Reports: Blazers send e-mail about Miles

[G_M]

http://sports.espn.go.com/nba/news/story?id=3820794

I say Cuban should jump on the grenade fo the rest of the owners!!


The Portland Trail Blazers have a message for the NBA's 29 other teams -- don't sign Darius Miles.

Miles If a team were to sign the free-agent forward "for the purpose of adversely impacting the Portland Trail Blazers' salary cap and tax positions," the Blazers might pursue litigation, team president Larry Miller stated in an e-mail obtained by SI.com and Yahoo! Sports late Thursday night.


"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," Miller wrote, according to the memo.
If Miles plays two more games, then his Blazers contract, worth $18 million total for this season and next, would count against the Trail Blazers' salary cap and force the team to pay the NBA's luxury tax. The contract had been removed from salary cap and tax considerations when the Blazers deemed Miles medically unable to play and released him.
The full text of the e-mail, according to the SI.com and Yahoo! Sports accounts, reads:

" '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.' "

Teams had believed the collective bargaining agreement said Miles must play 10 regular-season or postseason games in a season for the $18 million to count against the Blazers. But the league office confirmed to Yahoo! Sports the six preseason games Miles played for the Boston Celtics count toward the 10.

Before the Memphis Grizzlies waived him on Tuesday night to avoid guaranteeing his contract for the rest of the season, Miles played two regular-season games, pushing his total games played to eight.

 

[Variant]

Weird, so is it the guaranteed contract part that's the issue or just the played games or both?

I would think PDX coulda just calledup each GM in person instead of sending out this rather childish sounding and demanding email. I assume they'd have to figure it would leak...

Just, weird... and what kind of legal position would the Blazers actually have on this? So one team can't do anything that might hurt another team? Does this extend to defeating them in a game or a playoff series which feasibly hurts the teams revenues?

Can we sue other teams for making us suck and driving away fans???

EDIT: I guess the key wording is doing something _solely_ to hurt the Blazers. IE signing Miles, letting him play the requisite games then canning him just to mess with Portland. Versus the scenario where you sign the guy because you think he'd actually help you out...

Sounds pretty subjective though. Personally, I don't think PDX would have a very good case on this!

 

[kennadog]

I think it would be darn hard to prove another team signed him with the intent of hurting the Blazers. Seems like Miles would have a better chance of suing the Blazers for hurting his ability to play for any team he coould get signed to. Especially since the Blazers put it in writing.

 

[pdxKingsFan]

I know that the sporting leagues have their own special rules, but if your job or my job did this we'd be set for life when all the legal dust cleared (not that Miles probably already isn't if he had any common sense).

 

[Warhawk]

We need our resident lawyer to weigh in on this one.....

Oh, Brick - we have a question for you!

 

[Monty'sBiggestFan]

I think it would be darn hard to prove another team signed him with the intent of hurting the Blazers. Seems like Miles would have a better chance of suing the Blazers for hurting his ability to play for any team he coould get signed to. Especially since the Blazers put it in writing.

That's what struck me first about this...

 

[nbrans]

"....for tortuously interfering with the Portland Trail Blazers' contract rights and perspective economic opportunities"

The Blazers couldn't find a lawyer who knows the difference between "perspective" and "prospective"?????

 

[SacTownKid]

Wow, this sure isn't fair for Darius Miles. Poor guy, hopefully someone does pick him up.

 

[BritishColumbia]

I think we should definitely sign the guy .... somebody has to punish those punks.

 

[Superman]

I would think PDX coulda just calledup each GM in person instead of sending out this rather childish sounding and demanding email. I assume they'd have to figure it would leak.

I think having it in writing was part of the objective.

And if a team signed him for two games, then cut him, it would be pretty clear what their intent was.

This does seem a bit over the top, but so does the idea of Darius Miles making any sort of contribution to a team in the NBA.

 

[VF21]

I think we should definitely sign the guy .... somebody has to punish those punks.

Yeah. Totally destroying our future would sure teach Portland.

Darius Miles is a loser. Any team that would hire him FOR ANY REASON is not only asking for trouble; they're begging for it on bended knee.

I like the comment from G_M above:

I say Cuban should jump on the grenade fo the rest of the owners!!

 

[BritishColumbia]

Yeah. Totally destroying our future would sure teach Portland.

We do not need to destroy our future .... 10-day contract and 2-3 games and that it it.

 

[kennadog]

Believe me, I don't want Miles anywhere near the Kings, but it would seem like he has a right to play, if someone really wants to sign him.

 

[nbrans]

Yeah, bottom line is that the Blazers got cap relief for a career ending injury that isn't a career ending injury. Screw 'em.

 

[Superman]

Yeah, bottom line is that the Blazers got cap relief for a career ending injury that isn't a career ending injury. Screw 'em.

The NBA doesn't just give you cap relief because you claim a guy has a career ending injury. The claim is investigated and confirmed, and then you get cap relief.

If that guy makes a comeback two seasons later, I don't understand why his contract should still count against your cap. In fact, his previous contract should be terminated in that case. And if he comes back and you want him on your team, the contract picks back up, but if he signs with a different team, you shouldn't suffer any cap ramifications for that. Especially if he hasn't played for two years.

Miles missed almost three full seasons (played 15 games in '05, hadn't played until preseason '08). I don't know why they should have to pay his salary anymore. They were already granted waivers due to his injury. They should be able to wash their hands of the situation.

 

[AriesMar27]

how would signing miles hurt the kings future? the team already sucks... if im not mistaken the team that waived him has a better record than the kings... theyve won 3 more games than the kings... i say that we should pick him up, what do we have to lose? we're losing enough games as it is...

 

[Capt. Factorial]

Miles missed almost three full seasons (played 15 games in '05, hadn't played until preseason '08). I don't know why they should have to pay his salary anymore. They were already granted waivers due to his injury. They should be able to wash their hands of the situation.

Clearly the waivers were not absolute but contingent on the injury being career-ending (at least for the duration of the contract).

So the Blazers are threatening to sue any team who signs Miles to a malicious contract, we can expect Miles to sue Portland for unlawfully interfering with his attempts at employment, the rest of the league is upset...this will all end in tears.

But if we can work a way to get Jerryd Bayless out of it...

 

[Jerryaki]

The NBA doesn't just give you cap relief because you claim a guy has a career ending injury. The claim is investigated and confirmed, and then you get cap relief.

If that guy makes a comeback two seasons later, I don't understand why his contract should still count against your cap.

but the claim was investigated, confirmed, and turned out to be wrong. therefore, i feel like the relief should be rescinded, and that the proper resolution be that miles goes back to portland for the remainder of his contract.

 

[pdxKingsFan]

As far as a "career ending injury" goes this is something of a grey area, isn't it? He was out for several years and can't stick with a team now. He didn't make it past preseason with one team and was cut after 2 games with another. He could certainly keep trying to get on with a 10-day contract with every team in the league but its doubtful he's going to stick anywhere. His career is effectively over, whether he wants to acknowledge it or not.

 

[Capt. Factorial]

As far as a "career ending injury" goes this is something of a grey area, isn't it? He was out for several years and can't stick with a team now. He didn't make it past preseason with one team and was cut after 2 games with another. He could certainly keep trying to get on with a 10-day contract with every team in the league but its doubtful he's going to stick anywhere. His career is effectively over, whether he wants to acknowledge it or not.

Sure, but the league has specific rules defining under what circumstances a team is eligible for a medical waiver. While "career ending injury" is very gray, "must not participate in ten games in any subsequent season" isn't gray at all.

 

[pdxKingsFan]

Sure, but the league has specific rules defining under what circumstances a team is eligible for a medical waiver. While "career ending injury" is very gray, "must not participate in ten games in any subsequent season" isn't gray at all.

This is true. I think the Blazers are wrong in threatening prospective employers of Miles. But if the medical exams and doctors are all in agreement that the injury is at a sufficient degree that should be the end of it as far as the Blazers cap liability goes.

When this all went down, did the Blazers buy out Miles's contract? Is he getting paid regularly and double dipping? I have to wonder if he renegged on his end of the bargain too.

 

[Jerryaki]

i think that this is a good viewpoint:

“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.”

i was indifferent about it until the blazers president sent out that email. now i want someone to sign miles just to screw them.

 

[kennadog]

I'm not sure I buy that. After all a guy in a wheelchair or on crutches for life can still play, too. He just can't play as well.

 

[pdxKingsFan]

i was indifferent about it until the blazers president sent out that email. now i want someone to sign miles just to screw them.

But that would mean he can't actually play and they're just signing him to screw them. I can see why the Blazers are crapping their pants about now.

 

[Superman]

Clearly the waivers were not absolute but contingent on the injury being career-ending (at least for the duration of the contract).

Meh; what it comes down to, in my opinion, is that the doctors told Miles and the Blazers that his condition was serious enough to be considered career-ending. The league confirmed that when they gave Portland benefits.

The way the rules are written right now, Portland is liable for the rest of his contract if he hits that 10-game mark, but I think that's dumb. He sat out due to this injury almost three full years. There should be a statutory limit on how long the player has to sit out for the team to not be liable for his contract. It's like pdx said, the guy's career is effectively done. I know he's trying to hang on, but ten games played in a season doesn't mean much. He has a right to try to come back for as long as he wants to, but it's an unfair burden on Blazers to have to carry his contract any longer. I could see if he tried coming back the next season, but they didn't even file for benefits until he'd been gone for over two years.

 

[Superman]

but the claim was investigated, confirmed, and turned out to be wrong. therefore, i feel like the relief should be rescinded, and that the proper resolution be that miles goes back to portland for the remainder of his contract.

What makes the claim wrong? The guy hasn't played in three years. He can't stick with a team. He's played a total of 72 minutes in eight games; only 9 minutes since preseason. I mean, the guy's career is pretty much over at this point.

If he wants to be the warrior and fight back, that's great. More power. But I don't agree that the Blazers should be held responsible for his contract. Again, he's been out of the league for almost three full seasons due to this injury. He's not exactly contending for comeback player of the year.

 

[FakeInjury]

This is a wierd situation that miles has found for himself. If he wants to play, he should sign with an NBDL team. If he only wants to play in the NBA, then it looks like miles is trying to hurt the blazers more then the blazers want to disturb miles' comeback. The doctors told Miles that he would be in a wheelchair in his old age if he didn't retire, that is 100% carreer ending, if you care about walking.

 

[nbrans]

Meh; what it comes down to, in my opinion, is that the doctors told Miles and the Blazers that his condition was serious enough to be considered career-ending. The league confirmed that when they gave Portland benefits.

The way the rules are written right now, Portland is liable for the rest of his contract if he hits that 10-game mark, but I think that's dumb. He sat out due to this injury almost three full years. There should be a statutory limit on how long the player has to sit out for the team to not be liable for his contract. It's like pdx said, the guy's career is effectively done. I know he's trying to hang on, but ten games played in a season doesn't mean much. He has a right to try to come back for as long as he wants to, but it's an unfair burden on Blazers to have to carry his contract any longer. I could see if he tried coming back the next season, but they didn't even file for benefits until he'd been gone for over two years.

Zydrunas Ilgauskas missed nearly the same amount of time early in his career with foot problems, as did Grant Hill. A statue of limitations would give teams an incentive to refuse to play guys until the statue of limitation is up so they can get out from under the contract. It's one thing when the player is voluntarily retiring, another when he's being forcibly held out and other teams are being threatened simply because Portland wants out from a contract they were stupid enough to give him. And let's not forget that Miles is only 27!

A contract is a contract. Portland has to play by the rules.

 

[Superman]

Zydrunas Ilgauskas missed nearly the same amount of time early in his career with foot problems, as did Grant Hill. A statue of limitations would give teams an incentive to refuse to play guys until the statue of limitation is up so they can get out from under the contract. It's one thing when the player is voluntarily retiring, another when he's being forcibly held out and other teams are being threatened simply because Portland wants out from a contract they were stupid enough to give him. And let's not forget that Miles is only 27!

A contract is a contract. Portland has to play by the rules.

Both Hill and Big Z were in and out of the lineup with their injuries, and neither one was, at any point, declared career ending by the doctors and the teams. The league did not grant either the Cavs or the Magic benefits after conducting an investigation. Completely different circumstances.

Portland wants out from this contract because they have no rights to the guy and he hasn't played for them for three seasons, due to what was determined to be a career-ending injury. Miles' desire to revive his career, three years later, is going to cost the Blazers close to $20 million.

Imagine you get in a car accident, the insurance adjuster declares it a total loss, and the insurance company cuts you a check. Then, some random person buys the car off the junk lot and rebuilds it. Would you want to have to give that check back?

You're right about the possibility of teams keeping guys from playing, but if you simply make it clear that when you claim benefits, you're waiving your right to that player - you have no contract with him any longer - that would take care of that. If said player wants to try to come back within that limited time period (say, two years,) you have no right to keep him from signing with another team. He's a free agent. And if he sticks to a regular season roster for a certain period of time within that time period, you lose your benefits.

I just think it's ridiculous that a team would have to continue paying on a contract for a player they were granted benefits on, especially when it's been as long as it's been for Darius Miles. Like I said, more power to him if he want to be a He-Man and come back, and I wish him the best. But it's unfair for the Blazers to have to pay on a contract that was deemed a total loss by the league.

 

[Superman]

I should also say at this point that what Portland is doing is tantamount to tampering, and if other teams were to go along with it, it would amount to collusion (like MLB owners not signing Barry Bonds, according to certain reports). They are going about it the wrong way, and they may not have any legal grounds for fighting back on this. They would probably have to prove another team's intent to harm them, which likely means that they're going to wind up paying the rest of his contract, seeing as how proving intent would be practically impossible. I just think it's jacked up, that's all.

(Six years, $48 million for Darius Miles has got to go down as one of the worst contracts of the last decade, in any sport. Blazers' fans have to be glad Pritchard is running the show now.)