Will Portland Sue the Grizzlies? And if So, For What?
Recently Portland sent emails to the other 29 NBA teams threatening legal action should any of them sign Darius Miles in order to adversely impact Portland's finances.
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.
Undeterred by the saber rattling, Memphis signed DMiles to a 10 day contract anyway.
Am I wrong, or does it seem like Portland is behaving a tad... what's the right word here... dickish? (I know, I know, I'm usually so esoteric. And I I considered 'churlish'. But dickish really is le mot juste. Larry Miller, the President of the Blazers, is behaving of or like a dick.)
Wrong headed as well, it would seem. I mean, I'm no lawyer, but how could anyone possibly prove any malfeasance? If a team signs Miles to a 10 day contract, who's to say whether it was for his basketball skills or to mess with the Blazers cap space?
And when you think about it some more, what if the Blazers could prove that it had nothing to do with basketball? Hypothetically, let's imagine that GM Chris Wallace of the Grizzlies sent a memo to owner Michael Heisley explaining how for $58K now (the amount of a single 10 day contract), they could make an additional $450K at the end of the season, by ensuring they get their share of Miles' Portland contract when his money goes back on their luxury-tax-laden books. Remember, if Miles' $9M contract goes back on Portland's books for this season, basically that $9M goes straight into the luxury tax pool that gets distributed to the 20 or so teams under the tax, one of those teams being the Grizzlies.
Let's say Wallace laid the whole thing out strictly as a money-making deal, like trading for Shaun Livingston and then releasing him, and that they then did it all exactly as this hypothetical memo planned it out, and then cut Miles loose. And then Portland's lawyers find the memo. A ha! Caught you red-handed! So Portland goes to court, smoking gun memo in hand. And?
Portland attorney: This memo proves you did these things which hurt the Portland Trailblazers.
Memphis attorney: Sure does. So what? It helped us. There's no law that I'm aware of that says you can't hurt other organizations while helping yourself. Why are you wasting my time?
So by making these threats, it seems to me that Portland is making their organization look mean and petty, with absolutely zero hope of gaining anything in the process. The organization has been through it's ups and downs - they've only recently overcome the stigma of the Jailblazers and a billionaire owner whining about not being able to make enough money - but they were on such an upswing, it sure seems tone deaf to makes these empty threats now. I mean, for all their success in re-building the team, that was all done through the draft; they haven't actually lured any free agents to rainy Oregon yet. Why are they taking a course that makes them seem unfriendly in the extreme to players?
Taken in the context of everything else that has gone on with the Miles case - Portland's doctors were the ones who diagnosed him as a medical retirement against Darius' wishes, Portland management spread a rumor in the off-season that his condition was much worse than anyone knew - it seems much more likely that it's the Blazers themselves who have a potential legal liability here. In fact, the NBA Player's Association has filed a grievance on Miles' behalf.
Comments
This whole post shows your ignorance. Team doctors did not medically retire Miles, it was an independent doctor appointed by the league and NBAPA
by 4cefedgst on
Jan 10, 2009 5:49 AM PST
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Whole post or team doctors?
If I got the doctor part wrong, I’ll correct it. Sorry about that.
But I seem to be getting a lot of vitriol targeting the ‘whole post’ and ‘useless conjecture’. (Speaking of which, it’s a blog – isn’t it pretty much all useless conjecture? Did anyone come here expecting something else? Clearly it has no use, and clearly it is conjecture.)
The team doctors reference is clearly a minor point in the post. If that’s where your argument with me lies, then I’m thinking that the rest of the post must be ok, conjecture or not.
In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd
by Steve Perrin on
Jan 10, 2009 10:25 AM PST
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You really have no idea what you are talking about… yet that didn’t stop you from offering your completely useless conjecture.
by Willie McCoy on
Jan 10, 2009 6:20 AM PST
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troll number 2
probably the same person
by bestclipfan on
Jan 10, 2009 3:49 PM PST
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Uh ohs
Out come the Jailblazers fans.
If Stern were to be consistent with anti-cap tampering rules, he should take the player’s association protest to heart, pre-emptively reinstate Miles money against Portland’s cap now (its a mere formality anyway at this point), then dock them some first rounders as they did to Minnesota when they tried to play games with the cap.
But this is worse than the Wolves. The Wolves only tried to cheat at basketball. The Jailblazers are selfishly putting every owner at legal risk since if Miles were to not recieve a contract, he could claim collusion. So dumb.
Get me BD and 75 and I'm in
by John R on
Jan 10, 2009 8:49 AM PST
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The Blazers haven't violated the CBA
the Timberwolves did. Very different scenarios.
by Cablinasian on
Jan 10, 2009 9:41 AM PST
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Ya
The Wolves only violated the CBA.
The Blazers are exposing the whole CBA process to collusion claims. Seems obvious which one is worse.
Also, Jim Rome and his fans are lame.
Get me BD and 75 and I'm in
by John R on
Jan 10, 2009 1:39 PM PST
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actually
Cablinasian was a term started by Tiger Woods, and popularized through the Jim Rome program.
I’m not a clone, or a fan of the show… he repeats himself over and over again… loves the sound of his own voice.
by Cablinasian on
Jan 10, 2009 2:38 PM PST
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Not really
Anyone’s entitled to make an empty threat. Any team can sign and play Darius without repercussion. The email is a scare tactic that won’t work and isn’t worth mentioning. The owners are only at risk of the Blazers would follow up on the threat, which they won’t. FYI – it’s not collusion if you are not acting in concert.
by Jax on
Jan 10, 2009 1:56 PM PST
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Eh...
Portland’s doctors were the ones who diagnosed him as a medical retirement against Darius’ wishes
They were doctors hired by the NBA Player’s Association… and they never said he wouldn’t play basketball again. They said if he did he would need knee replacement surgery in a few years.
The Blazers were unwilling to assume the risk of having Miles play and need a knee replacement… another team is using him and ruining his health, against the wishes of an independent doctor.
The real person getting screwed here is Miles.
by Cablinasian on
Jan 10, 2009 9:44 AM PST
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The current rumor
is that the Blazers have a leg to stand on because of the Gm that came out and told Yahoo sports, “Portland is screwed.”…
by Cablinasian on
Jan 10, 2009 9:45 AM PST
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Are you seriously suggesting that they should go forward with a lawsuit?
I’m not a lawyer, but they wouldn’t win, and they need to walk this back as much as possible. You’re a smart guy, Cablinasian. You see that, right?
In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd
by Steve Perrin on
Jan 10, 2009 10:29 AM PST
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Oh, I'm not saying they should sue.
I couldn’t care less about the whole situation… the Blazers will have cap space regardless of Miles. He wants to risk his future health, I guess that’s his decision.
I’m more frustrated by the media getting the story wrong. The independent doctor never said Miles couldn’t play again. He said that if he did, he had a significant chance of worse injury.
If they did sue, it would be ugly. No winners in that debacle.
by Cablinasian on
Jan 10, 2009 10:39 AM PST
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Agreed
In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd
by Steve Perrin on
Jan 10, 2009 11:19 AM PST
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So Portland's the good guy here?
The Blazers were unwilling to assume the risk of having Miles play and need a knee replacement… another team is using him and ruining his health, against the wishes of an independent doctor.
That’s very noble of the Blazers, but I think you would agree that ultimately Miles should have some say in this. I wish I knew more about the history of the medical diagnoses – clearly from my earlier errors, I don’t know enough. But it’s safe to say that Darius Miles thinks he’s healthy enough to play basketball, and one assumes that he has some medical advice that supports that decision. It wouldn’t be the first time that a player had conflicting medical advice. Of course, it cost Reggie Lewis his life, and it would be a tragedy on a smaller scale if it costs Miles his long term health. But it’s not Portland’s decision to make, beyond their own role in it. If they choose not to be a party to it, that’s their decision. But the current actions certainly don’t smack of altruism.
In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd
by Steve Perrin on
Jan 10, 2009 12:18 PM PST
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I was not in favor of the letter sent by the Blazers
which, is rumored to have come from Vulcan Inc., not Larry Miller or Kevin Pritchard. Blazer fans have long hated the Vulcans.
The independent doctor ruled that Miles’ injury was problematic because no cartilage had been stimulated by the microfracture procedure. While Amar’e Stoudemire and Zach Randolph had successfully undergone the surgery, Miles had regained no cartilage. This means that his knee was “bone-on-bone.”
The doctor mentioned that Miles could still compete in the NBA; in fact, Pritchard even acknowledged this fact at the time of the medical retirement. His conclusion, however, was that Miles would need a complete knee replacement if he continued to compete at the NBA level. The lack of cartilage would lead to dramatic problems further down the line.
I didn’t like the letter, and I don’t like the way the Blazers have handled this. My primary issue is that the rule this all stems from is meant to address a different situation. This particular rule comes from Allan Houston, when he tried to return to the Knicks after suffering a “career-ending” injury. The NBA didn’t want him to play for the Knicks and have his salary wiped off their books; thus, they ruled that his salary should go back on their books instead of the Knicks regaining the player without a cap hit.
In Portland’s situation, Miles was advised never to play again, leading to his release. Portland was unwilling to risk further injury, so they released him. As we all know, he was subsequently picked up by the Celtics, and later the Grizzlies.
In the end, the Blazers are forced to take a cap hit because two other franchises were okay with Miles risking his health. If they had risked his health and kept him on the roster, they could have used him as a very lucrative expiring contract, especially valuable because it expires in 2010. Instead, though, we have this gray area.
There needs to be a rule designed to deal with this type of situation.
by Cablinasian on
Jan 10, 2009 2:49 PM PST
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Portland Tried
But in the end, they got their just deserts.
by ghost_ride on
Jan 10, 2009 10:09 AM PST
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Miles got hurt, had microfracture
and didn’t attempt rehabilitation seriously for two years. The independent doctors advised Portland to not have him play basketball, as it would be harmful. They listened to the doctors… Miles is still getting paid.
They obviously are getting their “just desserts.”….
by Cablinasian on
Jan 10, 2009 10:14 AM PST
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excellent point CS!
I have no sympathy for the blazers here… every team is responsible for their own contract obligations.
-They had a contract with miles
-miles got hurt
- then they found a loophole to sign free agents with his oboviously not “career ending” injury.
-miles is oboviously capable fo playing at some level and if playing is truly dangerous to his health he would stop like cat mobley did.
-also, the blazers shouldn’t be allowed to blacklist a guy
injuries happen, as we all know being clipper fans, but get over it, the blazers dont deserve financial flexibility anymore than the clippers- or wizards- do.
by cantthinkofagoodname on
Jan 10, 2009 12:53 PM PST
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Not trying to troll
but it’s important to note that his injury was never deemed “career-ending.”
by Cablinasian on
Jan 10, 2009 2:50 PM PST
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Not a troll at all
I appreciate your thoughtful clarifications on this issue. It’s not surprising that we don’t know all the ins and outs of the situation as well as you (witness my own mistake regarding the doctor) – can’t follow all 30 NBA teams at the same level.
There’s been plenty of hyperbole and misinformation in the national press on the issue – I liked the headline that Portland was trying to blackball Darius – but the use of ‘career-ending’ in the manner above is understandable I would say. After all, the spirit of the rule in question is to provide salary cap relief to a team with a player who can no longer play – whose career had ended, if you will.
In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd
by Steve Perrin on
Jan 10, 2009 4:03 PM PST
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What I meant
is that though the injury was “career-ending,” Darius is still able to run and jump. The issue has always been the risk associated with running on that knee. I was responding to what the original poster had said.
then they found a loophole to sign free agents with his oboviously not "career ending" injury.
Nothing’s changed. The doctors were worried about his knee getting worse… not his ability to run and jump.
In all honesty, I don’t wish Darius any harm. Every time he plays I cringe though… it scares me to think that he’s running around on a knee that could… explode at any moment. I’m not a doctor, but even I know that bone-on-bone is bad.
by Cablinasian on
Jan 10, 2009 4:44 PM PST
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From the Oregonian, April 2008
An independent medical examiner jointly appointed by the NBA and the NBA Players Association examined Miles and determined that the damage to Miles’ right knee is severe enough to qualify as a career-ending injury.
I didn’t hear the doctor use the words career-ending. Turns out, I never spoke to him. But the injury was most certainly deemed “career-ending”.
In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd
by Steve Perrin on
Jan 10, 2009 4:18 PM PST
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Better still
Same article, direct quote from Pritchard:
Given the serious nature of his knee injury, we agree with the doctor’s conclusion that Darius has sustained a career-ending injury.
In this world, you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant. - Elwood P. Dowd
by Steve Perrin on
Jan 10, 2009 4:19 PM PST
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hmmm
yup, had dumb contract
yup, miles got hurt
I’m not sure why it’s a loop hole, it’s simply the rules. A loop hole is when you find a way around the rules.
Miles is capable now, and it’s just a matter of how long until the bones grind themselves to dust.
Agree that the blacklisting was low, but… conversely (and not justifying it) lets pretend you just won a million dollars. You get to see it, play with it, count it… and then after you’re all used to it you get it snatched away. I suspect you might be ticked and attempt to protect what’s yours.
Blazers were stupid for parts, but I suspect that was paul Allen flexing. KP and blazer management seem to smart for that themselves.
Greg Oden, where posters happen.
by ratbastird on
Jan 17, 2009 4:30 PM PST
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Couple of things.
1.) Doctor was independent and appointed by the NBA.
2.) Miles was medically retired because he has no cartilage in his knee. To play him again means he’ll be playing bone on bone. I don’t see how anyone could ethically play someone when they’re doing perm serious damage to themselves like that.
3.) It sounds like Paul Allen may have been in ticked of millionaire mode and had Larry Miller send the letter out. That’s a very unplanned move by the blazers and unlike how they normally operate.
4.) Blazers got screwed. They weren’t underminded with miles. Miles was EXTREMELY overweight and unfit to play in addition to the knee injury. It wasn’t until he left portland that he finally started working on getting himself in shape. he showed no interest in playing with portland and seemed very happy to suck down ice cream and locals restaurants and put on the pounds on portland’s dime.
I doubt the blazers have a leg to stand on, but neither will Miles if he continues to play. Sucks for the blazers who followed the rules and got screwed. If they had known, they would have kept him and buried him just to be safe.
Seriously though, how can you play a guy like that and live with yourself when you know he’s damaging himself for life? That there is bone on bone in the knees.
Greg Oden, where posters happen.
by ratbastird on
Jan 17, 2009 4:26 PM PST
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