Blazer's Edge: An SB Nation Community

Navigation: Jump to content areas:



Sports blogs for fans, by fans.
Around SBN: The USA TODAY/Bloody Elbow Top 50 MMA Fights Ever, I


spread the word

Darius Miles Situation Explodes

 

Ohhhh...here we go.

As has been reported (and commented on near 1000 times, no exaggeration) in the sidebar an unnamed NBA team official has leaked a letter e-mailed to all NBA teams from the Portland Trail Blazers' Team President Larry Miller.  Sports Illustrated had the story and now ESPN has picked it up.  This is going to be all over the universe by morning.

For those who are curious, here is the full text of the letter as reported by ESPN:

"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."

First of all I have to admit to you that when I read this--in fact when I read all Darius-related stories at this point--I just keep hearing the lilting strains of Chacarron Macarron go through my head as if the teachers from the Charlie Brown cartoons were speaking.  Literally, I'm reading this stuff and that's what I'm processing.  I'm not sure this was the effect that Mr. Miller was going for, so I apologize in advance.

Several questions have already come up in the discussion and via e-mail, so let's take our best stab at answers.

What the heck are the Blazers trying to accomplish?

I'm no team president, but I did stay at a Holiday Inn last night.  I am guessing that this is a turf-defending measure, no more and no less.  This doesn't strike me as a letter that's keying on effective prevention.  The bluster is unmistakable, made more stark by the exclusive nature of the intended recipients.  It's like standing up in church with a megaphone.  Making the point is the goal, not necessarily winning people over.  This feels like a letter from someone who knows the battle is lost and is trying to make contingency plans to recover or fight on another field.  It reminds me of the video tapes that the Dunleavy-era Blazers sent to the league regarding the referees' favoritism towards Shaquille O'Neal.  They weren't necessarily going to get things changed but they were going to be loud about what was going on.

A couple of people have suggested that the Blazers are laying the groundwork for a "bad faith" argument.

HurraKane212 says:

Law Student here...  At one of my property lectures an intellectual property attorney introduced me to the concept of worst-case-scenario time travel. Imagine that someone has infringed upon your clients patent and you've not taken measures to protect him and you are in front of a jury. If you could go back in time, what would you have done differently so that you could tell it to the jury? Figure out what that is and do it now, beforehand.

The Blazers are setting up a "bad faith" argument. They are laying the foundation for a formal complaint. If this deters suitors for Miles, all the better. Also, since Miles was ruled unfit to play by an impartial doctor and he is still getting his money, it would be hard for him to push a case against PDX because the detriment to PDX would be unconscionable. He gets his 9mil, and Blazers are both penalized and unable to use his services when neither had reached any sort of buy-out agreement.

Darius will probably play, and PDX will probably appeal, and may use media articles to demonstrate that GM's knew of the detriment to PDX and played Darius Miles in bad faith to hurt PDX's capspace. That whole fiduciary duty thing holds quite a bit of weight, holds you to a higher standard of ethics. If it even smells like bad faith in a fiduciary relationship, it probably won't go well for the "bad-faith-er" (not a legal term, but it's more simple than "tortfeasor")

This will probably not be over for a while...

Mortimer offers a slightly different take:

This frightens off anyone who might have the bright idea of signing Miles to muck with the Blazers, or to make a few extra hundred thousand from the luxury tax payment they'd get from Portland being in luxury tax land. Do you, struggling owner of the Grizzlies, want to battle with PA's billions? Heck nah, phoo!

This is a strong arm tactic that makes sense from the Blazers perspective...The Blazers were obviously at least a little worried that another team would try to mess with us, so they made clear they wouldn't sit back and let it happen easily...

This is a weird situation with no precedent. I don't blame the Blazers for being aggressive, and you can probably assume our aggressiveness will pay off for us. The aggressive team gets the calls, after all.

Whether it's aggression, legal preparation, or just a need to shed a glaring light on the situation it's clear that the Blazers are not going to let this go quietly.

Does this mean that Miles was a bigger issue than we thought?

I don't believe this indicates that Miles or his contract are any more or less important than they ever were.  Rather the Blazers find it necessary and responsible to defend their assets, or at least potential assets, no matter what those assets may be.  If the league was monkeying with one of their prospective second-round picks we'd probably see the same kind of reaction.  That doesn't necessarily mean the pick was critical to their plans.  It's just not smart to let anything be taken from you in a way you perceive is unfair.

In the sidebar I compared this to a poker player defending his big blind.  He ups the bet because he doesn't want people screwing with him.  This doesn't mean that this particular hand is critical to the tournament.  Even if he loses the pot he'll be just fine.  The statement he's making to the table is the important thing.

This is wholly unprecedented!  Is it a good idea?

First of all, we don't know that this is wholly unprecedented.  All we know is that having it leaked is wholly unprecedented.  There's an old saying in the medical profession that doctors talk to doctors.  The fraternity of high-ranking NBA officials has always been the same way.  We've always wanted to be a fly on the wall when they talk to each other.  One of the fascinating things about this is that this is our chance. 

If I had to guess I'd say that this was a rare, perhaps unique occurrence.  Certainly this particular subject matter has never been broached before.  But maybe all that's unique besides that is that we got a chance to peer inside their world.

As to whether it's a good idea...that would depend wholly on your knowledge of the fraternity and what you were trying to accomplish with them.  Having none, I don't think we can say definitively.  Somebody at Blazers HQ thought it was a good idea.  Then again this crew, for all of their brilliance, is also inexperienced compared to the old guard.  Our only recourse is to hope that this is a move of calculation and not just protest, of reason and not just heat.  Failing that, we have to hope that the fallout, whatever that may be, will be minor.  I think that's highly likely.

We do know one thing.  During the Stern era the League Office has been as concerned with matters of decorum and efficiency as much as fairness or justice.  Whatever your perception of fairness in the Darius fracas, nothing hinted at in this letter is efficient or decorous.  If they hope to win points with the League Administration here they are going the wrong way.

What will the fallout be?

The most immediate concerns that I can see revolve around Darius' legal team or, failing that, at least around the public perception of the effect this will have on Darius' employment opportunities.  The ESPN article cited above is headlined, "Blazers Try to Blackball Miles".  This is not the effect that the team was looking for, I'm sure.  As soon as those insinuations are made you start getting unions and lawyers involved and then even people sympathetic to your situation start protecting themselves.  This is the one way the Blazers could come out wrong in this:  incurring penalties beyond just the reinstatement of Miles on the cap.  The exact wording of the letter makes that unlikely as far as I can see, as it's not untoward for the Blazers to protect their rights and financial prerogatives even if such protection involves a former employee.  They are specifically talking about teams and not about Darius himself.  However specific wording tends to get lost in the dramatic rush.  Therein lies the danger on that front.

[Edit:  Because I've seen the accusation a couple places already, let me expand on this.  This letter is definitely not collusion.  Collusion requires willful participation from two or more parties.  In order to prove that you'd have to prove teams did not sign Darius specifically because of this letter (if even that would do it).  Clearly that's impossible.  There are 100 reasons for not signing Darius besides this.  Some burden of proof will almost certainly be on Darius' legal team to prove that this, and not something else, caused him to not be signed should they pursue legal action on his behalf.  That's going to be a tough sell, especially since the letter specified the specific circumstances under which the Blazers would pursue litigation...circumstances which were related to team motives and not to Darius himself.  On the other hand the Blazers would have a hard time proving motive for a signing, should it occur.  In any case it's hard to imagine penalties for this going beyond the mere financial, even were an accusation proven on either side.]

It's near certain that other teams and other teams' fans will view the Blazer hierarchy with a skeptical eye.  There's been a fair amount of Paul Allen money resentment over the years...enough that it's leaked through the media screen.  It's not likely that a financial argument is going to elicit much sympathy.  Unless this was leaked purposely, in concert with the Blazers' desire to make sure everybody knows what's going on, the fact that it was leaked shows some affront already.  Nevertheless teams have a way of forgetting past slights when they want something from you and the Blazers have a fair amount of assets that other teams want.  The most likely fallout will be other teams' fans having something else to rag on the Blazers about.  No real harm there.

The most interesting part of the drama will be seeing how this is negotiated from here.  What else will be said?  Will the Blazer brass respond today?  There are bound to be six different stories coming from different sources with takes on the whole deal.

Beyond that immediate interest this story will either fade into the background after Darius plays those two games (quicker if he doesn't) or will dribble into a series of litigations which will almost certainly take longer than next summer's critical period to conclude.  I don't foresee the Blazers having to exceed the already-prescribed cap penalty in this case but I don't see them circumventing that penalty either, especially not through these means.

Stay tuned.

--Dave (blazersub@yahoo.com)

BallHype: hype it up!

1 recs | Comment 600 comments | Share on Facebook Digg!

Story-email Email Printer Print

Comments

Display:

Well at least they are trying to do something. It may not be good for the Blazers but the league doesn't care

about how well Portland does. If anything, they don’t want all the stars going to Portland. They need it to be spread to different markets. Portland is not going to get any favors done. Glad the management is going after teams.

by BRoyInThe4th on Jan 9, 2009 3:00 AM PST reply reply actions actions   0 recs

Holy!!!

what’s gonna happen??

i personally believe that Darius has no legal standing as far as the “He could sue” rumors go. A league appointed doctor made that call.

I just hope this doesn’t keep us from paying attention to the important season at hand.

http://www.youtube.com/watch?v=fj8DgWnbVng&feature=bz303
MVP *** MVP *** MVP
I've never scored more than 38 ..... not even in Little League.

by Portland89 on Jan 9, 2009 3:07 AM PST reply reply actions actions   0 recs

destroy portland, omg

December 18, 2008.

"Roy is Roy, and if I were to bet my life on a game of 5-on-5, I’d bet on whichever team Roy was playing on." by HurraKane212

by maid tu rek on Jan 9, 2009 3:37 AM PST to parent up reply reply actions actions   0 recs

Norsktroll and jscot ....

… schooling the NBA blogsphere.

Another reason why among blogs BE is king of the jungle. Elephant big, cheetah quick, rhino tough and hippo dangerous (when we get messed with).

hakkaa päälle !

by timg56 on Jan 9, 2009 7:28 AM PST to parent up reply reply actions actions   0 recs

welcome to the jungle

Welcome to the jungle
We got fun ‘n’ games
We got everything you want
Honey we know the names
We are the people that can blog
More than you know
If you got the knowledge baby
BE is where to go

In the jungle
Welcome to the jungle
Watch it bring you to your shun n,n,n,n,,n,n,,n,n,n,,n,n,,n knees, knees
I wanna see you blog

- Elgin

If you smile at me I will understand, because that is something everybody everywhere does in the same language. - Crosby/Stills/Kantner

by 22baylor on Jan 9, 2009 10:03 AM PST to parent up reply reply actions actions   1 recs

Probably don't matter I say this

But love the line.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 10:05 AM PST to parent up reply reply actions actions   0 recs

As far as I can see, this is a fallout from the story broken by Yahoo's Wojnarowski about the pre-season games

The e-mail doesn’t threaten the other teams "don’t sign Miles". That would be an indefensible position against the lawyer of Darius and the NBPA. It says "don’t sign Miles with just the purpose of screwing our tax/cap position – or we as a fellow franchise will sue you for damages". I.e. prevent other teams from giving him a ten day contract to just play him for two minutes in two games with the intent of making some luxury tax money (ca. $250K) and prevent the Blazers from being a bigger player in the 2009 free agency. The Blazers couldn’t do much against a team offering him a one-year contract to regularly play him anyway, except file a complaint to review the CBA section pertaining to this “comeback from medical retirement” situation.

by Norsktroll on Jan 9, 2009 3:11 AM PST reply reply actions actions   0 recs

I wonder what would happen if Kevin Pritchard went to a team and told them to sign Miles to a 2 year contract and never play him.

Then Portland would set up a trade to get rid of Raefs expiring contract and send them a player they want from Porltand, like Sergio or Frye.

by BRoyInThe4th on Jan 9, 2009 3:16 AM PST reply reply actions actions   0 recs

it would take more then sergio or fry for that

December 18, 2008.

"Roy is Roy, and if I were to bet my life on a game of 5-on-5, I’d bet on whichever team Roy was playing on." by HurraKane212

by maid tu rek on Jan 9, 2009 3:45 AM PST to parent up reply reply actions actions   0 recs

One thing is for sure....

I would never play Hold ‘em with either KP or Miller, even if it’s just for beer money…. This email seems to be the equivalent of re-raising while holding eight deuce off suit.

"When the power of love overcomes the love of power, the world will know peace." Jimi Hendrix

by philly420pdxhilo on Jan 9, 2009 3:25 AM PST reply reply actions actions   0 recs

I'm just worried that this is the Blazers front office expressing desperation.

Like if Miles does get his two games in and this destroys the Blazers off-season plans. Why else would they send that e-mail? to show that they aren’t soft? i don’t think so… guess we just have to wait and see what happens…

"I saw him in the face"

by RoodiePhirnandizz on Jan 9, 2009 3:38 AM PST reply reply actions actions   0 recs

Unless the big master plan was to bring Kobe to Portland it wouldn’t destroy the off-season, but it would limit his options. And KP likes having options.

by Norsktroll on Jan 9, 2009 3:47 AM PST to parent up reply reply actions actions   0 recs

IMHO opinion this "threat" seems solely pointed at the LEAGUE...not the franchises

We all know ( including the Blazers) a franchise will soon in fact sign Darius to a 10 day contract ( no one should prevent him from trying to join the league again ). The near future 10 day contract is simply a FACT ( or should be if he is actually capable of helping a franchise.

It seems as though this " Blazer threat" was clearly laid at the League’s feet. With the sole point being….correct this rule to be as it was intended to be…because….

A franchise ( Blazers) followed every league rule in it’s handling of Darius, and by League rules he was ruled incapable of performing his job as the league intends it to be ( including not KNOWINGLY jeopardizing his future health).

Two years later Darius plays for OTHER teams to resurrect his career.

The league rule is flawed because…

1. If a player SIGNS a retirement agreement, and the LEAGUE accepts it, then the league should "insert dialog in this retirement agreement to protect the NBA franchise from falling victim to future damages, such as this type of scenario.

2. It’s fairly clear that the “intent of the retirement agreement” is to protect the LEAGUE FRANCHISES from a single franchise taking advantage "of retiring a player with the intent of resigning him for less money,while increasing that franchises OWN cap space.

3. The Blazers had OTHER options if not for this retirement rule..such as..
   
      A. “buy out for less money”

    B. a “two for one trade”.. trade to a willing franchise…i.e…

Other Franchise gets> a very promising rookie " low salary" plus Darius " with the hope thst Darius may someday help them as well"
 
Blazers get a proven, but aging veteran, that matches salaries.

In other words…..The league should NOT harm a franchise from following the LEAGUE’s intent of the rule. Especially with better options available to them with NO FUTURE RISK.

The LEAGUE rule is flawed and needs to be rewritten, to protect ALL franchises and ALL players as it was intended to do!

by roy2rudy on Jan 9, 2009 4:17 AM PST reply reply actions actions   0 recs

I've made a similar point

as part of my long post just under this one. It is aimed at franchises, but ultimately the league, to ensure that their joint venture partners (the Blazers) are not harmed.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 4:35 AM PST to parent up reply reply actions actions   0 recs

Fully agreed about the franchise thing

I posted something similar under the ESPN article. It’s not in the long-term business interest of the NBA if one franchisee screws another one, only creating bad blood.

by Norsktroll on Jan 9, 2009 4:37 AM PST to parent up reply reply actions actions   0 recs

Precisely

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:11 AM PST to parent up reply reply actions actions   0 recs

Great points!....now how would a "supposedly innocent" franchise ( no emails etc ) signing a 10 day contract be effected?

For instance, Denver signing him to 10 day contracts,because Melo is down for 3 weeks?

Realistically, we all would know the REAL reason, but how do you PROVE their true intent of harming us more than helping their team for 3 weeks.

by roy2rudy on Jan 9, 2009 4:46 AM PST to parent up reply reply actions actions   0 recs

If a team wouldn’t employ him for his own merits, i.e. his services as a player. You can argue the Celtics acted in good faith, playing him fairly extensively in pre-season games to see what he could still do for them. Now after the Yahoo story was reported, giving him a ten day contract just to play him two minutes in two games to make some money from it would be “bad faith” to screw another existing contract situation (the one Darius has with the Blazers), and that’s what I assume the Blazers management is challenging. If e.g. Denver gave him a long-term contract (rest of the year at least) and played him regularly, there would be little the Blazers could do against it except appeal the CBA medical retirement provision itself as we have discussed.

by Norsktroll on Jan 9, 2009 4:58 AM PST to parent up reply reply actions actions   0 recs

Hmm...

I think this is the first time I have explaining events with the same person in two different forums… at the same time. You were just on the ESPN page as well, right.

by Salem Stephen on Jan 9, 2009 5:02 AM PST to parent up reply reply actions actions   0 recs

Right, and on Mavs Moneyball with Jscot ;-)
I’m no lawyer, but have some contract background from business.

by Norsktroll on Jan 9, 2009 5:03 AM PST to parent up reply reply actions actions   0 recs

You do a pretty good job explaining it

Most of my criticisms would be based more on semantics and my personal elitism than anything else. Nice synopsis.

by Salem Stephen on Jan 9, 2009 5:07 AM PST to parent up reply reply actions actions   0 recs

Me, too

No lawyer, but some contract background.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:11 AM PST to parent up reply reply actions actions   0 recs

That make sense....so meaningful playing time is the innocent's "innocence" measuring stick....

Would you say just playing him 1-2 minutes PT of “game in doubt” or only “garbage time” be “fairly” obvious of their TRUE intent?

Also, if their playoff position was “set or as desired” would any minutes after this juncture be considered “dubious” :)

by roy2rudy on Jan 9, 2009 5:18 AM PST to parent up reply reply actions actions   0 recs

I wouldn't say playoff position matters

but PT and the “when” of PT might.

But you DO want scrubs to play garbage time, rather than your rotation players. So if someone’s 5th forward goes down injured, it would very possibly be legit for them to take on Darius to fill garbage time minutes.

But usually, for that role, you want a young guy with potential for the future.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:20 AM PST to parent up reply reply actions actions   0 recs

The standard is "by a preponderance of the evidence"

Which basically means, the facts show that the actions are more likely than less likely to have been in bad faith.

As far as proof, you would get depositions from everyone in the front office and remind them that if they perjure themselves, they will go to jail. You can also request any documents relating to the matter. Emails, memos… everything.

by Salem Stephen on Jan 9, 2009 5:00 AM PST to parent up reply reply actions actions   0 recs

Here's the tricky thing

Who is “innocent”?

If Denver signs him for injury cover, they run the risk of a lawsuit.

So before they will do that, they have to scan EVERYONE’S emails for anything that might look suspicious, or be framed as collusion. Will they bother?

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:13 AM PST to parent up reply reply actions actions   0 recs

One other factor

I should have mentioned. Darius might have a potential case against the league as a whole, not the Blazers. He could argue that league rules make it harder for him to get a 10 day contract in this circumstance, and thus unfairly discriminate against him.

Darius could threaten the league with a lawsuit over that, as well.

The easiest resolution to all of this is to clarify the rule as applying to players coming back with their own team. That would clean up all the messes.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:25 AM PST to parent up reply reply actions actions   1 recs

We could call it the “Allen Houston rule”. Or the “Darius Miles rule”, in his honor.

by Norsktroll on Jan 9, 2009 5:30 AM PST to parent up reply reply actions actions   0 recs

Agreed... Miles is the next to sue.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 5:59 AM PST to parent up reply reply actions actions   0 recs

Agreed

I’m curious as to what the PA will do as well, based on their interests/history, it would seem to me they have to back Miles somehow in this situation

Bayless has been testing the fences for weaknesses

by blazeraddict on Jan 9, 2009 9:26 AM PST to parent up reply reply actions actions   0 recs

Good Stuff Jscot

And, certainly something to be thought over. (I’ve always thought Miles getting so many games was just that. But teams stopped short trying to say; “We don’t want to be legally liable for defrauding our partner” type of thing.

Good stuff? Shoot. Great stuff.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 7:34 AM PST to parent up reply reply actions actions   0 recs

Agreed.

I agree that this is more of a statement to the league about the terms of the franchising agreements than anything else. Its a good bet that Portland has been working this through the Commisioners office with unacceptable results. This is more of a reminder to Stern that Portland is treating this matter seriously.

"Greed is Good."
So is Rudy.

by Gekko Mojo on Jan 9, 2009 8:02 AM PST to parent up reply reply actions actions   0 recs

sweet post Jscot!!!

keep giving the Mavs ur moneyballs!!!

"Step up to my mic!!!" Joel's right and left fist

by broyposse on Jan 9, 2009 8:27 AM PST to parent up reply reply actions actions   0 recs

Fast fingers

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 9:21 AM PST to parent up reply reply actions actions   0 recs

this is the logical course of action of course

which means it’s probably not going to go this way. ;-(

Seriously, if Stern and the NBA wanted to put this WHOLE thing to bed, they could make a pre-emptive ruling on the Cap Space situation and the intent of those segments of the CBA. If they NBA comes out and says “the intent was always to prevent a team from bringing back it’s own retired plyaer at a lesser cap figure, and therefore Portland will not have this money added back to their cap if and when Darius plays 10 games.”, then it’s game over, and everyone wins:

-Portland is free to continue on with it’s plans, and not be hurt because they followed the rules
-Darius is free to sign with any team who wants his services
-Other teams are free to sign Darius if they want, without worry of getting sued over it.

Rule #1 of nitpicking is to get it right.

by douglast on Jan 9, 2009 8:59 AM PST to parent up reply reply actions actions   1 recs

Typo

“Perspective” is the wrong word. It’s as clear as day. As an adjective “perspective” means having to do with point of view. There is no context in which “perspective economic opportunities” makes sense.

The dismissal of “In one of the sidebar discussions, someone questioned the use of the term "perspective" instead of "prospective", and said it was the wrong word. It is the right word, and tells the whole story here (do you think that Paul Allen can’t hire lawyers who will know the right word?)” is terrible weak.

Or should I expect a defense of the typo of “tortious” as “tortuous”, as well? After all, Paul Allen’s lawyers are immune to typos, right?

by Ed O on Jan 9, 2009 1:39 PM PST to parent up reply reply actions actions   0 recs

Guys... they used the right words

http://en.wikipedia.org/wiki/Tortious_interference

I know it STILL sounds shocking, the this letter wasn’t written at 3am after a bender like most of our blog posts. This was poured over and words chosen VERY CAREFULLY as this is a delicate matter.

Mortimer

by Mortimer on Jan 9, 2009 1:41 PM PST to parent up reply reply actions actions   0 recs

That link doesn't have the word "tortuous" in it

I know what tortious interference is. I graduated from law school and pass the bar.

If someone intentionally used “tortuous” (meaning complex) in front of “interference” then they are clever in a way that attorneys are not paid for be clever. Puns and word games create ambiguities that should be avoided… not created.

I’m not claiming that this email was typed up at 3 AM. I am claiming that both “tortuous” and “perspective” are poor word choices, and I bet they’re typographical errors.

by Ed O on Jan 9, 2009 2:02 PM PST to parent up reply reply actions actions   0 recs

Ah ah ah, my mistake then

I read it as Miller writing “tortious”.

However, using the phrase “tortuous interference” in this context isn’t necessarily wrong.

And you’re right— lawyers do typos all the time. We just suspect that this letter had been gone over a few dozen times, and since it’s pretty short and everything has to be worded carefully, we’re assuming they used the words they felt they should use.

Mortimer

by Mortimer on Jan 9, 2009 2:06 PM PST to parent up reply reply actions actions   0 recs

Tortuous/tortious

may have been intended, or may have been a typo. U is right next to I on the keyboard, which I hadn’t thought of when I posted previously, so that’s an easily understandable typo.

“Perspective” vs. “Prospective” is not a typo. That’s a wrong word, if you are right. Sorry, I don’t buy it. Paul Allen had multiple lawyers review this, and they are all smarter than you or I, probably.

I don’t think this is primarily focused on future earnings, this is focused on a big pot of money this year, and shifting it from one partner to another inappropriately. That changes the perspective.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 10, 2009 1:16 AM PST to parent up reply reply actions actions   0 recs

You may be wrong on tortuous, too

as I posted elsewhere.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 1:43 PM PST to parent up reply reply actions actions   0 recs

I quoted this verbatim

over in my piece at Loaded O on Darius…hope you don’t mind. I thought it explained what the team’s likely motive was, very clearly. I wish more knuckleheads around the league could read it…

by torridjoe on Jan 9, 2009 5:21 PM PST to parent up reply reply actions actions   0 recs

No problem

Hope you gave the link, though. :)

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 10, 2009 1:17 AM PST to parent up reply reply actions actions   0 recs

Just went over there

No link, but sufficiently attributed that anyone can find it on the Bedge, so that’s cool.

Thanks for the nice words, BTW.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 10, 2009 1:20 AM PST to parent up reply reply actions actions   0 recs

Agreed on all points

Note the punitives.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:15 AM PST to parent up reply reply actions actions   0 recs

Well done. thanks.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 5:58 AM PST to parent up reply reply actions actions   0 recs

Nice

I also think a lot of this is notice that if you mess around here, you’re going to feel the full wrath of a multibillionaires legion of lawyers. That’s got to give even the NBA pause.

Blazer Fan

by leeroyjenkins on Jan 9, 2009 7:07 AM PST to parent up reply reply actions actions   0 recs

Tortious!

Is “tortously” even a word? I think Larry (or Larry’s lawyer) was thinking of “tortiously.” As in, pertaining to a tort. The current usage was done torturously!

Haw!

by torridjoe on Jan 9, 2009 11:28 AM PST to parent up reply reply actions actions   0 recs

It's a word.

And you could conceivably say it was the right one. But…no.

Main Entry:
    tor·tu·ous
Pronunciation:
    \ˈtȯrch-wəs, ˈtȯr-chə-\
Function:
    adjective
Etymology:
    Middle English, from Middle French tortueux, from Latin tortuosus, from tortus twist, from torquēre to twist
Date:
    15th century

1: marked by repeated twists, bends, or turns : winding [a tortuous path]
2 a: marked by devious or indirect tactics : crooked , tricky [a tortuous conspiracy]
  b: circuitous , involved [the tortuous jargon of legal forms]
— tor·tu·ous·ly adverb
— tor·tu·ous·ness noun

And in spite of some reasonable arguments, I sill think “perspective” was also a mistake.

by pualo on Jan 9, 2009 11:51 AM PST to parent up reply reply actions actions   0 recs

It's the right word

He’s accusing them of twisting the provisions of the CBA contrary to the original intent to defraud the Blazers.

You know, I really suspect that Paul Allen’s lawyers would have been over this rather more carefully and thoroughly than Bedgers, and it’s just reasonably possible that they are smarter than us, too.

So we might consider it most likely that they used the words they wanted — and if we think it is the wrong word that, in fact, we are missing part of the message, rather than that they got the wrong word.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 1:02 PM PST to parent up reply reply actions actions   0 recs

Seriously now...

… do you really believe that Portland’s lawyers and management is more informed and careful then us fans?

Next you will be saying that Nate knows more about coaching than we do.

hakkaa päälle !

by timg56 on Jan 9, 2009 1:13 PM PST to parent up reply reply actions actions   0 recs

no, it's tortious

because he’s referring to the type of interference.

I

by torridjoe on Jan 9, 2009 3:59 PM PST to parent up reply reply actions actions   0 recs

nice job, mind if I quote?

I’m going to reprint this verbatim in the LO piece on Miles, if you don’t mind…

by torridjoe on Jan 9, 2009 4:01 PM PST to parent up reply reply actions actions   0 recs

Were you looking to qoute my statement or jscot's

I wouldn’t want to be presumptive…

If you are looking to quote any of my responses, you have my permission.

by Salem Stephen on Jan 10, 2009 12:20 PM PST to parent up reply reply actions actions   0 recs

We're drifting again between the two "courts."

During the JailBlazer era, we were in court for marijuana, DUIs, illegal prostiitution… things have changed a bit, but now it’s a bit more formal and “cute” with lawsuits.

I don’t like this situation at all. I sense fans/readers here are blowing this off. The fact that Darius can play in NBA games, even for 2 minutes, seems to indicate that his injury is not career ending.

Basketball should stay on hardwood courts, not jury courts. The fact we are discussing this now, points to a decision that has led us into topics that this franchise claimed was something of a past. We were suppose to be making solid choices. This isn’t one of them. If we knew 2 years ago that this decision would lead us to this point, we would have seriously looked at alternatives.

Reminds me a bit of Steve Patterson.

by hotstuffdb22 on Jan 9, 2009 5:08 AM PST reply reply actions actions   0 recs

We haven't put ourselves in this position

Other NBA execs have talked about screwing Portland and teams signing Darius to benefit from the luxury tax. It isn’t Portland that has gone into shady/illegal territory here AT ALL.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:17 AM PST to parent up reply reply actions actions   0 recs

I think this situation required thinking beyond the years of our management to make...

I’m not criticizing them, but an email like this seems like it should’ve been placed a long time ago, not near the end of the 10 game stipulation. This seems like one tactical error.

Also, other alternative options likely existed. Perhaps, one of the those options was the better option. We don’t know and will never know. However, what we do know, is that if were to do this all over again, we would play our cards differently. The best case scenario would be to not go to court (and maybe this will happen). However, I think our current path with this seems like were on a disaster course as the focus once again is on things off the court, rather than on the court.

I’m just sick of this stuff with this franchise. I feel they have come a long way, but this shows that we still haven’t left the court-era, unfortunately.

by hotstuffdb22 on Jan 9, 2009 5:29 AM PST to parent up reply reply actions actions   0 recs

The timing was perfect

It came out right after an NBA exec was quoted (anonymously) in national media about screwing the Blazers.

It is their response to that.

Sorry, but your response just makes no sense. Other NBA people are talking to the media about screwing the Blazers out of millions of dollars, in violation of their joint venture agreement, and you are upset that they sent them an email saying, “If you do that, we’re going to sue you. You are violating the agreement.”

Would you prefer that Paul Allen just raise ticket prices so the fans can pay the $9 million (or whatever it is) in luxury tax? Why should he have to pay that?

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:35 AM PST to parent up reply reply actions actions   0 recs

My point was asking why a conditional email like this

wasn’t sent earlier. It was sent recently in response to what you just mentioned. This is what I disagree with. We’re in a situational battle now. What matters now is tactic, response, litigation, law, and mostly, interpretation. I’m simply saying that the Blazers made a tactical error with this email and its timing. Clearly, the Yahoo story broke, and gave information Portland didn’t know. This was a mistake, but led now to a response by Portland that I argue should’ve been placed some time ago. This makes sense.

by hotstuffdb22 on Jan 9, 2009 5:41 AM PST to parent up reply reply actions actions   0 recs

OK, it does make sense

The problem: previously, Portland probably had nothing substantive on which they could say, “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.”

Everyone could have said, “You guys are just trying to scare people away from signing Darius.” Now, there is something substantive to which they can point. Until those statements came out in the media, it might have been legally dangerous to send such an email. Darius could have sued over it. Now, they can just say, “Sorry, Darius, this has nothing to do with you. This has to do with specific stuff that was discussed in the media.”

Basically, they probably would have liked to send such an email sooner, but the media statements gave them the legal cover to do so. And the media statements also greatly increased the likelihood of a court case being successful — it isn’t just a paranoid Portland exec that is saying people are out to screw Portland.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 6:41 AM PST to parent up reply reply actions actions   0 recs

I don't want to be confrontational ....

… but this seems to follow along a similar line that we see in criticisms of the Blazers that are basketball related – i.e. assuming one knows as much or more than the folks who actually are responsible for doing the work.

Unless one has information to the contrary, one must assume that the decision to send the email, the content of the email and the timing of it were the result of careful deliberation on the part of some very sharp people, including Portland’s legal counsel. You are arguing that they made a tactical mistake (without providing any reasoning why it is). May I ask what this is based on? Prior legal experience. A working knowledge of contract law, or the NBA?

I’ll also point out that it is not “clear” that the Yahoo story broke information that Portland was unaware of. If fact I just saw a reference that Pritchard and Portland management was fully aware of the fact that preseason games counted. Much of the rest of the league apparently did not, but Portland did. They must have felt that, at the time, it was wiser to keep quiet. I would assume this was based on why stir something up and bring attention to it, if isn’t yet a problem. Once talk hit the media about other team management personnel commenting about how a team might “screw” Portland, then the initial reasoning became mute.

hakkaa päälle !

by timg56 on Jan 9, 2009 7:57 AM PST to parent up reply reply actions actions   0 recs

It seems unlikely to me that

other GMs weren’t aware of the pre season aspect. All the other teams have legal counsel, contract specialists, etc. They were aware, and they would share that info with each other. I suspect that Ainge was fully aware of this. His praise of Miles’ condition was just a smoke screen to justify doing what he was doing. Memphis was very aware also. The Yahoo story broke the news to us, not to the teams.

by crakarjack on Jan 9, 2009 11:15 AM PST to parent up reply reply actions actions   0 recs

I see little other options (from a business perspective)

Tried to outline that in my post this week, second paragraph: http://www.blazersedge.com/2009/1/5/709833/the-darius-miles-chronicle

No team would have traded for an injured Darius Miles still potentially costing them $18 million for nothing if the can’t come back last year. They could have bought him out for a little less money, but then he would be just as well on the cap a la Steve Francis. The medical retirement process was the best option they had at that time, clearing a roster spot immediately and potentially his salary. The only other viable option I could see would have been to ask him to stay away from the team with pay, which the current CBA allows (Indiana is doing this with Tinsley at the moment), hoping they could trade him later when his contract expires in 2010 and everyone tries to get under the cap for LeBron & Co.

by Norsktroll on Jan 9, 2009 5:36 AM PST to parent up reply reply actions actions   0 recs

I agree, perhaps the alternative options are limited...

the key here, I think, is that had we done the alternative and waited till 2010, perhaps our “transaction costs” would be lower (this is an economic term, let me know if it’s confusing). Right now, this option has escalated our transaction costs.

At the end, I think there are always options or a “way out” in any situation, and we pursued perhaps the best at the time. However, in hindsight, I don’t think this was the best for both the player and the team. We’re in territory now that we should never have gotten involved with. This new Blazer era was suppose to have a higher ethic and standard.

by hotstuffdb22 on Jan 9, 2009 5:47 AM PST to parent up reply reply actions actions   0 recs

Yeah, I have been thinking about this as well. If he makes his comeback, we have to pay the salary, lost the cap space and the ability to trade his expiring contract so the costs are higher in the end. So it was a bit risky either way. But doctors assured KP Darius’ knee looked very bad and thus he was unfit for service and potentially would re-injure himself more which he didn’t want to take the responsibility for (he revealed that which he probably was not allowed to discuss publicly, leading to a flurry of articles in the summer). Would it have been more ethical to let him sit for two years at the end of the bench or at home? I don’t know about that. The Knicks should have done it with Marbury. I suppose the Pacers are just doing it with Tinsley because he still has some trade value on his own as a player.

by Norsktroll on Jan 9, 2009 6:00 AM PST to parent up reply reply actions actions   0 recs

I refer you to a post by a guy named Norsktroll ...

 … who points out the reasons why Portland had little to lose (and still does).

The assumption that Portland’s decision now looks like a poor one can only be based on a) assuming Miles would have been tradeable this summer and b) that Portland has no recourse, should a team sign Miles and his contract come back on the books.

I would argue that the odds of Portland being able to deal Miles over the summer of 2009 would have been no better than 40 – 60. Only a limited number of teams would want to pay $9 million for a guy to sit at the end of the bench, just so his contract came off the books at the end of the season. Assuming some would, you still have to come up with a deal that worked for Portland. That’s not a given.

The odds of trading him at the 09 – 10 trade dealine might have been better, but by then, Portland would have paid out 75% of Miles $18 million (plus an luxury tax payments).

In summary, Portland had very little to lose in a worst case scenario and a considerable amount to gain in a best case scenario. For me, hindsight has not changed what was clearly a very good risk – reward evaluation by Portland management.

hakkaa päälle !

by timg56 on Jan 9, 2009 8:15 AM PST to parent up reply reply actions actions   0 recs

From a business perspective it looked like the right move at the time, especially if they were more interested to have cap space in 09 than in 10 even if they could find a taker at the trade deadline. I can’t say it would have been more ethical to let him rot for two years either when they believed chances for a comeback were slim to none, so yeah.

by Norsktroll on Jan 9, 2009 8:36 AM PST to parent up reply reply actions actions   0 recs

How are Portland's transaction costs higher?

As of this moment, it hasn’t cost them anything.

hakkaa päälle !

by timg56 on Jan 9, 2009 8:00 AM PST to parent up reply reply actions actions   0 recs

damn

that is much too catchy. I am going to +1 you, but only if we never mention this nickname again.

Jaws were hitting the floor as Greg repeatedly attempted to tear the rim off the backboard...

by TheOdenator on Jan 9, 2009 12:40 PM PST to parent up reply reply actions actions   0 recs

i am actually suprised

that no one else beat me to it.

by tingeyga on Jan 9, 2009 3:26 PM PST to parent up reply reply actions actions   0 recs

the new one is

from jail-blazers to wail-blazers

December 18, 2008.

"Roy is Roy, and if I were to bet my life on a game of 5-on-5, I’d bet on whichever team Roy was playing on." by HurraKane212

by maid tu rek on Jan 9, 2009 7:25 PM PST to parent up reply reply actions actions   0 recs

I just looked at the Blazers schedule and ran off all the game I think we'll win the rest of the way.

I counted 29 wins. That would bring us to 50 wins. Then there are about 7 or 8 we might win, couple that with the us losing the easy wins, and winning some tough ones. I’m expecting somewhere between 50-56 wins this year. Blazers should not be worried about free agency. I do think it’s nice KP is doing something about it though. It’s better then not complaining at all.

by BRoyInThe4th on Jan 9, 2009 5:15 AM PST reply reply actions actions   0 recs

If you read a couple comments above

this is not primarily about free agency. This is about teams talking about using the luxury tax to rip off Portland, and Paul Allen saying, “No way.”

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 5:18 AM PST to parent up reply reply actions actions   0 recs

Question:

If Darius plays no games the rest of this season, and plays only 2 games next season, do they add to the 8 existing and thus go “against” us???

by hotstuffdb22 on Jan 9, 2009 5:21 AM PST reply reply actions actions   0 recs

so it's obvious someone will sign him

for the preseason next year. Play him all they want, since those games dont matter and at the same time it will look like they were really interested in him. And it should keep them free of any legal matters having to do with sticking to the Blazers.

by bustabucket on Jan 9, 2009 6:10 AM PST to parent up reply reply actions actions   0 recs

Sort of

Where it matters is that it forces KP to act before next preseason. He can’t wait for a mid-season trade using the cap space, because of the risk of Darius playing.

Unless the league issues a ruling that Darius’ salary only goes on Portland’s cap if he plays the ten games for Portland, which was the intent all along.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 6:45 AM PST to parent up reply reply actions actions   0 recs

it is not retroactive, however. Miles $9M would be added to the Blazers salary pending the immediate petition by the Blazers to reconsider.

by Salem Stephen on Jan 9, 2009 5:24 AM PST reply reply actions actions   0 recs

Yahoo is citing an eastern conference executive with an interesting take
"The point that everybody is missing is that this isn’t about Portland’s salary cap. It’s about whether this guy [Miles] is healthy enough to play or not," said an Eastern Conference executive. "He obviously is healthy enough to play. It doesn’t matter how good he plays. He can still play, and they said he couldn’t.

"Portland received benefits when [Miles’] injury was ruled career-ending. If he can play, they don’t deserve to have those benefits."

by Norsktroll on Jan 9, 2009 5:40 AM PST reply reply actions actions   0 recs

Independent Medical Exams are a croc.

i used to work for an IME (independent medical examination) company in Seattle. The doctor is supposedly totally independent of the insurer (employer in most cases) or patient. Here’s the catch, however: The doctor is paid by the insurer through a supposedly-independent company that hires the doctor and sets up the exam. In other words, If insurance company X sends 500 people to this IME company to set up doctor’s appointments that decide whether someone’s benefits are necessary, and the IME company knows Dr. Z usually gives a report saying what the insurer wants, then the IME company has every reason to send the 500 patients to Dr. Z, thus pleasing their client.
It’s an ugly and confusing industry.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 5:53 AM PST to parent up reply reply actions actions   0 recs

the examiner

was hired by the Players Union.

Blazer's fan since '84, Currently exiled in San Antonio

↑ ↑ ↓ ↓ ← → ← → B A

by HurraKane212 on Jan 9, 2009 6:01 AM PST to parent up reply reply actions actions   0 recs

Hmmmm ... So, did he just do a bad job calling the injury career ending? or will Miles fall apart any minute?

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 6:58 AM PST to parent up reply reply actions actions   0 recs

I think the doctor's ruiling was...

the risk of him reinjuring himself is too great for him to keep playing.

This is what Lucas would do. http://www.youtube.com/watch?v=P0aPkIE2qK0

by 123_G.O._RipCity on Jan 9, 2009 8:48 AM PST to parent up reply reply actions actions   0 recs

Why isn't there a 2nd opinion built into the medical retirement process?

Athletes routinely get 2nd and 3rd opinions when considering surgery, so why wouldn’t there be another set of doctor’s eyes looking at the knee when considering granting a medical retirement.

by tingeyga on Jan 9, 2009 12:40 PM PST to parent up reply reply actions actions   0 recs

That's what the league doctor is

Team doctor, then a second opinion with the league doctor.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 1:03 PM PST to parent up reply reply actions actions   0 recs

No, of course not

but you don’t necessarily need a second independent opinion.

Remember, the insurance company has also undoubtedly had him examined in regard to whether they were going to pay out.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 1:06 PM PST to parent up reply reply actions actions   0 recs

As much as I know that insurance companies hate to pay out money

i think that their hands are tied and they have to pay out due to the terms of the agreement they have with the NBA.

Going forward it would probably be wise to improve the medical retirement policies by adding a 2nd independent opinion.

by tingeyga on Jan 9, 2009 1:13 PM PST to parent up reply reply actions actions   0 recs

Might not hurt

But I’m not sure it changes this situation. The opinion was not that Darius couldn’t play, but that it was very, very risky for him to do so because of the potential damage.

So if another doctor said the same thing, what then? Darius would still be wanting to play, these other teams would still have done what they did.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 1:16 PM PST to parent up reply reply actions actions   0 recs

Here's the bottom line, the way I see it:

How can somebody a league doctor said should no be playing, be playing?

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 1:17 PM PST to parent up reply reply actions actions   0 recs

Because doctors can only give advice and opinion.

They cannot prevent a person from going against their advice (in most cases). Tell me you’ve never heard of a doctor telling their patient they need to exercise, lose weight, stop smoking, etc and the patient continuing to act as before.

hakkaa päälle !

by timg56 on Jan 9, 2009 1:20 PM PST to parent up reply reply actions actions   0 recs

Yeah, yeah ...

But if that advice is the pivot in a contract, that is, changes the fundamental nature of the contract, and one party agrees to adhere to the advice, shouldn’t the other party be forced to as well?
I’m not saying this very well.
OK: Both parties agreed to follow the opinion of that expert. Miles left with medical retirement and sick-pay; Blazers lose the player and gain cap space.
So now Darius gets to double dip? Gets to choose if he plays or not?
It’s not like the Blazers have any options. They can’t choose to trade his contract.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 1:28 PM PST to parent up reply reply actions actions   0 recs

It's an expert opinion that changes a legally binding contract.

This rule seems so silly and full of loopholes to me. Either he has a career-ending injury or he does not. If he does not, he should be on the Blazers squad for better or worse. If he does, he should not be playing in the NBA. Period.
So frustrating with all this double-talk.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 1:30 PM PST to parent up reply reply actions actions   0 recs

It did not change the contract.

The contract is still in force and Portland still pays Miles. The only thing it changed is how the contract effected Portland in terms of league rules.

Portland could have kept Miles on the inactive list for two years. It could have had him remain away from the team for that time, tried to trade him or it could have simply released him. They took a look at the rules and determined that they had another option. Nothing changed with regard to the contract between Miles and Portland.

hakkaa päälle !

by timg56 on Jan 9, 2009 1:35 PM PST to parent up reply reply actions actions   0 recs

Hmmm…
Thanks for that.
There is still something fishy about this whole thing, however.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 1:38 PM PST to parent up reply reply actions actions   0 recs

Honestly, I'm no so sure

It’s a real simple logical progression actually.

- Darius gets hurts, rehabs for two years with setbacks
- Portland’s doctors say “He might be able to play at a minimal level again, but at grave risk to his knee”
- Portland asks the NBA’s independent doctor to confirm their findings
- The NBA and Darius’ own players union hires a doctor who says the same.
- Darius is retired. Darius himself signs the paperwork (I believe).
- Darius comes back anyway, despite the risk to his knee
- Even though he’s shown minimal abilities due to his injuries, a couple teams play him just enough to bring his contract back on the books.
- Portland says “hey wait a second… play him because he’s good enough, not just to screw us. That’s bad faith”

when you really look at it, it’s really not as fishy as it sounds at first listen.

by Timmay! on Jan 9, 2009 1:41 PM PST to parent up reply reply actions actions   1 recs

Man, thanks for breaking that down, timg56 and Timmay!

It’s sounds so damn fishy unless you look at it like that.
It comes down to him being not healthy enough for Team A, yet healthy enough for Team B, OR, Team B is engaging in a bad faith contract with Miles. And the doctor did nothing more than let Team A and Miles out of a portion of his contract, not make a determination on his playing eligibility league-wide. (which I really think it should have been)

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 1:48 PM PST to parent up reply reply actions actions   0 recs

It wouldn't change this situation

but doctors sometimes make mistakes and having a second opinion should reduce the chances of someone being deemed unable to play NBA-level basketball without long term injury incorrectly.

by tingeyga on Jan 9, 2009 1:36 PM PST to parent up reply reply actions actions   0 recs

Yeah

THAT Eastern exec is saying that. Another Eastern exec was saying someone was going to “screw Portland”.

That Eastern exec (Ainge perhaps?) is ignoring the fact that the doctor didn’t say Darius couldn’t play, he said that the risk was too great. And that Eastern exec probably knows exactly that, and is playing games with the media.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 6:48 AM PST to parent up reply reply actions actions   0 recs

That sounds like a smoke screen.

Might even be from one of the executives that was earlier talking about how easy it would be screw Portland.

hakkaa päälle !

by timg56 on Jan 9, 2009 8:18 AM PST to parent up reply reply actions actions   0 recs

Might even be the exec

that leaked Portland’s email.

Any guesses? I’ve got one.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 8:33 AM PST to parent up reply reply actions actions   0 recs

Ainge is the easy guess

It is weird that he would have such distaste for an out of conference team, from his home state (he is easily the greatest athlete in Oregon history), that once payed him for his services. That whole Sebastian Telfair for Roy thing must have really got under his skin.

This is what Lucas would do. http://www.youtube.com/watch?v=P0aPkIE2qK0

by 123_G.O._RipCity on Jan 9, 2009 8:51 AM PST to parent up reply reply actions actions   1 recs

Ding, ding, ding!

We have a winner. For guessing the same person as I guessed, you have won
1. One rec.
2. Two cheers.
3. Three large bags of admiration. I know you can put admiration in bags, because admiration is real, and tominhawaii says that everything that is real is measurable.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 9:23 AM PST to parent up reply reply actions actions   0 recs

I know you can put admiration in bags, because admiration is real, and tominhawaii says that everything that is real is measurable.

That should be someone’s new signature. I like the one I’ve got too much to boot it just yet.

"...we have so many experts who think that you have to play defense, you have to rebound, you have to be a possession coach, you have to execute. I just laugh. Explosive offense is not as intimidating as dominant defense. But it is scary when you don't know how to stop someone." - George Karl, Nuggets coach

by jamon51 on Jan 9, 2009 1:30 PM PST to parent up reply reply actions actions   0 recs

I did it myself

I know you can put admiration in bags, because admiration is real, and tominhawaii says that everything that is real is measurable.

by jscot on Jan 10, 2009 1:25 AM PST to parent up reply reply actions actions   0 recs

Portland received benefits?

If you mean the benefit of paying someone $18 million (some of that paid by insurance) while receiving no services from that person.

Could Miles dedication to rehabilitation be questioned? Micro-fracture surgery has either been career ending or required extensive rehabilitation to recover from. If Darius Miles is truly fit to play why is he not playing for the Blazers?

Wouldn’t KP and the Blazers have either traded Miles or waived him if his injury wasn’t career ending?
I think you have to believe that the ONLY reason Miles has seen any court time is because of the salary cap and luxury tax ramifications. Especially due to his minimum veteran contract. You’re going to tell me there are no better, cheaper options for NBA teams than Darius Miles? Please.

by loud1 on Jan 9, 2009 11:22 AM PST to parent up reply reply actions actions   0 recs

Fans are riled up, yes ...

… but big corporations send each other hate mail like this all the time. Go down to the court house and read a few lawsuit preambles. They all read this way. This is obviously a “not for publication” type letter. Miller never thought this thing would be read by you and me, so he worded it like lawyers word stuff to each other. But this time, the veil was pulled back and fans are seeing the ugly behind-the-scenes NBA that I’m sure has existed as long as the league has.
Unfortunately, the Blazers can’t really do much in the way of damage control because such action would only call more attention to the problem. Not only that, but Darius could certainly sue if he is slandered, libeled or kept from earning money he would otherwise make.
A legal can o’ worms we will be writing about for five years, I’ll bet. These kinds of legal junk drawers have no bottom, especially if Miles feels like he’s been wronged. Let’s hope he wins the lotto and forgets about the whole thing.
As for other teams, let’s hope the other GMs don’t take this fiasco as an excuse to show how big their testicles are and knock the chip off Miller’s shoulder.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 5:48 AM PST reply reply actions actions   0 recs

Larry Miller is now like Steve Patterson, 2.0

Major Mistake Larry.

Email is never a way to resolve difficult situations. I’ve learned this multiple times. For all the great things that email is, this is one of its biggest weaknesses.

by hotstuffdb22 on Jan 9, 2009 5:50 AM PST to parent up reply reply actions actions   0 recs

absolutely.

you gotta talk to people face-to-face for the big stuff.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 5:54 AM PST to parent up reply reply actions actions   0 recs

I disagree on this one

It’s “unnamed” people who were threatening to screw Portland. The obvious solution is to send a blanket letter (email or hard copy, doesn’t matter) to all parties saying, “I don’t know who is planning on doing this, but if you are, the hammer falls.”

You HAVE to have it in writing for when the lawsuit starts, if it does. And if you send it individually, you are accusing people, including those who you may know full well are innocent. So you send it to everybody.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 6:51 AM PST to parent up reply reply actions actions   0 recs

I disagree...

this action isn’t obligatory. They could’ve called the teams… there are only 29

by hotstuffdb22 on Jan 9, 2009 6:53 AM PST to parent up reply reply actions actions   0 recs

Lawyers love documentation, unless it's used against them.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 6:59 AM PST to parent up reply reply actions actions   0 recs

How would you avoid it?

Just pay the millions in luxury tax?

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 7:05 AM PST to parent up reply reply actions actions   0 recs

You might have the makings of a lawyer.

At least half of the ones I know are all about risk aversion.

(That wasn’t meant as criticism. A large part of a lawyer’s job is to protect their client or company from risk. )

hakkaa päälle !

by timg56 on Jan 9, 2009 8:28 AM PST to parent up reply reply actions actions   0 recs

In addition, corporations (usually) know not to take stuff like this personally.

We just went through a dispute with a major corporation (the kind identified by just 3 letters) and while there were foks in our company that did not appreciate the tone and content of the initial shot (letter) by these guys (myself included) I kept reminding them that these are people we work with on a regular basis and it is just part of doing business.

We won the dispute by the way.

hakkaa päälle !

by timg56 on Jan 9, 2009 8:24 AM PST to parent up reply reply actions actions   0 recs

What a mess

I cannot believe that 6 games played while in training camp is causing this much stir, Those games dont count for anything other then getting players in to shape for the reguler season. I like the throwing the first punch approach by portland, did Miles pre-season games really count? Why doesnt the league just add pick up games at the training facility in July to count also. Thats the Stern way of treating smaller market teams, you can bet if this was LA in this same boat there would be a clear cut statement by the nba indicating Miles Situation is fluent.

I try to help with everything," Fernandez said. "If the coach says go rebound, I go rebound. I work for the team."

by Dragonage on Jan 9, 2009 6:09 AM PST reply reply actions actions   0 recs

ESPN changed the headline of its story. Guess someone read the comments or the Blazers complained :)

It read something like “Blazers Blackball Miles”, now it’s “Blazers send e-mail about Miles”

by Norsktroll on Jan 9, 2009 6:32 AM PST reply reply actions actions   0 recs

Or there own lawyers looked at it

That could have had them in serious trouble.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 6:52 AM PST to parent up reply reply actions actions   0 recs

If this isssue is not resolved soon by Stern ( in our favor )....wouldn't our next step be....

…… to " quitely threaten" to file a league suit including requesting “discovery” of all of their documents from all league meeting minutes, pertinent emails & letters, both before and after this rule’s approval. The purpose of this is for understanding the League’s “intent” of the rule.

If they’re favorable to us, then we would probably see a “flurry” of league solutions to our cap space & tax issue’s,

If these documents were not favorable for us, then we would at least know to focus on “franchise duties and responsibilities to each other”…which would still probably achieve many favorable settlement ideas!

by roy2rudy on Jan 9, 2009 6:41 AM PST reply reply actions actions   0 recs

I think Stern should intervene right now...

I think the damages to both Darius and Portland could both be potentially larger than each originally intended. This should be settled now, so both parties can move on.

by hotstuffdb22 on Jan 9, 2009 6:55 AM PST to parent up reply reply actions actions   1 recs

Completely agree

The situation has set up where Portland could have claims against other franchises and Miles/the PA could have claims against Portland. Messy, protracted litigation with plenty of embarassing (if not incriminating) documents/e-mails = bad business for Stern.

Bayless has been testing the fences for weaknesses

by blazeraddict on Jan 9, 2009 9:37 AM PST to parent up reply reply actions actions   0 recs

I think this is right -- the whole thing could be aimed at lighting a fire under Stern

I posted this on an earlier fan thread:

There could be even a deeper strategy

I could foresee this happening:

- Team X signs Miles
- Blazers file complaint with the league
- Blazers file lawsuit if necessary
- NBA decides to resolve the dispute by changing the rule or granting Portland an exemption. Lawsuit goes away.

This would be only right because Miles was waived a long time ago in good faith, and if he’s playing for another team he shouldn’t be a Portland salary. So maybe the PTB are angling for that kind of a resolution.

by Kaboomm on Jan 9, 2009 7:04 AM PST to parent up reply reply actions actions   0 recs

If you're David Stern . . .

You have a choice between:

- Legal chaos, including your teams suing each other AND Darius Miles suing Portland and the NBA over restraint of trade. This makes the league look ridiculous.

- Take Miles off of Portland’s books, where he doesn’t belong anyway, and let Miles freely sign with any team that wants him. This looks exactly like normal life.

by Kaboomm on Jan 9, 2009 7:08 AM PST to parent up reply reply actions actions   0 recs

some how, i bet if that happenned, no one would sign him

December 18, 2008.

"Roy is Roy, and if I were to bet my life on a game of 5-on-5, I’d bet on whichever team Roy was playing on." by HurraKane212

by maid tu rek on Jan 9, 2009 7:39 AM PST to parent up reply reply actions actions   0 recs

You forgot the public backlash

now that this is public about unethical dealings of GMs

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:34 AM PST to parent up reply reply actions actions   0 recs

exactly! The league could end all of this in a heartbeat

They could make a pre-emptive ruling on the Cap Space situation and the intent of those segments of the CBA. If the NBA comes out and says "the intent was always to prevent a team from bringing back it’s own retired plyaer at a lesser cap figure, and therefore Portland will not have this money added back to their cap if and when Darius plays 10 games.", then it’s game over, and everyone wins:

-Portland is free to continue on with it’s plans, and not be hurt because they followed the rules
-Darius is free to sign with any team who wants his services and know that he is not being used as a pawn
-Other teams are free to sign Darius if they want, without worry of getting sued over it.

Rule #1 of nitpicking is to get it right.

by douglast on Jan 9, 2009 9:11 AM PST to parent up reply reply actions actions   0 recs

Precisely

and in all probability, that happens very soon.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 9:12 AM PST to parent up reply reply actions actions   0 recs

Or one could hope

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 9:13 AM PST to parent up reply reply actions actions   0 recs

What if Portland makes the NBA finals in 2012 and...

Miles is on the opposing team…. and…. it’s Game 7????

by hotstuffdb22 on Jan 9, 2009 6:57 AM PST reply reply actions actions   0 recs

Blazers 112 / The Other Team 100.

Book it!

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 7:01 AM PST to parent up reply reply actions actions   0 recs

As sad as it is (and I wish he could make his comeback – especially if it would not screw our cap space): I doubt his knee holds that long if he would play pro basketball for multiple seasons. I know professional skiers who can still ski better than you and me on cruise control as a “tourist” after severe injuries, but they would blow their knee for good when doing it on a pro course at pro speed every week. I fear it’s the same with Darius and basketball.

by Norsktroll on Jan 9, 2009 7:01 AM PST to parent up reply reply actions actions   0 recs

Exactly

It’s like people are expecting Miles to have to walk with a cane right now, because a doctor said he shouldn’t play anymore. Eddy Curry could drop dead from many moment from his heart thingy, according to his former doctors, and he is still able to play— they just felt the risk was too great. The Knicks’ doctors (or just Isiah) felt otherwise.

Just because a person can do something in the moment, it doesn’t erase the risk that they will greatly re-injure their injury from that act. Darius can run and jump like an average not-that-athletic NBA player right now. The doctors didn’t think it would last very long, however, and that the risk to his knee made it so he should retire.

He still has lanky arms and 2 legs. He can make plays. But his knee won’t be able to handle it, in those docs opinion.

And, if he was still good enough otherwise, he’d be on a NBA team already after two long years.

I have always, always wanted Darius to be able to make a comeback. Watching him both in pre-season and with the Grizz, he doesn’t look very good. I sincerely wish him the best, and hope he can find a home in the NBA.

I also don’t want him jerked around and signed just to screw the Blazers. That would be idiotic, and I know which is “morally worse”… telling people not to do something morally wrong, or doing the morally wrong thing. Signing Darius with only the intent to screw the Blazers financially (not just on the court, but millions of dollars) isn’t a very noble deed, so I don’t mind us heading off those deeds at the pass and saying “nuh uh”.

Mortimer

by Mortimer on Jan 9, 2009 10:15 AM PST to parent up reply reply actions actions   0 recs

That's an interesting point

And only Miles’ backers seem to be making it. Which is rather sad, but whatever. Ways of the world & all that.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 10:18 AM PST to parent up reply reply actions actions   0 recs

Danny Ainge disagrees.

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:35 AM PST to parent up reply reply actions actions   0 recs

guaranteed win?

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:35 AM PST to parent up reply reply actions actions   0 recs

Unique situations demand unique responses. I would imagine this is Allen's line in the sand.

Nobody, even a multi-billionaire wants to pay $10 mil+ that he doesn’t have to.

I applaud the move, the rule is clearly not working as intended.

Blazer Fan

by leeroyjenkins on Jan 9, 2009 7:04 AM PST reply reply actions actions   0 recs

Well, the problem is that "the rule" is a mess to start with.

If a guy is unfit to play, he obviously shouldn’t be playing. Period.
Either the doctor screwed it up, or what he meant was: “I think you should never play again.” not, “you will never be able to play again.” There is a big difference.
The Rule has a big gray area in it.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 7:08 AM PST to parent up reply reply actions actions   0 recs

I thought this was funny.

Don’t worry, they will get there. No way will Portland not be aggressive with McMillan as coach.

hakkaa päälle !

by timg56 on Jan 9, 2009 8:57 AM PST to parent up reply reply actions actions   0 recs

Personal independent opinion

I’m a Kings fan (for those who don’t know who I am), so from this perspective, it doesn’t matter to me. My personal feeling’s on Paul Allen run a bit differently, in part because I live in Seattle, and Allen lives on Mercer Island (a suburb of Seattle essentially for those who aren’t aware) which is part of the greater Seattle area. I hate what he’s doing with the South Lake Union development (I think the view’s of the water are great, particularly from Capitol Hill, and all that development has taken away from that. But such is life in a place like the Emerald City.)

That all being said, what the Grizzlies did was a step to screw the Blazers. What the Celtics did was understandable, but did not ultimately hurt anything. It seems the Celtics are less to blame here, and the Grizzlies did this to gain something financially. My hope is, that despite the ugly warning letter, despite Miles still wanting to play, he goes oversea’s and does it that way. I don’t really think he can help a NBA team, and I’m willing to bet most NBA teams would rather go with a younger more talented player than Miles. I think Miles is still living a dream essentially.

I’d be surprised if this hurts the Blazers, and while I don’t really care, and don’t think it even matters more than anything than simple greed for other teams, it will be interesting to see how this works for the future.

Again, I have no stake in this one way or the other. Keep it in mind. (And, I’ve always thought very ill of Miles game personally.)

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 7:46 AM PST reply reply actions actions   0 recs

(I never liked his game either, actually. But don’t tell any of my Blazer buddies here.)

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 7:48 AM PST to parent up reply reply actions actions   0 recs

I agree

The Grizzlies look really bad in this. If they had kept him through the season, that would be one thing.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 7:50 AM PST to parent up reply reply actions actions   0 recs

Michael Heisley (Grizz owner) is also a billionaire

He’s just cheap. Similar to Jerry Reinsdorf in that respect.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 7:53 AM PST to parent up reply reply actions actions   0 recs

who isn't a billionaire these days?

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 7:54 AM PST to parent up reply reply actions actions   0 recs

I'm guessing

But you, and this I can say for certain, me.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 7:55 AM PST to parent up reply reply actions actions   0 recs

You're two-for-two on that one. See you in the soup line.

Rudyculize: The act of Rudy making others look slow, dim and generally oafish.
http://www.myspace.com/y5k

by Y5k on Jan 9, 2009 7:57 AM PST to parent up reply reply actions actions   0 recs

Not to be uncouth

But I hope not.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 7:58 AM PST to parent up reply reply actions actions   0 recs

You are not alone.

I’m still working on getting to millionaire status.

(I have a lot of work ahead of me.)

hakkaa päälle !

by timg56 on Jan 9, 2009 9:03 AM PST to parent up reply reply actions actions   0 recs

Yeah, kind of bizarre

The thing is, for the Grizz, it probably wasn’t just about luxury tax this year, but also about cap space and competition in the FA market this summer.

For the Blazers, I suspect it is more about luxury tax. For the Griz, the tax means $250K, for Paul Allen it means millions.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 8:00 AM PST to parent up reply reply actions actions   0 recs

Yup Yup

But the Grizz had cap space, and didn’t use it last summer. Maybe that had something to do with the Free Agents, but if they wanted any number of players, they could have had them for just cap space.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 8:01 AM PST to parent up reply reply actions actions   0 recs

That's true

I get so used to having an owner that cares about winning….

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 8:02 AM PST to parent up reply reply actions actions   0 recs

I'm used to 1 owner who mouthes off about it

And whose actions indicate the opposite. (The Kings had a similar owner in Jim Thomas, except he was just better by the end. Under Thomas, the Kings hired Petrie, hired and fired Eddie Jordan, hired Rick Adelman, drafted Peja and Corliss among others, Brian Grant too, J-Will, and of course made the Webber trade.)

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 8:08 AM PST to parent up reply reply actions actions   0 recs

This isn't about 'class' by the way

This is about a rich man looking out for his interests and that of his company.

I don’t really think Blazer mangement cares about what Boston fans, or Memphis fans, or even naive Portland fans think of this decision.

So the ‘class’ argument is kinda silly.

Blazer Fan

by leeroyjenkins on Jan 9, 2009 7:50 AM PST reply reply actions actions   0 recs

Not sure what to say here ...

I’m a little disappointed in the team for taking this path, mostly I think because it removes the spotlight from the good things the team has done so far this year. We’ve been playing really well, and now this becomes a bit of a distraction. I hope it doesn’t negatively affect our players …

"These are dreams that we have." --Rudolfo Fernandez

by bfan on Jan 9, 2009 7:56 AM PST reply reply actions actions   0 recs

Why not claim him on waivers?

Couldn’t the Blazers have claimed him on waivers if they were so afraid of another team signing him for two games? Granted this could be impossible or may have had drawbacks, among the following. 1) It could have triggered the insurance company no longer paying insurance on the remainder of Miles contract; 2) It could be against the rules to claim a player with no intention of having him play; or 3) It may have caused the league to disallow the claim that Miles can no longer play. But, the insurance money would affect Allen’s pocket, but not the Blazers cap space- unless, as in 3) the league puts Miles contract back on the Blazers cap as he is now an “active” player on the Blazers. Sure the Blazers would have to cut and pay Shavlik Randolph, but having stashed Miles on the bench after claiming him on waivers seem to offer a way to safeguard the Blazers cap space, perhaps better than sending that letter. I haven’t seen anything about this in the articles I have read. Is there an easy reason why this wasn’t possible?

by fan in japan on Jan 9, 2009 8:13 AM PST reply reply actions actions   0 recs

i think miles would have tu want tu be signed by portland

and somehow i doubt he would go for that.

December 18, 2008.

"Roy is Roy, and if I were to bet my life on a game of 5-on-5, I’d bet on whichever team Roy was playing on." by HurraKane212

by maid tu rek on Jan 9, 2009 8:30 AM PST to parent up reply reply actions actions   0 recs

Question

So even if Miles sues Portland and wins. How much does Portland pay out? Miles is still getting his money from the medical retirement. So if he sues for the salary that the new team would have paid him is that the league minimum?
If it is the league minimum then I would definitely send this memo. I would rather pay league minimum salary vs. spending millions towards salary and luxury tax ramifications.
Am I incorrect in this, and isn’t this just common business practice?

If you let them make you, they'll make you into paper mache.
At a distance you're strong until the wind comes, then you'll crumble and blow away.
- Incubus

by ZooooomByU on Jan 9, 2009 8:18 AM PST reply reply actions actions   0 recs

He'd have to prove lost wages I would assume + punitive dmgs?

Still how’s a lazy dude coming off major knee surgery going to prove he would’ve gotten paid in the future? The evidence is pretty flimsy.

Blazer Fan

by leeroyjenkins on Jan 9, 2009 8:51 AM PST to parent up reply reply actions actions   0 recs

Yeah

The risk is pretty small, even if he wins.

He can try to argue that he would have greater future earnings if he’s allowed to start rebuilding his career this year, and that Portland hurt him. Quantifying that is pretty hard.

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 9:03 AM PST to parent up reply reply actions actions   0 recs

Get over it Blazers

For me this all boils down too the Blazers over reacting. If the Blazers felt that teams are thinking of signing Miles just to put his contract back on their books they should talk to the league about this and not threaten the other teams. This is a league were you have to work with other teams in order to get better. In addition David Stern is not a guy you want to piss off. I think this should have been brought to his attention first and handled from a league stand point.

It feels almost like a bullying statement. It makes me feel like the old regime is back and trying to lay down the law.

Look Portland signed him to this contract. When it became more than clear they did not want to have Darius on the team they had a few choices, cut him, trade him, or try to get him to retire. They decided that his knee was bad enough that an independent doctor might rule that he was unable to play on the knee anymore and could file for a medical retirement. They knew the risks when they decided to go down this road. It was the best choice they had and they went with it. Good for them. But now is not the time to whine about it. The Blazers have made many strides over the past few years. Let’s not revert back, hey you win some and you lose some and the Blazers front office has had quite a winning streak as of late. Perhaps it was time for a loss.

portlandmenonsports.blogspot.com

by Derek @Portland Men on Sports on Jan 9, 2009 8:43 AM PST reply reply actions actions   0 recs

Re Talking to Stern

How do you know they haven’t….Dave doesn’t exactly have track record of sending out press releases for this stuff

Homer: "Yikes....a bear is eating my father!!"
Selma: "I'm Selma"
Homer: "A talking bear is eating my father!!"

by 92wastheyear on Jan 9, 2009 8:56 AM PST to parent up reply reply actions actions   0 recs

Precisely

How do you know David Stern didn’t see this and say, “Yeah, you ought to send it out.”

How do you know David Stern didn’t also send an email saying, “Portland is right, this talk about screwing the Blazers has to stop.”

If you can't convince them, confuse them -- Harry Truman, U.S. President

by jscot on Jan 9, 2009 9:10 AM PST to parent up reply reply actions actions   0 recs

Cause

In the statement Friday that announced Miles had cleared waivers, the league acknowledged it received the e-mail Portland sent to all teams and seemed to indicate that it would support any club signing the veteran forward.

“Under league rules, teams are free to sign Darius Miles to a Uniform Player Contract if they wish to secure his services as a player, and any such contract would be approved by the NBA,” the statement read.

portlandmenonsports.blogspot.com

by Derek @Portland Men on Sports on Jan 9, 2009 10:33 AM PST to parent up reply reply actions actions   0 recs

thats what they sent out publicly

you have no idea what he said to the other owners/gms privately.
Professional decorum

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:36 AM PST to parent up reply reply actions actions   0 recs

In that case...

I’m sure that email would get “leaked” to the press as well.

I like the your handle by the way. That needs to be all over the RG.

portlandmenonsports.blogspot.com

by Derek @Portland Men on Sports on Jan 9, 2009 10:42 AM PST to parent up reply reply actions actions   0 recs

well thanks!

depends who leaked it. If it was the Blazers then yes I agree it would have. If it was Ainge (I suspect him) then of course you dont leak the email that disagrees with you. :)

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:43 AM PST to parent up reply reply actions actions   0 recs

Touche

I’m not convince Ainge is that bright.

portlandmenonsports.blogspot.com

by Derek @Portland Men on Sports on Jan 9, 2009 10:44 AM PST to parent up reply reply actions actions   0 recs

I know he appears to be the favorite in "Guess which GM" ...

… but I have to wonder why. He’s Oregon born and bred. Until relatively recently made his off season home in Oregon. Played for the Blazers, (with , as I recall, most Blazer fans in support of him). I can’t see where he has reason to think he needs to get back at Portland. Some point to the Brandon Roy deal, but he turned that into Kevin Garnett. Others have mentioned Portland getting the #1 pick against the odds. Other than idiot fans and one Bill Simmons, how is that cause to be upset with Portland?

I have no insight into Ainge’s thought process, personality, or psyche, so I can’t determine one way or the other. All I have to go on is that there is no obvious cause or motive for him to do this and from what I have observed of Ainge, he’s always been a person of good character. I have to give him the benefit of doubt on this.

hakkaa päälle !

by timg56 on Jan 9, 2009 11:00 AM PST to parent up reply reply actions actions   0 recs

there is a difference between

seeking his services as a player and seeking his ability to get you a free luxury tax payment

by tingeyga on Jan 9, 2009 12:54 PM PST to parent up reply reply actions actions   0 recs

Precisely

But the real point of the league’s statement is, “Your honor, we know Darius thinks he has been harmed by league collusion, but you will notice the statement we made as soon as this matter became public.”

Why was that statement made after the email leaked instead of as soon as the email was received by the league offices?

Obviously, cover your backside.

I know you can put admiration in bags, because admiration is real, and tominhawaii says that everything that is real is measurable.

by jscot on Jan 10, 2009 1:32 AM PST to parent up reply reply actions actions   0 recs

I miss the old days when Darius used to just chill out eating ice cream and buying cars with

ridiculously large wheels.

Where’d he suddenly get all this motivation to quit eating ice cream?

Blazer Fan

by leeroyjenkins on Jan 9, 2009 9:18 AM PST reply reply actions actions   0 recs

There could be over a million dollars in it for him if he signs a full contract with a team

I’d give up Ice cream for that kind of scratch

This is what Lucas would do. http://www.youtube.com/watch?v=P0aPkIE2qK0

by 123_G.O._RipCity on Jan 9, 2009 9:20 AM PST to parent up reply reply actions actions   0 recs

I'd get a swimming pool full of half baked

And then challenge Michael Phelps to an Ice cream eating contest. That boy can eat

This is what Lucas would do. http://www.youtube.com/watch?v=P0aPkIE2qK0

by 123_G.O._RipCity on Jan 9, 2009 9:22 AM PST to parent up reply reply actions actions   0 recs

I acutally don't dislike Miles, but I disliked him on our team and I don't like when we play by the rules and

getting jobbed for it.

Which is what is happening. I don’t think that many people who have followed Darius over the last couple years truly think he’ll ever be capabale of being a legit NBA player. Then again I guess it depends on what you call a ‘career’

The worst part of it all is that it doesn’t sound like ANY of the parties were ever truly clear on the rule.

Also, ice cream is good.

Blazer Fan

by leeroyjenkins on Jan 9, 2009 9:25 AM PST to parent up reply reply actions actions   0 recs

I think Ainge was clear on the rule all along

I think he is the eastern GM that sent Yahoo in the direction of finding out about the pre season games counting against us And I think that is the reason Miles was on their preseason roster and played in every game.

This is what Lucas would do. http://www.youtube.com/watch?v=P0aPkIE2qK0

by 123_G.O._RipCity on Jan 9, 2009 9:28 AM PST to parent up reply reply actions actions   0 recs

This is crazy.

I don’t think Miles is worthy of a spot on any NBA team. If someone does pick him up now it is completely out of spite or with intentions to ruin our salary situation. There is such a thing as respect among the owners, I doubt anyone will sign him now.

by GUnit on Jan 9, 2009 9:19 AM PST reply reply actions actions   0 recs

In all seriousness I kinda like the target it puts on our back

I wonder if other teams will boo us on the road lol.

Blazer Fan

by leeroyjenkins on Jan 9, 2009 9:21 AM PST reply reply actions actions   0 recs

Well I doubt they will cheer

"When I have the ball, I experiment." #5

by Sabonis4Ever on Jan 9, 2009 4:02 PM PST to parent up reply reply actions actions   0 recs

The "Common Sense" solution

Would be for Stern/NBA to

1. Change the rule; establish a certain number of minutes that resembles “reasonable playing time” in order for the medical retirement to be waived. I’d use a formula, something like 50% of the PT of the average player at your salary over those 10 games (ie, if average $9m guy plays 15 minutes a game; Miles has to log 75 total minutes to qualify).

This would prevent sham ‘garbage time’ minutes simply to get a guy an appearance and a notch in the 10-game belt.

2. Simply declare Miles contract off Portland’s book, unless a “blue ribbon panel” or arbiter deem that Miles’ continued play in the NBA actually was meaningful and indicated that his medical retirement unnecessary.

This prevents any team from “screwing” the Blazers in “bad faith” but does not prevent Miles from playing. It simply states that Stern would enforce the spirit of the law, rather than the letter.

M, period. Fresh, comma.

by manzell on Jan 9, 2009 9:31 AM PST reply reply actions actions   0 recs

My Insane Conspiracy Theory

I wonder if league has wanted to punish the Blazers for their “no” vote against the OKC move. Of course, it’s unprovable, and in this case, teams have a small financial incentive to stick the Blazers also. But in my weak moments, I wonder.

by chnews on Jan 9, 2009 9:32 AM PST reply reply actions actions   0 recs

I doubt it

If anything they would be mad at Cuban. His only reason for a no vote was common decency (weird coming from Cuban). Allen made money off of the rivalry, he is a Seattle native, and I believe he is a decent guy too.

This is what Lucas would do. http://www.youtube.com/watch?v=P0aPkIE2qK0

by 123_G.O._RipCity on Jan 9, 2009 9:34 AM PST to parent up reply reply actions actions   0 recs

Paul A and Larry M BLOW IT!!!!!!!!!!!!!!!!

This action makes as much sense as a small child threatening to hold their breath until they get what they want. All the positive pub about the TB organization wiped away not to mention the repercussions that might occur…ie All Star selection. BAD MOVE!

"The idea is not to block every shot. The idea is to make your opponent believe that you might block every shot." - Bill Russell

by NOWINE on Jan 9, 2009 9:33 AM PST reply reply actions actions   0 recs

uhh really?

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 9:53 AM PST to parent up reply reply actions actions   0 recs

League Office

This should have come from the league office, not the Blazers.
Perhaps there is another, similar, email that states the same thing from Stern.

And…sending it by email is a neat trick. Now, there is a data stream with internal message headers and keywords into every teams email system. Search algoryihms will find references to it and be able to pull much more information in the case of any requests for related communications.

Any team that deletes any email outside of its normal email retention policy (assuming they have one) will now have to explain it. That will look bad for them in front of a judge.

If you shoot the messenger often enough, the message stops being delivered.

by DucRider on Jan 9, 2009 9:36 AM PST reply reply actions actions   0 recs

hahaha

your argument is totally valid. completely logical. and yet precedent says you’re wrong.
The d-bag formally known as Clay Bennett got away with STATING we cant wait to move them, and more or less YEAY OKC, screw seattle. Email trail and all. and got away with it.

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:25 AM PST to parent up reply reply actions actions   0 recs

My take

This is a bit of a threat, but the Blazers do have a point. In the spirit of collective bargaining in the league, going out of your way to harm another team is not a smart practice. This letter doesn’t preclude teams from getting Miles, but if they get him they definitely better actually use him. The Blazers can make a good case that getting Miles and barely playing him is a managerial decision meant to punish the Blazers, not to improve the team that signs him. If that scenario does play out, I think that the Blazers are correct that legal action is necessary and they have a good chance through, at the least, arbitration of getting some of the luxury tax penalty decreased for the Blazers.

Chris Dudley for three!

by wilbjammin on Jan 9, 2009 9:36 AM PST reply reply actions actions   0 recs

I'm not sure what you guys are thinking...

This was a smart calculated move. I highly doubt this is the first time anything like this has been done, its just the first time someone got so pissed they leaked it.
The Blazers will not sue. They would have no chance of winning and they know it. Its not a winnable case because it supposes you could argue for a person’s motives (the GM). Impossible to do.
Its not a threat so much as a notice to GM’s. We know what your doing, and if you do it, be prepared to be blackballed by the community. I would argue that 90 percent of the GMs are on the Blazers sides on this. I think if someone were to get something out of Miles and actually get him some run on the floor, no one would mind, but playing 1 min for two games just to screw with the Blazers, well the entire GM frat would turn on whoever did that. Thats just plain unethical. And once you get the frat against you, good luck making a deal or keeping your job.
I wouldnt however be surprised if the Blazers leaked this themselves. I think it puts pressure on Stern to deal with this publicly now if a GM does this. Its one thing to screw a team behind their back, its a whole nother to do it publicly. Now the public knows exactly what a team would be doing (yes we know it, but the majority of the leagues fans do not) fans of the NBA would put major pressure on Stern to handle this not only logically but with policy change and hopefully some positive repercussions for the Blazers.

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 9:59 AM PST reply reply actions actions   0 recs

PA doesn't really have to prove anything, just make it not worth it to pay out the pooper in legal fees over Miles

Miles isn’t worth it. You know it. I know it. And believe me, the other teams know it.

Blazer Fan

by leeroyjenkins on Jan 9, 2009 10:27 AM PST to parent up reply reply actions actions   0 recs

to win the suit he would have to prove it.

Its more or less a pre-emminant warning that this could backfire and hurt your career if you do it for that reason

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:30 AM PST to parent up reply reply actions actions   0 recs

Maybe PA has taken the position...

If some other team is going to make me pay… I’ll take them to court. And even if I lose, I can afford to lose, while the legal fees may really hurt another owner. Are teams really going to risk that? I think they played it brilliantly.

According to forbes, the 18 mil is 1/888 of Allen’s net worth.

by tmundal on Jan 9, 2009 10:38 AM PST to parent up reply reply actions actions   0 recs

And of course that Adrian guy is the one to post it

Why am I not surprised. /sarcasm

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 10:08 AM PST to parent up reply reply actions actions   0 recs

He gets BCCed by whoever broke the story I suppose

by Norsktroll on Jan 9, 2009 10:10 AM PST to parent up reply reply actions actions   0 recs

Interesting thing is

Dan Gilbert does have a point too. There are a lot of issue’s here, and I think this is going to cause a re-write of the medical retirement provision in the CBA, and cause it to go back to 2 years. I hope that isn’t the case, because that hurts every team, but if the Blazers end up fighting the battle, they will end up losing the war on this one.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 10:20 AM PST to parent up reply reply actions actions   0 recs

I dont think the goal is to fight

more to let the public fight for them

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:24 AM PST to parent up reply reply actions actions   0 recs

I'm not sure I understand his second point.

“"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?”

What does Gilbert mean by “circumvent”? I don’t believe there is any intention of circumvention. The issue, to me, is one of prevention.

This sounds like Gilbert getting a bit ticked off because he never contemplated such a move with regard to Darius and took offense at the implication that he might have. I can certainly understand that and can see myself responding as he did. However these days, I believe I’d do it by phone, not email, unless I wanted everyone to know how I felt. Gilbert very well might have.

hakkaa päälle !

by timg56 on Jan 9, 2009 11:10 AM PST to parent up reply reply actions actions   0 recs

Your 2nd point sounds right

In fact, I’m sure about 25 teams never contemplated it. Maybe that figure drops to 20.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 11:12 AM PST to parent up reply reply actions actions   0 recs

A question for Mr. Gilbert

Are public statements through the media the best way to respond to a private email that someone else leaked?

Perhaps our leaker isn’t Mr. Ainge, after all. Someone wants to hurt the Blazers’ public image here.

I know you can put admiration in bags, because admiration is real, and tominhawaii says that everything that is real is measurable.

by jscot on Jan 10, 2009 1:36 AM PST to parent up reply reply actions actions   0 recs

I have to agree with the Cavs owner...

However I think Portland wanted this public. And even if it pisses some guys off around the league, if Darius doesn’t play its all worth it. And people aren’t going to hold it against the Blazers trying to protect themselves. I think that every team out there really would like to see Portland win this, as they themselves would not want to be in the same situation.

by tmundal on Jan 9, 2009 10:21 AM PST to parent up reply reply actions actions   0 recs

Its a ploy to make sure the public gets on Stern

If they see someone act in bad faith.

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:21 AM PST to parent up reply reply actions actions   0 recs

In that case Great

Donald Sterling would have been jettisoned years ago.

No mistakes in the tango, darling. Not like life. It's simple. That's what makes the tango so great. If you make a mistake, and get tangled, you tango on

by pookeyguru on Jan 9, 2009 10:35 AM PST to parent up reply reply actions actions   0 recs

HA

good one. That made me laugh out loud.
Sterling is tricky. He makes it seem like they are in the running for huge FA every year and pretends they get beat out at the LAST second. poor clipper fans

Blazer fans tell me, where were you,
When our Brandon Roy dropped 52?

by GreatOden'sRaven on Jan 9, 2009 10:37 AM PST