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Miles Gets Sued First

Miles and his agent most certainly operated in bad faith.  While under contract with the Blazers his lack of rehabilitation effort was certainly insubordination.  It appears now that he and his agent conspired to mislead the team and the third party medical professionals that evaluated his recovery.  It seams medically unfeasible that you could have a debilitating injury then play NBA basketball a year later.

If anything this stunt by Miles should be proof that he defrauded the Blazers and should be ordered to compensate them for past earnings as well as void the remaining contract. 

If Miles made no attempt to mislead the medical professionals then perhaps the independent doctors, at least one of which I believe was chosen by the players association, should be responsible for the Blazer's losses.

Next year brings another crop of talent to the league all with more up side than Miles.  He will never earn another contract, certainly not more than a couple of years at the league minimum.  This fraud could jeopardize a substantial golden parachute.  I would hope the threat of forfeiting Paul's money in litigation would encourage another Miles vacation before his next game.

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You would make a terrible lawyer.

No wait… you would make an amazing lawyer. Still, that’s complete nonsense. Did you rummage through his head and pick apart his thoughts? Were you at the independent doctors office? Were you privy to any of the private conversations Darius had with the Blazer and/or his agent?

No?

So basically you just imagined a scenario in which Darius concocted a master plan to screw the Blazers out of money and make Larry Miller look a tiny bit foolish. I don’t think Darius is that smart. His agent cares about being paid, not the Blazers losing money.

by Nick Van Excellent on Jan 9, 2009 11:17 PM PST reply actions   1 recs

yeh ultimately Miles just wants to play ball and we hoped we could pay his way into a

nirvana of no-work-required “job” consisting of sitting home and smoking his pipe (literally) and getting paid money to do it.

It didn’t work…and his desire to play is quite crazy. He’s getting a few hundred grand to ruin what’s left of his knees, and he’s seeming to enjoy it.

Can’t argue with that kind of determination.

If you think I'm insulting you, I'm insulted that you'd even think that I would think of insulting you.

by prezofdeath on Jan 9, 2009 11:24 PM PST up reply actions  

I guess what upsets me the most about Darius Miles Is That...

He flaunted himself all over Portland for 2 years after his injury and was making no real effort to rehabilitate his knee at the training facility but rather rehab it at strip clubs throwing around the money that ultimately Blazer fans and Paul Allen were paying him. Not until the Blazers got better did he start to see a future for the team and wanted to be around them and take credit. He had all the opportunity in the world for help working to rehabilitate and as someone who broke his femur without having insurance, that being me, Im ticked that he threw that away.
      He spit in the faces of Blazer fans who actually thought he was worth the contract he got after he had that one great season. But Like most immature basketball players with a love for money and not for the game, rather than work to get back at that time and show value for the money he was beiong paid by the Blazers, he chose to be the sterotype for everything that most people who dont like the NBA despise! Go Miles! You have earned our Boo’s here in Portland!

by TheOdenator52 on Jan 10, 2009 3:18 PM PST up reply actions  

I guess you are right

I call for removal of all post for which the author isn’t “privy” to private conversations between parties referenced.

It doesn’t take much of a “master plan” to refuse to rehabilitate knowing you make the same either way. You get released with guaranteed money and miraculously recover when additional money can be made.

by drazen on Jan 9, 2009 11:39 PM PST up reply actions  

How did he "refuse" to rehabilitate?

Is he still in a hospital bed recovering from microfracture? Can he walk? Can he run? Can he jump? If he had refused to rehabilitate his knee we wouldn’t even be having this conversation because he would still be on crutches.

You make a better lawyer than a doctor.

by Nick Van Excellent on Jan 10, 2009 12:02 AM PST up reply actions   1 recs

He could've not

gotten fat as hell. That would have helped.

Oden/Pryz
LMA/Frye
WebFoot/Trout
Roy/Rudy
Blake/Bayless
**Champs 08-09**

by BigCelPhone on Jan 10, 2009 2:10 PM PST up reply actions  

Fat as hell?

He actually looks good with some weight on him. He can guard power forwards now without getting pushed around so much.

Ask Al Jefferson. Jefferson is one of the deadliest post scorers in the game. Miles, beefier now, guarded him solo in the post, and came up with the block. But for a foot on the baseline, he would have come up with the loose ball and started the break, too. _ESPN

by Nick Van Excellent on Jan 10, 2009 6:46 PM PST up reply actions  

I dont think anyone is saying

that posts without insider information are in some way irrelevant, but posts with wild speculation, where only insider information could be used to substantiate the claims, should be ignored or at least be in some way rebutted.

If you want to add some credibility to this post then give us evidence that Darius shirked his rehab. Yes, I know he gained a lot of weight, but that is common for any athlete when they can not exercise relative to their appetite, so I would say that in itself is not good evidence. You might try and make the case that his long rehab was due to his laziness, but then you would have to contend with the fact he had a serious surgery that was eventually ruled as career ending by an independent doctor. Also, you would have to overcome articles like the this.

As for making a miraculous recovery, Miles was angling to play at the end of last season before his injury was ruled career ending so you cant just say that he was holding out on the Blazers to possibly get a little more money the following season.

The burden is on you to show that Miles willfully deceived people, and I dont think that is the case.

Life is exhausting when you are this stupid.

by jonestr on Jan 10, 2009 11:15 AM PST up reply actions  

I think you are basically right

I don’t think it was a master plan at all. I think Darius knew he would make the money either way and was enjoying raking in millions and doing nothing. When the team started to look better with the addition of Oden I think Darius felt he would give a token effort. He certainly isn’t the training beast that Bayless, Oden or even Z-bo is but it didn’t seem like he was trying super hard. I think if he could play as well as he did in his last Memphis game the Blazers wouldn’t have sought to seek medical retirement. I think they would have opted to buy him out or trade him for the ever-hot LeBron lovefest Free Agency summer of 2010. His contract would be valuable. He did not however, recover enough to play ball and so Medical Retirement seemed the best option. Darius hadn’t done enough to recover at that point and his knee was and is something that could go at any time. Once he was “retired” I think Darius ego may have been hurt or it might just have been his agent’s voice in his ear. Regardless, Darius magically became very motivated once either his ego was hurt by the retirement or he thought he could make more money.

 It’s possible Darius or his agent want to hurt Portland but I think it’s more likely they are both simply greedy. If Darius had wanted to play so bad and that is his primary motivation, to play in the NBA, he would have worked harder during his recovery in Portland. I don’t think there are conspiracies on either side to either a) force a retirement that wasn’t warranted (Independent doctor) or b) that Darius and his agent planned in advance to double dip and hurt Portland. Once the double dip was possible they decided, hey lets get a few hundred thousand more and maybe millions down the road if we make a come back.

 No one is some super evil genius conspiring to harm the other on either side of this matter. I do think Darius and his agents are punks, just not “Master Plan” creating punks. I also don’t think KP is some evil genius conspiring with the league to take out unwanted players through “fake” medical retirements. All in all it’s quite simple, easily anticipated greed on the part of Darius and his agent and a stupid medical retirement capspace rule has created a ridiculous situation. The outcome I am hopeful of is that the league changes the rule Darius gets signed without impacting PA or our capspace and everyone but the insurance company is happy.

He's Coming! Oden Slayer of Giants

by Idog1976 on Jan 10, 2009 11:34 AM PST up reply actions  

One thing I forgot to add

the only real possible conspiracy in this whole thing is one that is pointed to the in Adrian W. column and the letter from the Blazers. That is a team or teams conspiring to sign Darius with the sole intent of harming the Blazers Cap Space.

He's Coming! Oden Slayer of Giants

by Idog1976 on Jan 10, 2009 11:43 AM PST up reply actions  

If the Blazer's were trying to be all "Cloak And Dagger" about this they

would have been calling the other teams on the phone threatening to send some pipe hittin’ fools over. This was a very public e-mail that was sent with prior league consent. If anything this was way TOO public. Perhaps they should have just contacted the teams that they had heard were willing to sign Darius with the intent to hurt the Blazers cap space rather than copy the entire league on it. Kind of like when one employee is behaving badly so you hold an entire company meeting to vaguely address the one employees bad behavior without mentioning their name rather than just having a private meeting with that one employee.

I'm a little confused by your tactics

by oderiferous emanations 74 on Jan 10, 2009 3:57 PM PST up reply actions  

i think there were more then just one

ide honestly suspect anybody that acted indignant myself

They LIED!!!

http://www.nba.com/news/miles_10_080919.html

by maid tu rek on Jan 10, 2009 4:02 PM PST up reply actions  

I agree but for different reasons

Miles agreed to his medical retirement, correct? can he change his mind? It is irritating that he could end his own career and then restart it without compensation of any kind to the Blazers

"its tough to play with one eye, unless you're a pirate." Delonte West
"una canasta a Pau en la cara" Rudy

by Honka Playboy on Jan 10, 2009 12:19 AM PST reply actions  

As I understand it...

Miles never agreed to be medically retired. It was strange because Darius was talking about how he was ready to get back on the court playing games right before the Blazers sent him to a league doctor. Basically the Blazers waited right up to the point when Darius could physically come back from injury to have him medically retired. Strange, no?

Doctors always tend to err on the side of caution (for legal reasons as much as anything). It wouldn’t surprise me if the doctor wasn’t just being over cautious. If the doctor said Darius could play and then something happened to his knee it would be bad news for the doctor. As far as I can tell Darius didn’t do anything wrong.

by Nick Van Excellent on Jan 10, 2009 12:28 AM PST up reply actions  

If doctors err on the side of caution

and we’re talking about insurance payouts of millions, they are going to be cautious about saying someone’s career is over.

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 4:20 AM PST up reply actions  

not really - - thats the easier side, the side of caution...

Cause if you say nah….you’ll be fine, and he tanks you are on the hook – - if you say don’t play and he does he can still be a hero and overcome even more odds…doc hedged anyway saying he could prob sustain the work but the knee was a deteriorating mess…theres some new stuff they can do for this type of thing tho…he could play for awhile maybe…players wanna play . . . he has plenty of cash to just throw it in…he must (now) have some tremendous drive and heart…prob playing with a sense of desperation that adds value …

As the Blazers said – - this wasn’t about Darius – - It was about teams using Darius for financial reasons to the detriment of the Portland franchise

"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....."

by LetsBlaze on Jan 10, 2009 12:09 PM PST up reply actions  

I don't think so.

If the doctor didn’t err on the side of caution how do you explain Darius playing basketball? Did Darius make a miraculous recovery in the next couple of months? Clearly his knee hasn’t medically retired him, so either the Doctor was flat out wrong or he was just being cautious.

Even if he was going to err on the side of millions of dollars, I would be willing to bet he errs on the side of Paul Allen’s millions of dollars. I imagine the Doctor would feel more pressure to appease the rich famous billionaire rather than the cocky young millionaire.

by Nick Van Excellent on Jan 10, 2009 12:18 PM PST up reply actions  

hes currently able to play

but the assertion was never that he couldnt walk or run or jump or even play basket ball. it was that if he continued to play basket ball, without any cartalidge, he would most certainly have to undergo knee replacement surgery. he is, in effect, a house infested with termites, or a house of cards if you will. not stable. looks fine on the outside, but could very well break at any time.

They LIED!!!

http://www.nba.com/news/miles_10_080919.html

by maid tu rek on Jan 10, 2009 2:03 PM PST up reply actions   1 recs

.

<>

Thats how I remember it. I also remember that Miles didn’t want to play because he felt that something was wrong with his knee. Then the doctors looked at it and said they couldn’t find anything wrong . After that the coach kept putting him in games and he was limping around the court. The local press was suggesting that he was fakeing it. Then later it was suggested he needed mircofracture surgery.

However I’m probably the only person on this board that remembers it going down like that.

Personally I think Darius might be on the good side of a lawsuit towards the blazers and not the other way around. What is going on now might just be the blazers doing what they can to keep Darius from proveing that he can play without futher damaging his knee.

by meatwad3 on Jan 10, 2009 1:50 AM PST reply actions  

that sounds right to me

FWIW

I dont agree that Darius will be on the right side of a lawsuit as he has to prove teams did not sign him for 2 games due to actions taken by the Blazers, and the Blazers will have an equally hard time proving that teams signed Darius only to screw with their cap space and not to get a player on the floor.

Life is exhausting when you are this stupid.

by jonestr on Jan 10, 2009 10:54 AM PST up reply actions  

ive read over 1900 comments on darious miles

in the last 2 dayz. i think i hate myself, i kant stop, i still have about another 500 unread comments tu go

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 10, 2009 5:49 AM PST reply actions  

The answer to your problem

Have no fear maid tu rek, just understand the process. It sounds like your already to stage 4, so it’s almost over

The 5 Stages of D Miles (adapted from the 5 stages of grief)
1. Denial: No way he comes back, his knee is shot. This is just a rumor.
2. Anger: I hate the *&#!@ teams in this league, Ainge, Wallace, die, die die !!!!!!!!!!!!!!!!!
3. Bargaining: It’ll al be okay, we followed the rules, David Stern will step in and retroactively change the rule so we can keep the cap space.
4. Depression: We’re going to be over the luxury tax, and KP is going to trade Roy, LMA, Oden, Rex and Rudy for the rights to Starbury’s expiring contract. D Miles will sue the Blazers, and the team will be moved to Seattle. It’s all over…
5. Acceptance: Okay, losing $9 million sucks, but we still have the best young roster in the league, the best GM, the richest owner, and a big fat expiring contract. All in all, life is good.

Bayless has been testing the fences for weaknesses

by blazeraddict on Jan 10, 2009 9:16 AM PST up reply actions  

i just laft so hard i cried = leval 5 achieved

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 10, 2009 10:24 AM PST up reply actions  

+1

while is sucks that it has all come to this and that we might end up paying his crazy contract. You really can’t blame the guy. Basketball is his life, and it took him a short retirement to realize that. He isnt the first guy to come back from a retirement. If he is good enough to play now, so be it.
I dont see this as him trying to hurt the blazers, he gets paid either way. He just wants to continue his career and prove he can play.
The only way I could see foul play being involved would be if he was signed by a team who would be competing with us in the free agent market and it could be shown that he was signed for the purpose of knocking us out of the runnings. If this is the case the blame would be on the signing team, not Miles. I really dont see how people get off blaming Darius for this.

"Great Oden's raven!" - Ron Burgandy

by danevan on Jan 10, 2009 11:06 AM PST up reply actions  

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