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hamb
01-09-2009, 02:29 PM
this is getting better and better!



The Portland Trail Blazers’ threat to possibly sue any team that signs free-agent forward Darius Miles has created a firestorm of reaction around the league.
Cleveland Cavaliers owner Dan Gilbert emailed Blazers president Larry Miller to say he took exception with Portland’s threat.
Yahoo! Sports obtained Gilbert’s email because it was carboned to the rest of the league’s owners and executives.
“With all due respect…although the Cleveland Cavaliers have no interest in signing Darius Miles and will not be signing Darius Miles,” Gilbert wrote, “I find your email quite peculiar from two standpoints:
“1. It’s dead wrong. I believe that all 30 NBA teams were and are fully aware of the terms and provisions of the collective bargaining agreement as to which all teams and the NBA are a party to, including the Portland Trailblazers.

“2. Are legal threats through a mass email the best way to circumvent the known potential consequences that could result from the Trailblazers decisions and actions they took with respect to Darius Miles?
“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 email 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.’
“I would think there has got to be a better tactic than this one.”

GermanFan
01-09-2009, 02:32 PM
http://sports.espn.go.com/nba/news/story?id=3821503

Updated: January 9, 2009, 3:29 PM ET
Miles clears waivers, up for grabsComment Email Print By Chris Sheridan
ESPN.com
Archive
NEW YORK -- Darius Miles cleared waivers and became a free agent. That much was clear Friday.


Yet everything surrounding the Miles affair -- the possibility of him returning to the NBA this season, and the negative salary-cap ramifications he would cause for the Portland Trail Blazers -- took a complicated and controversial turn Friday after the club sent a memo to the 29 other NBA teams threatening litigation against anyone who signs Miles or claims his contract off waivers if it is solely for the purpose of burdening the Blazers' cap.

TrueHoop: The Miles mess
Before Henry Abbott gets to cap space and e-mail missives, he makes the point that Darius Miles is not, and should not be, medically retired. Blog

The matter has been added to this afternoon's agenda at a previously scheduled meeting between NBA and players' union attorneys, ESPN.com has learned.

In a memo sent to its 30 teams Friday that announced Miles had cleared waivers, the league office acknowledged it received the e-mail Portland distributed.

The NBA in its statement also seemed to indicate that it would support any club wishing to sign the veteran forward.

Numerous league executives contacted by ESPN.com suggested Friday that a line in the memo confirming that "teams are free to sign Darius Miles to a Uniform Player Contract" and that "any such contract would be approved by the NBA" are a first in a league-issued waiver notice.

If Miles plays two more games, then his Blazers contract, worth $18 million total for this season and next, would count against Portland's salary cap and force the team to pay the NBA's luxury tax next summer. The contract had been removed from salary-cap and tax considerations when the Blazers deemed Miles medically unable to play and released him.
Miles

"Darius Miles is focused on one thing -- that's returning to play basketball. That's it. He's not focusing on any of those other issues," said agent Jeff Wechsler, who was on the phone Friday morning with union attorneys trying to devise a strategy to confront what many around the league were describing as an unprecedented situation.

Although the Blazers have exposed themselves to censure from the league office for the tone of their note to fellow teams regarding Miles -- as well as a hostile reaction from the players' union -- one team did express some sympathy for their position Friday.

"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."

The Blazers' e-mail, signed by team president Larry Miller, states that if any team were to sign the free-agent forward "for the purpose of adversely impacting the Portland Trail Blazers' Salary Cap and tax positions ... the Portland Trail Blazers will take all necessary steps to safeguard its rights, including, without limitation, litigation."

The full text of the e-mail, according to reports by SI.com and Yahoo! Sports, 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 six preseason games Miles played for the Boston Celtics counted toward the 10.

Before the Memphis Grizzlies waived him on Tuesday night to avoid guaranteeing his contract for the rest of the season, Miles served a 10-game drug-related suspension and then played two regular-season games, pushing his total games played to eight.

Had they not waived him, Miles' contract with Memphis would have become guaranteed for the remainder of the season. It was not clear whether the Grizzlies had planned to re-sign Miles to a 10-day contract after he cleared waivers.

Senior writer Chris Sheridan covers the NBA for ESPN.com.

TripleDipping
01-09-2009, 02:47 PM
Seems like the league just gave the Blazers a big F U, which they deserved.

darkwitzki
01-09-2009, 02:47 PM
Ok Cubes, let's get Miles!

jthig32
01-09-2009, 03:27 PM
The Blazers are being ridiculous. The guy was incorrectly deemed physically unable to play. They don't deserve the salary cap relief they got. That's patently obvious at this point.

hamb
01-09-2009, 03:32 PM
i love the cavs email

MavsFanFinley
01-09-2009, 07:19 PM
I don't understand what Portland was thinking by sending out that email. Stupid move.

I think a lot of teams will stay clear of him only because they want to stay on Portland's good side should they want to deal at some point. I do think some team will sign him just to stick it to them after that email threat though.

AxdemxO
01-09-2009, 09:28 PM
I hope it Dallas...stupid and arrogant email IMO

chumdawg
01-09-2009, 10:24 PM
The league should arbitrate this thing and nullify the medical exemption, which is to say: make Portland pay the freight they rightfully owe (or will have to pay at any rate, if someone wants Miles).

LonghornDub
01-09-2009, 11:04 PM
Memphis re-signed him to another 10-day contract just a few hours ago. Brilliant.

AxdemxO
01-10-2009, 12:04 AM
Hahha suks for Portland. And watch when one of the young player becomes available and Portland cant resign him because of this, watch the Grizz snag him : )

Dtownsfinest
01-10-2009, 12:20 AM
Hahha suks for Portland. And watch when one of the young player becomes available and Portland cant resign him because of this, watch the Grizz snag him : )

It might be a blessing in disguise. They'll have the cap space to grab a guy in the big 2010 class. They should have anywhere from 16-20 million left under the cap. I don't even know why they're stressing this anyway. I thought they would stay under the cap like everyone else until that class anyway.

BGMaverick9
01-10-2009, 11:44 PM
I heard it on PTI and I thought it'd be funny if a team had a home and home vs Portland and you play Miles for 1 minute one game and then 1 minute the other game. That'd be a big F-U to them.

Portland is just bitter and trying to act all mean and tough but they can't do anything about the situation. Teams should be going out of their way to do this, especially in the Western Conference or Pacific Division.

spreedom
01-12-2009, 02:46 PM
What I think is shady about all of this is that it was an impartial league-hired doctor that deemed Miles is/was unable to play physically. If Miles can still play, I think he has the right to... but putting the Blazers on the hook for his salary is ridiculous.

That being said, I still think that e-mail was really stupid to send by the Blazers' management.

fluid.forty.one
01-12-2009, 02:56 PM
F the Blazers.

Kidd Karma
01-12-2009, 03:52 PM
What I think is shady about all of this is that it was an impartial league-hired doctor that deemed Miles is/was unable to play physically. If Miles can still play, I think he has the right to... but putting the Blazers on the hook for his salary is ridiculous.

That being said, I still think that e-mail was really stupid to send by the Blazers' management.

...YEA that doctor should have his license stripped. If anything the Blazers should be suing the league for the tax amount that they would have to pay. Cap space, yea, 2010 is the better year though.