Pritch-Slapping Portland
We have quite the interesting thread going on in the fan post below but I wanted to add a few above-the-fold comments on the news that Portland has threatened legal action against any team that may sign Darius Miles with the intention to cost the Blazers a bunch of cap space.
First and foremost, I think this little escapade should move the NBA and the players to revisit the issue of medical retirement. Wolves fans had a first-hand example of seeing Miles play this week and, as 3 Shades of Blue's Chip Crain nicely stated, he gave more to his team than Calvin Booth and Mark Madsen did to theirs. Regardless of any associated legalese, the guy can still play and any claim otherwise at this point misses the basic problem here: medical retirement is screwy and needs to be reworked.
As a philosophical point, and once again ignoring what the legal issues of this situation are, I don't think it is a stretch to say that the Blazers are in the wrong here. They issued a clear threat of nuisance to every team in the league against signing a specific player who is working hard to get back into the league. I don't think the Blazers are stupid and it's hard to ignore what their basic message is here: We'll make your life hell if you cost us cap space and insurance money. Legally, this isn't collusion but it sure is a clear indication of their intent and their belief that other teams will perform a rational actor cost/benefit calculation in order to avoid any legal trouble that may arise from them wanting to sign Miles. In other words, they have threatened a nuclear option and are relying on a form of MAD in order to get what they want. I'll go back to something I wrote in the comment section below:
Diving into the world of political science, today’s reading assignment for everyone here is Man, the State, and War by Kenneth Waltz. Waltz is a neorealist who argues that nuclear proliferation is a beneficial form of balancing behavior because it raises the stakes for everyone involved should nations go to war with one another. I.e., if everyone has the bomb, no one will want to drop it because of MAD. Stretching the analogy, the Blazers have effectively raised the stakes for everyone in the NBA to sign a specific player. They have engaged in a neorealist balancing act and are, while not overtly colluding with other teams, betting on the rational actor model to guide themselves towards a predictable outcome. In other words, they know what they’re doing and you’re splitting hairs arguing that this is in good faith.
Thankfully, the league has responded and it appears that they have given the other 29 teams in the league the green light to pursue Miles.
From a fan perspective, I hope that Miles will be signed and the Blazers will be out of cap space and insurance money. Let's go back to the medical retirement issue for a moment. The entire reason why we're at this point is because Blazers GM Kevin Pritchard was too cute by half in his attempt to clear cap space for the 2009 off-season (doesn't his money come off the books for 2010 anyway?). The Blazers were clear in their desire to protect Miles with medical retirement but now that the financial benefit of this decision has been removed (Miles can play), they still want to play the part of the patriarch and reap the rewards of a decision that no longer realistically applies. When Miles couldn't play, they talked about protecting him. When it turns out that he can play, they talk about protecting themselves. It doesn't take a genius to see what the motivating factor was in both cases: 2009 cap space and insurance money, not the well being of a player who clearly wants to play in the league. Miles can play and his ability to do so trumps a doctor's decision on the issue of medical retirement, especially if he has been medically cleared to play in Boston and Memphis. The guy is not medically retired and this fact should effectively eliminate any benefit granted to Portland on the basis that he is...regardless of any reasons why another club would want to give the guy a shot. Portland is on the books for this money and they should have to pay as they were perfectly willing to accept the favorable alternative should Miles not have been able to come back.
Comments
Here's the big problem with what everyone is saying.
The doctors never claimed Miles could no longer play. They claimed that there was too much risk for another knee injury if he did play.
Him playing token minutes doesn’t disprove that notion. The doctor, hired by the Player’s Association, believed that he could seriously hurt his knee by playing.
by Cablinasian on
Jan 9, 2009 2:47 PM CST
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And at the time of that decision....
…it probably was the right decision. The fact still remains that Portland is willing to take the benefit of the decision when the guy is no longer medically retired. I don’t think they can have it both ways. This is another issue that needs to be resolved with medical retirement. Who gets to pay. I don’t doubt Portland acted in good faith when they made the move on the doctor’s advice. But the guy is still playing and no longer medically retired. They shouldn’t get the benefits of that decision if it no longer applies and they sure as hell shouldn’t threaten legal action against teams that want to give the guy a chance. If he injures his knee again, that’s the player’s risk.
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by Stop-n-Pop on
Jan 9, 2009 2:55 PM CST
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But the Blazers also lose out on the valuable expiring contract of Darius Miles
So they would be getting screwed, in a way. If Darius had never medically retired, the Blazers could use his contract (2010 expiring) like cap space. Because he retired, the Blazers gained cap space instead of the expiring contract. Darius risking injury to play six preseason games and nine regular season minutes ends up costing the Blazers cap space/expiring contract.
The rule was created to prevent players, like Allan Houston, from having their contracts covered by insurance and then rejoining their previous team. The league never envisioned a scenario like this…
In my opinion, Darius hasn’t proven the doctors wrong yet. They never claimed he couldn’t play. They simply said that if he did, he would have serious ramifications later on in life.
by Cablinasian on
Jan 9, 2009 3:04 PM CST
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It certainly is an interesting situation...
…and you make a solid point about the doctor’s opinion. I don’t know how we can gauge whether or not he can play other than that he has made his way into games on 2 rosters. Even if he hurts himself again, there has to be a threshold where he negates any benefits associated with the original doctor’s decision.
BTW: Norsktroll has a good fan post on this here:
http://www.blazersedge.com/2009/1/5/709833/the-darius-miles-chronicle
The World's Leading Exporter of Small Area Quickness
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by Stop-n-Pop on
Jan 9, 2009 3:13 PM CST
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Blazers played with fire an are about to get burnt
Cab,
You have valid points that Portland may get the shaft here. However, they created this mess for themselves by convincing Darius to retire in the first place. As SNP noted, they got too cute with clearing their cap. If they had done what other NBA teams are doing and kept Darius, then they would have the right to his expiring contract. They took a gamble with Darius and are about to lose. Now they definitely need to stay out of trouble with the commish or they could start losing draft picks as well…
by DR_JPK on
Jan 9, 2009 4:09 PM CST
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Does Portland need anymore draft picks?
by Andy G on
Jan 9, 2009 4:20 PM CST
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The point is that the rule was never made to address this situation
it was supposed to keep players from their former teams. It’s a weird situation. I don’t think there is a right answer, given the current CBA.
by Cablinasian on
Jan 9, 2009 4:47 PM CST
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As a tragic and bewildering side note . . .
if I recall correctly, when Malik Sealy was killed by a drunk driver while on the Wolves’ roster, the team received no medical roster or salary cap benefits.
by PoorDick on
Jan 9, 2009 4:19 PM CST
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in the face!!!
The World's Leading Exporter of Small Area Quickness
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by Stop-n-Pop on
Jan 9, 2009 5:22 PM CST
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I wonder if this might become a blackeye for Portland from a potential FA perspective.
Of course, Paul Shirley refers to most NBA players as walking corporations, so maybe it doesn’t matter to them.
by jianfu on
Jan 9, 2009 4:48 PM CST
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I think this
definitely could backfire on Portland in a number of ways. To me the biggie is this: I’m sure the other owners don’t like getting bullied. Given 2 fairly equal deals, I’d be most likely not to do the one with Portland if I were another team.
Then again these are corporations, as you point out; in the end, what wins is the dollar sign.
by plinytheelder on
Jan 9, 2009 5:09 PM CST
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The player's union will file a grievance against portland
http://sports.espn.go.com/nba/news/story?id=3822392
I like Suns’ owner Robert Sarver’s question, “Are you saying we’re not allowed to sign him?”
Cavs’ owner Dan Gilbert also had an interesting response, "I fully understand the frustration you and your team’s ownership must be feeling in regards to this situation, but a preemptive threat of ‘litigation’ directed at all of your partners through a group e-mail does not sit well with me and seems to be incongruent with the spirit of keeping a ‘fiduciary duty’’ and good ‘partner-like duty’ to your ‘NBA joint venturers.’ "
by oblivionspocket on
Jan 9, 2009 5:14 PM CST
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I like this owner's quote from the same article better :)
“It’s a lot of money,” Mavericks owner Mark Cuban told ESPN.com on Friday, referring to millions in future salary-cap space that the Blazers could lose if Miles’ contract is restored to Portland’s payroll.
“For that much, I would be sending e-mails, too.”
by Norsktroll on
Jan 9, 2009 5:17 PM CST
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It is a lot of money, even for Paul Allen. I would like to know though, if the blazers would be ok with another team signing Miles if that team wasn’t signing him for dubious reasons. No team is going to take the same risk Portland is already dealing with, no team is going to sign Darius Miles to an 18 million dollar guaranteed contract at this point. If some team did that, Portland couldn’t complain. As it is, Portland is the only party that is risking very much, except for the insurance company currently paying the 18 million dollars. My guess is that, at most Miles would receive veteran’s minimum to play out this season. That sort of contract doesn’t contain much risk. The imbalanced way risk is spread out between portland and the team that could hurt portland a lot by signing Miles must be very frustrating. However, a team doesn’t have to risk a guaranteed contract beyond this year to show that they have more than completely horrible reasons justifying the signing of MIles. All that has to be done, is to play Miles much more than two times this season. If Portland could simply say, “we won’t sue you if you play Miles in more than half(or maybe a third) of your remaining games or if you give us some other evidence that your signing of him isn’t solely a malicious act against us.,” it would be harder to argue against their current assertions. Would a discussion about this between teams border on collusion?
by oblivionspocket on
Jan 9, 2009 5:37 PM CST
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As I stated in the first thread, I don't think they could and would sue if a team played him regularly through the season
Like the lawyer below said, only when it’s obviously done with the sole purpose of hurting the financial interests of the team.
by Norsktroll on
Jan 9, 2009 5:44 PM CST
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And there's the rub for Portland....
….10 day contract guys don’t get those type of minutes and that’s what he is right now. He’s a 10 mpg guy at best. There’s no way to prove what they want to prove.
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 9, 2009 7:43 PM CST
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However, an attorney with extensive past dealings with NBA teams said that while he expects the league to take action against the Trail Blazers, Portland may have a point.
“There’s at least some argument to be made that you just can’t sign a guy that you don’t want just to hurt another team,” the attorney said. “But I don’t know if that’s been tested … it’s not fair that … one of my competitors should be able to sign a player to a totally phony deal just to screw me up (financially) for the next two years.”
But the attorney allowed that it would be very difficult for Portland to prove that a team signed Miles with the sole intent of harming the Trail Blazers.
http://www.nba.com/2009/news/features/01/09/dose.20090109/index.html
by Norsktroll on
Jan 9, 2009 5:16 PM CST
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But isn't this exactly the point?
To piggyback on oblivionspocket’s interesting comment for a moment, let me ask you this: how could Portland possibly prove that a team that signed Miles was doing so for cynical reasons? Take the Nuggets: their frontcourt players have a history of being, well, pretty brittle. If I were the Denver GM, I could sign Miles with the intention of playing him 1 minute in 2 games…only to have a Nene or Martin go down, in which case I could give Miles 10 minutes a night. However, even if I never played him, or only played him 1 minute in 2 games, I could still claim that I was signing him for insurance purposes (i.e. due to the brittleness of my frontcourt). How could anyone prove otherwise?
To take another example, if I were Glen Taylor (Wolves owner), I would sign him right now, just because he did things against us last week that none of our frontcourt players can do, and he’s cheap. Nothing cynical about that.
by plinytheelder on
Jan 9, 2009 5:46 PM CST
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The standard is "by a preponderance of the evidence". Which basically means, the facts show that the actions are more likely than less likely to have been in bad faith.
As far as proof, you would get depositions from everyone in the front office and remind them that if they perjure themselves, they will go to jail. You can also request any documents relating to the matter. Emails, memos… everything.
by Salem Stephen on Jan 9, 2009 5:00 AM PST up reply actions 0 recs
by Norsktroll on
Jan 9, 2009 5:49 PM CST
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I'm not a lawyer,
but after reading that, I’d say it would be pretty tough to prove a team signed Miles in bad faith…unless, that is, that team were really dumb. (In other words I hope the Wolves don’t sign him! ;) You’d need an email that said “hey GM, owner here, please sign Miles and tell coach to play him for 1 minute twice so we can screw Portland.”
by plinytheelder on
Jan 9, 2009 5:51 PM CST
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It worked with Clay Bennett - no wait...
Yeah, it would be difficult as the attorney said, so you are probably right that they are hardballing to prevent it from even happening. To make it not worthwhile for a team to sign him for ten days just with the purpose of pocketing the 250K.
by Norsktroll on
Jan 9, 2009 5:56 PM CST
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its not going to be worthwhile for the grizz
when they have to spend millions on lawyer and court fees
by trade on
Jan 10, 2009 12:35 AM CST
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It will never happen...
…with the note the league put out yesterday plus the fact they had him already this week and he played well they are well within any reasonable expectation of wanting to have him as a player. They won’t spend a dime on court fees.
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 10, 2009 7:52 AM CST
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this guys just a troll

They LIED!!!
http://www.nba.com/news/miles_10_080919.html
by maid tu rek on
Jan 12, 2009 3:13 AM CST
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The main threat is dealing with a lawsuit, not losing a lawsuit. The legal costs could approach or exceed the price of a veteran’s minimum contract. In addition, nobody wants to deal with the press whilst dealing with a lawsuit. It would be highly unpleasant for management, which is a cost in its own right.
If Portland did lay out parameters for signing Darius Miles without getting sued, this risk would be removed to a degree, which would significantly remove the effectiveness of the email in protecting Portland’s interests.
However, without such conditions for signing Darius without getting sued, Portland looks a lot more like it doesn’t care what a team’s reasons are for signing Darius Miles. One might wonder if they will work to prevent Darius Miles from playing two more games under any conditions. Hopefully though, if a team signs Darius and makes it fairly obvious that they aren’t just going to play him two more games, Portland won’t sue just so Darius Miles’ new team has to deal with a law suit.
In the Blazers’ defense, people have done a lot worse for the sake of 18 million dollars.
by oblivionspocket on
Jan 9, 2009 6:09 PM CST
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Here is Pritchard's true first reaction, if you are interested
by Norsktroll on
Jan 9, 2009 5:44 PM CST
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Steve Aschburner has just written
a pretty interesting column about this issue at si.com. Pretty spot-on, in my view. Here’s the first paragraph:
Not content with having one more player on the court than the Celtics in a recent laughable moment at the Rose Garden, the Trail Blazers now want to dictate who can and cannot be on the floor for all 29 of their rivals.
by plinytheelder on
Jan 9, 2009 6:34 PM CST
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Blazer Board
I couldn’t help checking out the Blazer chat room and found everyone avoiding talking about the whole incident. New uniforms and headbands are more important over there. Ouch! Have to admit it feels good having another FO make mistakes on par with the Minnesota FO :) That email was such a bad idea…
by DR_JPK on
Jan 9, 2009 7:05 PM CST
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I think it warrants additional penalty...
…it’s every bit as jacked up as Joe Smith.
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 9, 2009 7:44 PM CST
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No
the teams allowing Miles to play when doctors said it would result in knee replacement deserve to have their knees replaced.
Portland is getting screwed because they were unwilling to play a guy who would end up hurting himself. A knee without cartilage = bad.
by Cablinasian on
Jan 10, 2009 11:50 AM CST
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If the employee wants to work his former employeer can't threaten other organizations in his industry
I sympathize with what you’re saying but it’s an employment issue.
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 10, 2009 1:49 PM CST
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And it should never happen again
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 10, 2009 1:51 PM CST
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What did they do that was illegal?
What violated the CBA?
"its tough to play with one eye, unless you're a pirate." Delonte West
"una canasta a Pau en la cara" Rudy
by Honka Playboy on
Jan 12, 2009 4:51 PM CST
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Seriously?
Look at the posts below that one…
by portlandpete on
Jan 9, 2009 7:47 PM CST
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Everyone's avoiding talking about the whole incident?
There are 2000 to 2500 posts on the subject at Blazer’s Edge. When the news broke Thursday night the place exploded.
by Corvid on
Jan 10, 2009 4:32 PM CST
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Way to represent
Blazers Edge rules the SB Nation
"The mounting minde that climes the hauty cliftes...Intoxicats the braine with guiddy drifts, Then rowles, and reeles, and falles at length plum ripe" .--- From Thomas Hughes’ 1588 The Misfortunes of Arthur:
by bow4meow on
Jan 10, 2009 6:10 PM CST
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I think the funniest thing about this....
….is that it is in each team’s best financial interest to sign Miles. Why? Because they’d get back more money from the lux penalty than they would spend on his prorated salary. If this is true, a team could sign him without the intention to play simply for a financial benefit a’la Memphis and Shaun Livingston. Portland has absolutely nothing to stand on here because a team could simply stand up and say “we wanted the extra money” and be in the clear.
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 9, 2009 7:54 PM CST
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that line of shady thinking is exzaktly wut the blazers are trying tu protekt themselves from
basikly, your condemning the blazer FO for being “unfair” but extoling the firtues of any other gm that takes advantage of the situation in a clearly, equally or more so unfair manor. very nice
December 18, 2008.
"Roy is Roy, and if I were to bet my life on a game of 5-on-5, I’d bet on whichever team Roy was playing on." by HurraKane212
by maid tu rek on
Jan 10, 2009 10:27 AM CST
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I also don't understand why the Blazers wouldn't sue....
…Boston and Memphis. If someone plays him the next 2 games shouldn’t Boston pay for 60% of the defense? This is absolute nonsense.
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 9, 2009 7:55 PM CST
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Boston had a good faith effort
and really tried to see if he was a contributing piece.
by Cablinasian on
Jan 10, 2009 11:50 AM CST
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The Blazers aren't suing anyone for signing him and playing him
they are suing anyone who is signing him for the express reason of ruining their cap.
by Cablinasian on
Jan 10, 2009 11:51 AM CST
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My comment....
…was more of a joke to point out the ridiculousness of the suit threat.
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 10, 2009 1:49 PM CST
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Nice job.
Hope he works out for you for all the trouble it is causing.
My favorite teams are the Blazers and any team that is playing the Lakers.
by OCBlazerFan1 on
Jan 9, 2009 11:59 PM CST
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I realized (when someone from my home site told me)
that he does not play here. Sorry guys, and gals. Brain fart.
My favorite teams are the Blazers and any team that is playing the Lakers.
by OCBlazerFan1 on
Jan 10, 2009 11:01 AM CST
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You're looking for the team down the Mississippi
The World's Leading Exporter of Small Area Quickness
www.canishoopus.com
by Stop-n-Pop on
Jan 10, 2009 1:50 PM CST
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