basketball092

No Miles of smiles for Darius E-mail
Written by Don   
Friday, 09 January 2009 16:16
I am aghast at the threat that the Portland Trail Blazers are trying to hold over the rest of the NBA at the moment.  Don't play Darius Miles or we'll sue you?  You have got to be kidding me.  I understand why they'd be keen to keep him from playing two more games, but for them to declare that they will possibly litigate against a team that signs Miles is just ridiculous.
Miles
Back-tracking for those that don't know, should someone pick up Darius Miles, and he plays a total of 2 more games, the money that Portland owe him via contract will go back on their books, making them responsible for $18 million over the next two seasons.  Effectively killing their status as a free agent destination of choice.  Speculation is rife that there are quite a few franchises who are keen to do just that (sign Miles, play him for 2 games then cut him), merely to slow up the blazing Blazers.

Portland have responded with:

"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 by 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."

What about the safeguarding of the rights of Darius Miles?  Surely a statement like this has a major impact on his ability to earn a living playing basketball.  What's fair, is fair.  No-one else put them in this position, and Portland benefitted immensely by having Miles' $18 million come off their payroll.
Should that go back on, they have no-one but themselves to blame.  This threat of legal action is nothing but a smokey - I'm no legal expert, but they really don't have a leg to stand on.  Any team signing Miles can assert that they wanted to try him out - and then decided that he wasn't a fit.  Surely the onus of proof would fall on Portland to prove that said team's motives were other than that.
And you know what?  I think someone will sign Miles...

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