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View Full Version : Portland WILL SUE whoever signs Darius Miles



JR2004
01-09-2009, 04:12 AM
If the NBA ever needs a reminder of why it's the butt of so many jokes and has rapidly declined in popularity over the last decade, here's another reason.

By the way I'm rooting for Mark Cuban to step up to the plate, sign Miles and play him in two games!

http://sportsillustrated.cnn.com/2009/basketball/nba/01/09/Blazers.Miles/index.html

Trail Blazers issue warning to other NBA teams not to sign Darius Miles

By Ian Thomsen, SI.com

The Portland Trail Blazers have issued an unusual warning to rival NBA teams who are thinking about hiring their former player, Darius Miles: Put Miles on the court, say the Blazers, and we may sue you.

"The Portland Trail Blazers will take all necessary steps to safeguard its rights, including, without limitation, litigation,'' wrote Blazers president Larry Miller in an e-mail addressed late Thursday night to all NBA team presidents and general managers. SI.com was provided access to the memo by an NBA team executive.

Miles underwent microfracture surgery to repair his right knee as a member of the Trail Blazers in November 2006. He was released by Portland last April after his injury was judged to be "career-ending'' by an independent medical examiner appointed by the NBA and the players union.

Miles, 27, has attempted a comeback this season, playing a total of eight exhibition and regular-season games with the Boston Celtics and Memphis Grizzlies, who waived him Tuesday to avoid having to guarantee his contract for the rest of the season. The 6-foot-9 Miles had two rebounds and two blocks in seven minutes during his final game with Memphis on Tuesday.

If Miles were to be picked up by an NBA team and play in two more NBA games, his original $9 million salary for this season as well as next season would be reinstated to Portland's official payroll, pushing the Blazers over the luxury tax threshold this season -- costing them millions of dollars -- while hurting their chances to sign a major free agent this summer.

Here is the full text of Miller's statement that was dispatched to rival teams Thursday:

"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.''

A team executive said it was "unprecedented'' for an NBA team to threaten a lawsuit against a rival for signing a player who is a free agent.

The executive speculated that Miles may seek legal action of his own against the Blazers, by claiming that Portland is limiting his right to work.

Miles's agent, Jeff Wechsler, said he could not comment Thursday as he had not yet seen Miller's letter.

BIG BLUE DEFENSIVE END
01-09-2009, 04:15 AM
Originally posted by JR2004
If the NBA ever needs a reminder of why it's the butt of so many jokes and has rapidly declined in popularity over the last decade, here's another reason.

By the way I'm rooting for Mark Cuban to step up to the plate, sign Miles and play him in two games!

http://sportsillustrated.cnn.com/2009/basketball/nba/01/09/Blazers.Miles/index.html

Trail Blazers issue warning to other NBA teams not to sign Darius Miles

By Ian Thomsen, SI.com

The Portland Trail Blazers have issued an unusual warning to rival NBA teams who are thinking about hiring their former player, Darius Miles: Put Miles on the court, say the Blazers, and we may sue you.

"The Portland Trail Blazers will take all necessary steps to safeguard its rights, including, without limitation, litigation,'' wrote Blazers president Larry Miller in an e-mail addressed late Thursday night to all NBA team presidents and general managers. SI.com was provided access to the memo by an NBA team executive.

Miles underwent microfracture surgery to repair his right knee as a member of the Trail Blazers in November 2006. He was released by Portland last April after his injury was judged to be "career-ending'' by an independent medical examiner appointed by the NBA and the players union.

Miles, 27, has attempted a comeback this season, playing a total of eight exhibition and regular-season games with the Boston Celtics and Memphis Grizzlies, who waived him Tuesday to avoid having to guarantee his contract for the rest of the season. The 6-foot-9 Miles had two rebounds and two blocks in seven minutes during his final game with Memphis on Tuesday.

If Miles were to be picked up by an NBA team and play in two more NBA games, his original $9 million salary for this season as well as next season would be reinstated to Portland's official payroll, pushing the Blazers over the luxury tax threshold this season -- costing them millions of dollars -- while hurting their chances to sign a major free agent this summer.

Here is the full text of Miller's statement that was dispatched to rival teams Thursday:

"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.''

A team executive said it was "unprecedented'' for an NBA team to threaten a lawsuit against a rival for signing a player who is a free agent.

The executive speculated that Miles may seek legal action of his own against the Blazers, by claiming that Portland is limiting his right to work.

Miles's agent, Jeff Wechsler, said he could not comment Thursday as he had not yet seen Miller's letter.

While I agree with their position, it seems like it is their own fault for biting off more than they can chew. The Trailblazers need to learn from their mistakes and if they take a hit for it then they will have to learn it the hard way.

Farmersfan
01-09-2009, 09:56 AM
Originally posted by BIG BLUE DEFENSIVE END
While I agree with their position, it seems like it is their own fault for biting off more than they can chew. The Trailblazers need to learn from their mistakes and if they take a hit for it then they will have to learn it the hard way.




It appears to me that Miles has already been paid for his season this year and next year in the form of signing bonus from the Trailblazers. Blazers have every right to either make sure Miles STAYS out of the league or get recooped for their expense. The only reason he is a free agent is because the Blazers were told he was done with basketball so they released him.......(with pay).
Or am I missing something here??????

crzyjournalist03
01-09-2009, 11:14 AM
I don't see how if a team really wanted to screw up Portland, they couldn't just sign Miles and play him for five games or so so they couldn't be accused of signing him just for the sake of screwing up the cap.

crzyjournalist03
01-09-2009, 12:59 PM
Here's another issue to consider:

If no team signs Miles now, couldn't Miles sue the NBA or the Portland Trail Blazers for attempting collusion and violating antitrust laws by making him as a free agent unable to sign elsewhere?

crzyjournalist03
01-09-2009, 05:59 PM
Originally posted by crzyjournalist03
Here's another issue to consider:

If no team signs Miles now, couldn't Miles sue the NBA or the Portland Trail Blazers for attempting collusion and violating antitrust laws by making him as a free agent unable to sign elsewhere?

I didn't call that at all or anything...

http://sports.espn.go.com/nba/news/story?id=3822392

:D

Highschoolfan78
01-09-2009, 06:20 PM
Originally posted by crzyjournalist03
I didn't call that at all or anything...

http://sports.espn.go.com/nba/news/story?id=3822392

:D

Good call! I personally feel that it is immoral for a franchise in the NBA to prevent a once renowned player the opportunity to continue his career.