone with even elementary business sense knows that what the Blazers did was unprofessional at best. Pritchard was obviously against this move and Allen and Miller have made Pritchard's job of making a trade UNMEASURABLY MORE DIFFICULT. I'd bet that Pritchard has already sent out a private apology to every last team in the league

This is the THIRD TIME PAUL ALLEN HAS SCREWED THIS TEAM WITH MILES!!! Paulie, you have one of the best GM's in the NBA. Stop screwing with this team and let Pritchard do his job.

If Miles wants to sue he can. I think it would either be settled out of court or Miles would win.
 
According To This Guy they have...

(PS: He's inaccurate, though, about Whitsitt extending Miles, isn't he?)

The article is garbage. Starts out with a FALSE statement and a misquote.

What do you expect after that? Briliant deduction? Or, maybe more horseshit?
 
How would the Blazers know another team's intent?

Lawsuits prove intent every day - evidence would include their actions, depositions, internal emails, statements made, etc. It's not that hard to do really.
 
In If Miles wants to sue he can. I think it would either be settled out of court or Miles would win.

Most anybody can sue for many different reasons.

Of course Miles can sue.

Facts on the real world have significantly reduced any grounds that said e-mail prevented Miles from obtaining NBA work as Miles was immediately offerered a new contract. What is he going to sue for? What are his damages?

It has been a while since we have seen so much horseshit, and so many false statements and misquotes and baloney extrapolations as the Miles situation.
 
Miles and his agent already threatened to sue the Blazers over the release of medical info. Also there may be more going on here... perhaps agents are pissed the Blazers medically retired Miles... it didn't happen with Livingston did it? (And his leg pretty much separated at the knee) They let him finish out his contract didn't they? (though it was rookie) I bet they could have medically retired him. Maybe agents don't appreciate teams medically retiring players because of the stigma it puts on them if they do try to make a comeback.
 
Most anybody can sue for many different reasons.

Of course Miles can sue.

The question was asked and I answered it. Sorry to offend you by doing so.

Facts on the real world have significantly reduced any grounds that said e-mail prevented Miles from obtaining NBA work as Miles was immediately offerered a new contract. What is he going to sue for? What are his damages?

That Miles signed with Memphis is legally irrelevant to the Blazers and actually helps Miles case. He can say he might have received better offers from other teams. And he can point to how quickly he was signed and use that as evidence of his ability to get offers from other teams. Then he can point to the Blazers email and say it shows the Blazers were aware that Miles was being discussed my MULTIPLE TEAMS. The Blazers won't be able to disprove that or defend it.

The email exposed the Blazers. The only outcome that email could have is to upset colleagues and put the Blazers on the defensive. Sending the email had no potential for any positives whatsoever. It was a business blunder you'd expect to see by W Bush, not by an NBA GM. In fact it's such an obvious blunder it was either Paul Allen himself that made the decision or the team is setting up Larry Miller to be ousted from the team. The email was incompetent, simple as a cheese sandwich.

It has been a while since we have seen so much horseshit, and so many false statements and misquotes and baloney extrapolations as the Miles situation.

Not really, you're just being hyperbolic.
 
Miles and his agent already threatened to sue the Blazers over the release of medical info. Also there may be more going on here... perhaps agents are pissed the Blazers medically retired Miles... it didn't happen with Livingston did it? (And his leg pretty much separated at the knee) They let him finish out his contract didn't they? (though it was rookie) I bet they could have medically retired him. Maybe agents don't appreciate teams medically retiring players because of the stigma it puts on them if they do try to make a comeback.

Link?
 
I wonder how this is going to affect the way that other teams deal with the Blazers when discussing potential deals. This can't be good.
 
I wonder how this is going to affect the way that other teams deal with the Blazers when discussing potential deals. This can't be good.

I doubt any other team, in a similar situation, wouldn't have a similar type response. I doubt this makes a difference to anyone, and to those who use it as a reason why they won't work with KP (or the Blazers organization) they just needed a reason to not trade with KP, so they don't end up getting absolutely Pritchslapped by Kevin.
 
The question was asked and I answered it. Sorry to offend you by doing so.
What the fuck are you talking about?

That Miles signed with Memphis is legally irrelevant to the Blazers and actually helps Miles case. He can say he might have received better offers from other teams. And he can point to how quickly he was signed and use that as evidence of his ability to get offers from other teams. Then he can point to the Blazers email and say it shows the Blazers were aware that Miles was being discussed my MULTIPLE TEAMS. The Blazers won't be able to disprove that or defend it.
Huh. Interesting point.

Too bad it is so completely wrong.

Miles being hired by the Grizz does eviserate any claim Miles may have had in regards to this "smoking e-mail" that has got so much media attention - most of the media having got it wrong, and convincing too many people that it said something it never did.

Your contention that any Miles case using the e-mail is improved after being hired by the Griz means what? That you don't know anything about this subject? Not sure.

The email exposed the Blazers. The only outcome that email could have is to upset colleagues and put the Blazers on the defensive. Sending the email had no potential for any positives whatsoever. It was a business blunder you'd expect to see by W Bush, not by an NBA GM. In fact it's such an obvious blunder it was either Paul Allen himself that made the decision or the team is setting up Larry Miller to be ousted from the team. The email was incompetent, simple as a cheese sandwich.
Another interesting point. I don't agree. Neither do the Blazers. I agree it has turned into a PR blunder, but that is as much to do with how the media deals so often covers stories like this. As happens again and again, the media end up looking just as bad as any of the other actors.
 
How would the Blazers know another team's intent?

Bingo...Portland is trippin. IDK WTF they were thinking with that email.

Since its virtually impossible to argue a yes or no answer on how to run a team and personnel decisions to make POR has no leg to stand on. Im sorry but there will be no email found of MEM management that says "I want to screw over POR by signing Miles"....isnt gonna happen. It is also highly cynical to think that their management would sign Miles because they were pissed about some trade with you guys that never happened...I think they couldnt care less about the situation of the Blazers.

With that in mind the "with the intent of hurting POR" part of the email moot. There is no way to prove it so any lawsuit would be frivolous. So it boils down to "If you sign Miles we will sue"
 
"If you sign Miles we will sue"

Umm... if they know they cannot prove that Memphis had another intention in mind when signing Miles, I HIGHLY doubt they will sue. And they probably can't find the intent, so they will probably not sue.

I think its pretty much that simple. In no way is it "If you sign Miles we will sue".

And I highly doubt Miles has a case against PDX because he got a job later that day, and the Blazers weren't threatening about signing him w/ good intentions.
 
Umm... if they know they cannot prove that Memphis had another intention in mind when signing Miles, I HIGHLY doubt they will sue. And they probably can't find the intent, so they will probably not sue.

I think its pretty much that simple. In no way is it "If you sign Miles we will sue".

And I highly doubt Miles has a case against PDX because he got a job later that day, and the Blazers weren't threatening about signing him w/ good intentions.

While I agree that wont happen, that was their threat when you analyze their position and "evidence" they may have
 
While I agree that wont happen, that was their threat when you analyze their position and "evidence" they may have

You can't just take probably the most important words of that whole email out, though.

And they said we will take actions, which could include... litigation.

So it certainly isn't how you are making it out. Seriously, read the email (in a non-mean way)... its honestly different than a lot of people are portraying it to be.

PS - I'm with you that it was a stupid, stupid move... I just don't think what they said was wrong, really.
 
Julius... I don't have a link because it happen quite ahile ago when Pritchard said something in public about Miles' injury. The agent then had a fit because he thought it interferred with his chances to come back.
 
Julius... I don't have a link because it happen quite ahile ago when Pritchard said something in public about Miles' injury. The agent then had a fit because he thought it interferred with his chances to come back.

Yep, you are correct. Eventually they found out they could not because it wasn't against any rule/law.
 
Julius... I don't have a link because it happen quite ahile ago when Pritchard said something in public about Miles' injury. The agent then had a fit because he thought it interferred with his chances to come back.

So if it was wrong, or illegal, something would be online somewhere.

Otherwise, it's just conjecture by a fan.
 
If the Grizz thought he was genuinly helping their team, then why did they release him and not make his contract permanent/season long?

Why do teams EVER sign players to 10 day contracts, by that logic.

Further, the Grizzlies were able to make money by dealing with the Heat because they had cleared up a roster spot by waiving Miles.

Ed O.
 
In law what is actually said is not important, what is is what is interpreted from what is said. (<-- Best sentence ever!)

That's not true.

Plain language (what is actually said) is not always controlling, but in many cases it is. It depends on the kind of law that is being dealt with in terms of what other aspects are considered, but "interpretation" is not one that I am aware of (except perhaps in contract law, where a meeting of the minds is critical).

With that being said: it's certainly possible that the Blazers' email had a chilling effect on Miles's employment opportunities. I think that Darius would have trouble showing damages, though.

Ed O.
 
So if it was wrong, or illegal, something would be online somewhere.

Otherwise, it's just conjecture by a fan.

No, it was Mile's agent pounding his chest and acting tough. I remember the interview, and it sparked a lot of discussion back on BBF.

Just because the law suit never got filed doesn't mean the poster is making the story up. The interview happened.
 
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