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Sign Miles asap, it's payback time! Portland and their 41 yr old player!
Portland is freaking out right now, which is awesome. Only someone crapping in their pants would write such a ridiculous memo.
I'm curious how David Stern, Esq. is feeling about this.
And yes, this absolutely violates Miles' rights or 14th amendment rights... or something.
It seems impossible to determine that a team is trying to undermine Portland, and if they are, so what? When was sports supposed to be fair? It's compe ion.
Things were getting boring. This is actually amusing.
Sign Miles asap, it's payback time! Portland and their 41 yr old player!
If he is still available, Spurs should sign him to a 10 day contract starting on February 25th when the Spurs play the Blazers, Cavs then Blazers again... haha.. let his 2nd game be against Portland in Portland... that'd be badass
Let's not forget the memo comes from a franchise owned by a Microsoft co-founder. They're used to that kind of litigation .
I don't know, I found that memo surprisingly stupid. They should be sued from everywere. Not only from Miles, but also from every NBA team and the NBA itself. If Stern don't take action into this it will be worse than the refs scandal.
Portland would be screwed over before then, me thinks.
This is a joke. Funny though. I honestly think this will entice 90% of GM's to work him out in the hope he can play and fulfills some sort of short term need.
it, sign him even if he is .
They wont like being bullied.
The Blazers have been dirty throughout this entire Miles process. Even this summer, they were ignoring federal regulations when trying to scare teams from signing Miles.
Stern ignored it then and he'll probably ignore it now. Here's the article from back in July:
Blazers could come under scrutiny for statements on Miles' condition
Forward looks to play elsewhere, despite suggestion that knee replacement surgery may be in his future
By Dwight Jaynes
The Portland Tribune, Jul 28, 2008
The Trail Blazers, specifically General Manager Kevin Pritchard, may be in violation of federal regulations in regard to public comments about the medical condition of former player Darius Miles.
Miles underwent microfracture surgery on his right knee and has not played since April 15, 2006. After a long rehabilitation period, the team first ruled him unfit to play and then sought an independent physician’s examination of the knee. That physician ruled Miles’ injury was career ending — which was important to the Blazers on two fronts that have to do with finances.
First, the $18 million over two seasons left on Miles contract would not count against the team’s salary cap.
Second, insurance would cover much of the cost of Miles’ remaining salary.
If Miles plays 10 games in the league in either of the next two seasons, however, the Blazers would be responsible for the salary out of their own pocket and be forced to count it against their salary cap.
Obviously, that situation creates an incentive for the Blazers to hope Miles never plays again. And perhaps an incentive for the team to be as negative as possible in describing Miles’ chances of ever playing again – thereby discouraging other teams from taking a chance on him.
“Two doctors said Darius had the worst microfracture injury they had ever seen,” Pritchard said on an Oregonlive.com blog this week. “They would never have him play basketball and the odds of having knee replacement surgery is high. I hear that, and as a general manager, I didn’t want it on my conscience – that I had a kid have to go through a knee replacement surgery. That’s a pretty major surgery. They saw (two bones) and replace (the knee). It’s a bad deal.”
In a story posted April 14 on the Portland Tribune’s Web site, Pritchard said, “The doctors had actually said, ‘If you were my son, I’d never have you pick up a basketball again.’ I’m the kind of GM (that) I wouldn’t want that on my head that he ever had to have knee replacement.”
The problem for Pritchard and the Blazers is that those statements could be a violation of the privacy provisions of the Health Insurance Portability and Availability Act of 1996 (HIPAA). Since the HIPAA privacy rule went into effect on April 14, 2003, pro and college teams in all sports have been very reluctant to reveal specific details of player injuries without the permission of the player.
Most teams have come to the point where they will reveal only whether a player may sit out a game, but not give any specific details of the injuries. HIPAA’s privacy rule prohibits “covered en ies” — often interpreted as employers who provide health care or health-care clinics for employees, which teams do for their players – from revealing health information about those employees without their consent.
“It’s very clear,” one NBA official said. “Without the consent of a player, about all you can say is he is probable to play or not probable to play in a given game. They call our doctors in, sit us down at the start of the season and make these rules very clear to us. If the player wants to make his condition public, that’s fine. But he has to give consent.”
Chuck French, a Multnomah County district attorney, has extensive experience with HIPAA regulations, and he believes the Blazers must have had some form of authorization to release information about Miles’ condition.
“It would seem that they may have exceeded their authority, but I would think that they may have had authorization, from Miles or his agent, to talk about his condition,” French said. “I’d be shocked if they aren’t hanging their hat on some form of authorization.”
Miles’ agent, Jeffrey Wechsler, refused comment. It is believed nothing will come of this if Miles lands a job with another NBA team. And it’s likely he will, given that teams will need to pay him only the minimum salary and, in spite of the local perception of his character, many of his former teammates and coaches believe him to be relatively harmless to team harmony.
However, if he does not sign with another team, there is an expectation that Miles could file a grievance with the league and also file a suit against the Blazers for attempting to restrict the player’s ability to find a job.
“I don’t want to comment on anything,” Wechsler said this week, when asked to respond to questions about HIPAA or Miles’ free-agent status.
Pritchard chose the same course.
“I would not comment on that,” he said Thursday.
1) Portland has basically NO chance at suing another team for this.
2) 14th amendment? That is discrimination-based, which would not apply here.
3) I doubt this in interference with his right to work, since teams can still hire him, and since he is still getting paid by portland anyway.
They're bluffing.
Sign his ass
i dont think theres any legal grounds here.....
contract lawhow can PAUL ALLEN sue a 3rd party (nba team) if its a contract between miles and said nba team....when there was no stipulation in the buyout contract between miles and the blazers stopping him from signing with any NBA TEAM. Its the NBAs fault with the 10 game bs rule, you cant hold that against a team signin miles using him for the remainder of the season or whatever....
Paul can afford the luxury tax...... why go this route.
Pitchard is such an asshole it seems.
They ed themselves over and now threats overs not to do so.
W.T.F?
Wouldn't there be some sort of rule protecting a team and letting them permanently void a contract in the case of a career ending injury?
NM, found it on the net.
Sign him and send Portland a letter saying.. "Thanks for the tip, have fun in 2010!!!"
You've got to be kidding me. These Portland idiots are scared now that some team can make their free agency period a living this offseason, so they are threatening them? That is so stupid.
Just for that, I hope RC and Pop decide to fill up Tolliver's empty roster spot with Miles. It would be badass if it was just for him to play 2 games, just to put it in Portland's face, but it would be even more badass if they let him play a few minutes in, lets say, 15 games, just so Portland can't say that they signed him only to screw the Blazers.
Come on RC and Pop!!!! Holt, don't be a dumbass! Be a badass for once!
This ranks right along side with Cuban suing Nelson for intellectual property rights violations..
someone should sue them for anti-compe ive behavior .....
If Larry Flynt was an NBA franchise GM, he would have the balls to do it.
The only othr person, and I hate to say this, that would have the balls to do it would be Mark Cuban. (Not to mention the stupidity)
The reason why I Dont see the Spurs doing it is two fold. One, Peter Holt most likely doesnt want to spend unessesary money on lawyer fee's regardless if he wins or loses in court, and Two because of the supposed impending lawsuit its a waste of time and money if the guy cant contribute anything, we wouldnt gain anything except doing the other teams a favor by gifting them the projected 250,000 extra while we get .
Its a pretty damn smart calculated response.
That would probably be the thought process behind this empty threat, whoever does it would only help out the other teams in the league and no one wants to do that in a business like this....
*edit*
The only way I see someone pulling the trigger on this is if another team in their (Blazers) conference promises a non-rival team an incentive like a cheap draft pick or something.
Last edited by phyzik; 01-09-2009 at 03:29 AM.
How about McFail...out of bitterness.
i really badly want milies to play 2 more games.... only to see him on the court, or course!
He is such a spectacular player...
Pritchard and Allen have shown they are the greediest people ever. The Blazers already have a so-called "stockpile" on talent. Why do they need to get more benefits from everything?
i hope a team signs Miles just to them up and I use to hate Miles and support the Blazers, but i find myself switching sides. GO Miles!!!
Wow this is the stupidest ing I have ever heard of in the NBA. I hope someone signs Miles to over the Blazers, they deserve it for putting this bull out.
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