League Office Should Take the Fall

by david1978pdx on Jan 13, 2009 8:26 PM PST

Here we go with another Darius post...

I believe the Blazers will get their cap space back, or some type of equitable remedy out of this whole situation. Why? It's the league's fault.

It was the league that appointed the doctor that claimed Darius Miles would not be able to play again.
It was the league (and the NBAPA) that set forth the criteria for medically retiring a player.
Portland followed the procedures to the letter; everything was done by the book.

There is an appeals process by which the Blazers can petition the league to remove any future years of a player's salary from their cap number for a situation just like this. (i.e. the jealous GM screwing the Blazers, or the player somehow being touched by Jesus and healing him of his ailments.)

How can the Blazers be at fault for following the rules? The guy hadn't played in over two years! Multiple doctors said he was done! The Blazers were in a no-win situation and the league needs compensate the Blazers for it.

EDIT: Also, did it ever occur to anyone out there that Tom Penn is a LAWYER?

Thoughts?

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Gotta think the players assoc.and agents

Would like to see the cap $’s come off the books.

by southern oregon on Jan 13, 2009 8:31 PM PST reply actions

Are you saying there IS a way to appeal

or asking IF there is? If there is, can you point the way to that information for us?

Brandon Roy is the Shawn Kemp of monogamy
-BE poster whose name I can't remember

by TheTinfoil on Jan 13, 2009 8:35 PM PST reply actions

According to Ben

From what I understand, there is an appeals process. I believe Ben wrote about this at one point. ??

Ben, if you are reading this, please enlighten us.

by david1978pdx on Jan 13, 2009 8:40 PM PST up reply actions

there is..

ARTICLE XXXII: SYSTEM ARBITRATION

i can’t figure out how to read through this thing to figure out where the blazers situation fits but there is clearly a arbitration and appeals process laid out..

by idoltime on Jan 13, 2009 8:50 PM PST reply actions

And Larry Coon hasn't addressed the appeals process in his Salary Cap FAQ

so I think that we will remain in the dark about how the whole process works.

by tingeyga on Jan 13, 2009 9:49 PM PST up reply actions

I think the Blazers are playing this all just right

What more can they do? and here’s a question, if you could go back in time to two years ago what would you tell them to do differently?

by Blazersaurus on Jan 13, 2009 8:57 PM PST reply actions

wait

2 years or last april?

Life is exhausting when you are this stupid.

by jonestr on Jan 13, 2009 9:51 PM PST up reply actions

You are forgetting about the 10 game rule.

Doctors make mistakes. The ten game rule exists in case a doctor overreacts and medically retires a player unnecessarily. In this case the league rules worked perfectly.

Darius was retired erroneously. When he plays ten games the cap space Portland never should have received will be put back on their books. Sounds like the league did a perfect job. Darius get’s to keep playing basketball and Portland doesn’t get an unfair advantage. I don’t see the problem.

by Nick Van Excellent on Jan 13, 2009 8:59 PM PST reply actions

Blazers lose a bargaining asset or a contributing player

Basically the way the rule is written hurts only the team that follows the diagnosis of 2 doctors and the bylaws set forth by the NBA. There’s the problem.

I don’t mind Miles’ contract going back on the books, but now the Blazers are left with an empty jersey worth 18 million dollars.

BINGO, BANGO, BONGO

by blzrfan on Jan 13, 2009 9:16 PM PST up reply actions

Exactly

Play by the rules and get screwed anyways. The rule is the injustice and the Blazers look to be doing all the right things to protect themselves.

by david1978pdx on Jan 13, 2009 9:18 PM PST up reply actions

Oh, but you only help me prove my point

The Blazers would not have waived Darius had the league appointed doctor not said his injury was career-ending. Thus, that absolves the Blazers of any actual fault and they should be able to preserve their cap space.

by david1978pdx on Jan 13, 2009 9:16 PM PST up reply actions

From what I remember

the 10 game rule was to keep a player from coming back with the initial team and giving them salary cap relief and the player back. Supposedly it was not meant to punish teams for an independent doctors mistake.

Life is exhausting when you are this stupid.

by jonestr on Jan 13, 2009 9:53 PM PST up reply actions

True

The 10-game rule was to close a loophole in the CBA.

The Blazers case keeps looking stronger.

by david1978pdx on Jan 13, 2009 9:55 PM PST up reply actions

hopefully

it seems weird that this contract is so locked up through no fault of the blazers. We cant trade it and dont have a player that is doing anything for us for the money. All we can do is let it expire in 2010. That just seems weird and unfair.

Life is exhausting when you are this stupid.

by jonestr on Jan 13, 2009 9:57 PM PST up reply actions

Here's a thought...

Put the Darius Miles contract back on Portland’s books, and make it tradeable – with no actual Darius Miles associated. It can be included in trades just like, say Keith Van Horn or Aaron McKie – who clearly were never going to play. Of course, someone has to be waived to make room on the roster – but that would seem to remedy the situation. And certainly you are correct that 2010 cap space is a valuable trade asset in and of itself.

In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd

by Steve Perrin on Jan 13, 2009 11:09 PM PST up reply actions

In essence, you suggest that the Trail Blazers should get a $9,000,000 trade exception.

by AK1984 on Jan 14, 2009 12:17 AM PST up reply actions

It's one way to go...

I don’t think that’s what will happen. I think the league will say it’s done, it all worked the way it was supposed to… see Dave’s post from one hour ago. What he said.

One caveat though… if we’re simply trying to unwind the damage, it wouldn’t be a straight trade exception. In the interim, Portland has benefited from the roster spot. If they are to get something that they can trade in an attempt to unwind the med retirement, it should cost them a roster spot.

And then the NBAPA can file a grievance on behalf of Shavlick Randolph.

In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd

by Steve Perrin on Jan 14, 2009 1:21 AM PST up reply actions 1 recs

because

had he NOT been retired erroneously, Portland would not have waived him, and instead be able to either:
A) Play him
B) Trade him (attractive contract expiring in the big summer 2010)
C) Buy him out.

But since he was erroneously retired, we now have NONE of these options.

If the contract goes back on the books, shouldn’t we also get the player back? At least then we would have options A, B, and C available to us. But as it is, we suffer the cap hit without any benefits. Asked another way, if the league doctor DIDN’T medically retire him, don’t you think he’d still be sitting at the end of our bench in street clothes? of course he would.

Rule #1 of nitpicking is to get it right.

by douglast on Jan 13, 2009 10:58 PM PST up reply actions

Yeah

but WE had him erroneously retired.

The truth about Darius

1. Darius injures his knee.
2. Darius is accused of faking his injury.
3 Darius undergoes microfracture surgery.
3. Darius rehabs for over a year.
4. Darius begins to practice with the team.
5. The Blazers have Darius sent to a league doctor in hopes of having Darius medically retired.
6. The independent Doctor determines that Darius has a career ending injury.
7. Darius disagrees.
9. The Boson Celtic’s medical staff disagrees.
10. The Memphis Grizzlies disagree.
11. Every basketball pundit in the world disagrees.
12 The Blazers try to claim Darius off waivers in an attempt to manipulate the salary cap rules.
13. The Blazers warn every team in the league not to try and manipulate the salary cap rules.
14. Darius is signed by the Memphis Grizzlies and scores 13 points in 12 minutes against the best defensive team in the league.
15. Blazer fans across the country become delusional and start to lose their minds.

by Nick Van Excellent on Jan 13, 2009 11:24 PM PST up reply actions

but 5 and 6 is the key part

We followed the rules the league outlined. the doctor that the league and the union collectively appointed agreed he was damaged goods. IT WAS THEIR ERROR THAT IS NOW HURTING US.

had they not appointed the doctor that made an error, we would not have waived Miles, and thus we would have the ability to play him, trade him, buy him out, or let his contract expire in 2010.

THE ERROR BY THE LEAGUE AND UNION DOCTOR has put us at a disadvantage which would not have occurred had we not made the error.

No one disputes that this isn’t what we were secretly hoping for – of course it was. But that is immaterial, just like proving Memphis’ intent is.

Rule #1 of nitpicking is to get it right.

by douglast on Jan 13, 2009 11:37 PM PST up reply actions

typo

got to start editing my posts….darn lack of edit button:

THE ERROR BY THE LEAGUE AND UNION DOCTOR has put us at a disadvantage which would not have occurred had THEY not made the error.

Rule #1 of nitpicking is to get it right.

by douglast on Jan 13, 2009 11:43 PM PST up reply actions

Not sure about 7

It’s actually one of the questions I’ve been looking for a definitive answer on. Did Darius actually disagree with the medical retirement at the time it occurred?

One of the many, many timelines said that Darius had to sign off on the medical retirement. Can anyone confirm or deny this?

I’m still dubious about the Blazer chances in arbitration, but if it can be shown that not only the doctors, but also Darius agreed that his career is over, it will help the Blazer case.

by grigs on Jan 13, 2009 11:38 PM PST up reply actions

He disagreed.

He said he would continue to try and play basketball. He hired an agent to find him a team. I think he just signed off that he understood what the doctor was telling him about his knee.

by Nick Van Excellent on Jan 13, 2009 11:40 PM PST up reply actions

Read please...

(this was posted on a thread on clippersnation)

there is just a tornado of issues for the NBA
Enough that it’s conceivable for Stern to shake his head and keep Darius off the cap.

First, it is written nowhere in the CBA that the preseason games count toward the ten game requirement. Nowhere. The Blazers have a strong legal case here.

The NBAPA will want the salary off the Blazers books. More cap room, more money for the players.

Here is the absolute granddaddy of them all. To quote jscot from Blazersedge:

It also makes the league liable for an iron-clad claim by Darius. He could have been paid for the rest of the season, and they blocked it. If he doesn’t get a [guaranteed] contract, see you in court.
Darius could say that he had a season long contract waiting that the league denied. If he gets cut from Memphis, he has a legal leg to stand on against the NBA.

With all these issues, I suppose Stern could refuse to listen. It would be easier to just change the rule… wouldn’t it?

by Cablinasian

by SamGoody on Jan 14, 2009 12:27 AM PST up reply actions

If the preseaon games stand

then why did they also not count towards his drug suspension? Seems somewhat contradictory.

Life is exhausting when you are this stupid.

by jonestr on Jan 14, 2009 10:11 AM PST up reply actions

Pre season exhibition games should not count. That’s just B.S. Who gives a crap about the pre season!!!

by GoBlaze22 on Jan 14, 2009 3:01 AM PST up reply actions

The 10-game rule is to determine whether a player is healthy enough to play NBA basketball. Preseason has a high enough intensity level to satisfy that demand

My HDTV is a torrented game that I can watch lag-free :(

Let LaMarcus keep the headband!

by inroywetrust on Jan 14, 2009 9:58 AM PST up reply actions

What I hope happens, an exception is created for Miles salary

We can sign another player and his salary does not count against our ability to sign another player but we are on the hook for his salary counting as going over the cap for luxury tax purposes. Portland can still sign said player but will be in the luxury tax penalty. It would be our choice to incur said penalty.

by FlyinSouth on Jan 13, 2009 9:01 PM PST reply actions

Bingo

That sounds like a good middle-ground to me. Pay the luxury taxes on Miles’s salary but get a free salary cap exception for the amount of Darius’s salary for the purposes of signing a free agent.

by david1978pdx on Jan 13, 2009 9:23 PM PST up reply actions

Or....Paul Allen buys the memphis arena, and makes it open air.

I would settle for either option.

by tmundal on Jan 13, 2009 9:32 PM PST up reply actions

That solution is far too reasonable

there is no way that it will happen.

by tingeyga on Jan 13, 2009 9:51 PM PST up reply actions

Which one?

by southern oregon on Jan 13, 2009 9:52 PM PST up reply actions

I believe you can't combine an exception with cap space

So this would not be quite perfect.

by pualo on Jan 13, 2009 10:27 PM PST up reply actions

Yes you can

Ever heard of a mid-level exception?

by david1978pdx on Jan 13, 2009 11:01 PM PST up reply actions

which cannot be combined with cap space

you only get the MLE if you are over the cap.

Rule #1 of nitpicking is to get it right.

by douglast on Jan 13, 2009 11:20 PM PST up reply actions

And also can't be combined with other exceptions

by pualo on Jan 14, 2009 12:18 PM PST up reply actions

Also, did it occur to anyone...

That Tom Penn is a LAWYER !?!?

In KP We Trust

by david1978pdx on Jan 13, 2009 9:30 PM PST reply actions

im thinking in the future

the NBA will have to review these decisions and rules, in fact im guessing the player will have to sign documents stating they are aware of the procedure.

by Yawnie on Jan 13, 2009 10:09 PM PST reply actions