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Do it. Somebody sign him. It was an independent doctor. Darius had nothing to do with it. The guy wants to make a living.
This is such ing bull . I know the Spurs won't have the balls to sign him, but maybe some jackass like Cuban will do it just out of spite. That would be entertaining.
Do it. Somebody sign him. It was an independent doctor. Darius had nothing to do with it. The guy wants to make a living.
YOU GUYS! If you don't immediately close this thread I will resort to litigation without limitation. In other words, I WILL SUE YOUR ASS!
Just remember that Paul Allen has enough resources to keep you in court for years and drain your coffers!
you can't prove anything! we will bring out the virtual paper shredders to hide evidence! wahahaha!
Oh he will, he got swindled outta 18 mill, time to get it back. Either way this whole bull unfolds, Darius will have a nice chunk of change at the end of it. And really, what the were the Blazers thinking, this is as dumb as it gets. Uniting the whole league against yourself, what a fail.
Seems to me that if Portland was going to have anyone they could target legally for putting them behind the financial 8 ball on this it would have to be the independent physician that (apparently incorrectly) declared the injury a career ender.
The only reason I think the Blazers believe they could pull of anything so brazen is that they have a ton of young talent on there that literally every team in the league would love to get their hands on. The legal threats sound fairly baseless but the implicit threat that they'd stop taking a team's calls might be enough to spook a few clubs that are thinking about the future. I also wouldn't be surprised if this isn't the straw that breaks the camel's back for some team on the fence and they call Miles' agent just to spite the Blazers after this little stunt.
It's funny you said that...because Cubans name was the first one to pop in my head when I was mulling over teams that would have big enough nuts to pull the trigger.
LOL...How could they NOT think this would backfire?
+1
C'mon, Cuban, do something besides insult the RiverWalk. With all that money you're not gonna have to spend on the Cubs now, this is chump change.
I think a lot of teams hope someone will sign Miles, but no one actually wants to be the team to do it.
Dude, Darius gets his 18 mil regardless. We just don't want it to count against our salary cap. If he has a career-ending injury we get that money taken off our salary cap, but he still gets paid.
My bad.
Why is it a BS rule? If Miles is physically able to play - Portland shouldn't be allowed to just have that terrible contract waived off their books?
, I think his contract should already be back on their cap.
This issue is more complicated than some are making it out to be because it was not a simple release or buy-out of a player. "The injury was termed "career-ending'' by an independent medical examiner appointed by the NBA and the players union."
So, all I need is some doctor to declare me unfit to play, collect the insurance money, and get out of my contract with that team. Then, I can suddenly be OK and play elsewhere??
Don't foget- this guy served a 10-game suspension for violating the drug policy and it was not one that followed a 5-game suspension, so that rules out certain drugs. No way the Spurs would sign him.
I have always had respect for Pop, but if he sign Miles now he will be like a rock star in the NBA.
Do it Pop (you know Cuban is gonna do it, beat him to it)
The 10-day rule is something that the Blazers implicitly agreed to live by, through their vote to ratify the last CBA on the NBA side. After all, the NBA is governed by the teams that comprise it.
I haven't given this a great deal of thought, but I think the back-end consequences of upholding such a claim by the Blazers would be troublesome, particularly to the players' union. Suppose that the Blazers can conceivably prevail on a claim like this one. What stops the Cavaliers from sending an identical letter to the NBA teams in June 2010, saying that any team's choice to sign Lebron James will be considered a breach of that team's fiduciary duty to the Cavs and the league in general and that, though James is contractually a free agent, any effort to ink him to a succeeding deal to weaken the Cavs will be considered a tortious interference with Cleveland's right to obtain a benefit from James? Obviously, the examples aren't exactly the same, but the principle strikes me as quite similar.
Miles is no longer under contract with the Blazers. The Blazers obtained a right to partially void part of the contract and obtained an accounting benefit to boot. By doing those things, their contractual relationship with Darius Miles terminated. By doing it the way that they did, they took a calculated risk that the diagnosis of a career-ending injury might be incorrect; and they knew when they took that risk that the consequence of being wrong on that gamble would be a significant accounting hickey. That consequence, again, is something that the Blazers agreed would apply to them. Basically, the Blazers have no relationship with Miles for anyone to interfere with. And they don't seem to have a right to the protection of a fiduciary relationship as to a risk that they took and which had expressly spelled-out consequences.
But if, despite all of those things, they can have legal recourse in terms of claims for breach of fiduciary duty and tortious interference with contract, any team whose contract with a player terminates -- no matter the basis of that termination, one would think -- could make similar arguments and might actually have a better case than the Blazers have here. That would be a bad result for the players, who would largely be bound to the teams that they've contracted with, and for the league.
I don't think the Blazers have a cognizable claim here. In fact, I think that any lawsuit would be borderline frivolous. 2centsworth is right that the cost of litigation might be enough to scare some teams away from facing that possibility; but most jurisdictions do have rules that permit parties facing frivolous claims to recover damages or attorneys fees. The Blazers would seem to have to include that possibility in their calculations, too.
Kings owners are mob. They can Allen with their mob lawyers until even he is broke.Just remember that Paul Allen has enough resources to keep you in court for years and drain your coffers!
If he still want to play and can then Blazers have no right to tell him and other teams he cannot. They should be penalize draft pick by NBA just for making such statement to press.
Time to put a hard cap rule on these Portland es. Watch their bought talent dissipate.
As far as I'm concerned, the Blazers don't have a legal leg to stand on. You can't prove in court that a team was not genuinely interested in signing Miles for his services. You can't prove spite in court.
The Blazers are trying to wipe themselves clean out of this Miles mess. They should have done due diligence and never honored Miles a contract in the first place, especially with 10 game clause. On top of that, they get to collect insurance money all this time.
I say sign him without hesitation.
Just because a team sign Miles to a 10-day and plays him in 2 games for about 2 minutes does not mean he is physically able to play. That is the issue the Blazers are arguing here. Miles will never play another game in the NBA after this. That equates to a career ending injury. I think it's clear that the intent of any team that would sign Miles is just to screw the Blazers. That is a breach of fiduciary duty.
Now I have to go to the gym to release some of my pent up anger.
i'd like to see the blazers prove that.
Portland will have lawsuits from at least Darius Miles and the Players Union heading their way. Not to mention sanctions from the league - you simply cannot threaten other teams with litigation for simply following your best basketball interest - and possibly a lawsuit from the insurance company.
They'd probably lose every single one. But they're banking on scaring off possible litigants with their big money.
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