Blazers threaten the rest of the NBA [merged]

Well obviously it would take serious research by real attorneys, but if I was an owner of a club and rich, I would call up my legal team and ask what the cost would be and could we recover the costs. I would hope my cleaver team of lawyers would find some way to utilize the attorney fee laws out there to stick it to this person threatening me.

I don't know, but maybe something like this:

ORS 646.638 Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim.
(1) Except as provided in subsection (8) of this section, any person who suffers any ascertainable loss of money or property, real or personal, as a result of willful use or employment by another person of a method, act or practice declared unlawful by ORS 646.608, may bring an individual action in an appropriate court to recover actual damages or $200, whichever is greater. The court or the jury, as the case may be, may award punitive damages and the court may provide the equitable relief the court considers necessary or proper.

(2) Upon commencement of any action brought under subsection (1) of this section the party bringing the action shall mail a copy of the complaint or other initial pleading to the Attorney General and, upon entry of any judgment in the action, shall mail a copy of the judgment to the Attorney General. Failure to mail a copy of the complaint shall not be a jurisdictional defect, but a court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by affidavit or by return receipt of mailing.

(3) Except as provided in subsection (4) of this section, the court may award reasonable attorney fees to the prevailing party in an action under this section.

 

Why did no team sign him to a guaranteed deal prior to this email? Miles may have some legal recourse on moneys lost this year, but you're talking extremely small potatoes compared to the 9M he is receiving... no one is going to extend him anything over the absolute minimum. Thats what he might be able to recoup from the Blazers and I'm sure that they're willing to risk it.

STOMP

 

Not to mention that Miles is still only 27, he WAS highly touted, and had his moments on the court. I mean, we all KNOW he's got baggage. And we all BELIEVE his ability is drastically affected by his injury, inactivity, and . . . whatever. But the 2nd part is sujective at best. Who's to say a team couldn't argue that they think his athletic ability is still there, he's just rusty? He IS only 27.

 

it probably isnt beneficial to him to be signed to short contracts and played for 2 games just to be used as a pawn to fuck with the Blazers cap.

there's a reason why no team has picked him up long term.

 

the X-Rays of his hamburger knees and league appointed Doc's professional opinion seem to be quite a bit more then subjective evidence.

STOMP

 

From Miles perspective, or more so a lawyer's persepctive: How do you know he is limited to a one year minimum contract.

An argument could be that the average career of a NBA player is very short . . . to deny a player in his occupation to work for a half season is equvalent to denying someone work for five years. That would kill anyone's career.

This is the most crucial year in Miles career. This is the year he was going to prove to somne team that the Blazers are wrong about him. Given the nature of the business you have a very short window to take advantage of. It was Miles hope to show other teams the Blazers were trying to circumvent his career, and to work for minimum pay in hopes of gaining a extened contract with a team. Blazers have denied him that opportunity. Miles became depressed due to the Blazers action and suffered emotionlly which caused a major setback in his rehabilitation and attempt to return to the NBA . . . one that he could not overcome in the shoret time he would have to given the short careers NBA players have.

Allen is not the only person who can play hardball. I don't even mind Allen playing hard ball and applaud. But threatening letter just piss me off and think it was a wrong call by the organization.

I can tell you (on a much diferent monetary scale) that I recieved a threatening letter and made it my objective to make that person's life a living nightmare . . . so obviously this topic touches me on an emotional level.

 

The court "may". Not should or must.

Judges rarely award attorney fees.

 

I don't think the nba can penalize us because we didn't break any rules. We were ballsy, very bold, and very unprecedented in our approach but we did not violate the CBA in this email.

Minnesota is the only team I can recall being penalized in draft picks and they were because McHale is so incompetent he WROTE in Joe Smith's contract that they would sign him to his small contract then give him the max next year (or something very similar). Which was illegal.

 

Wow, I come on here expecting a slow news day...

My initial reaction was that this is a punk move by the Blazers. I don't like that we're essentially blocking a man, who I've 'hated on' to no end in the past, from seeking employment.

I hate the fact that another team can screw us over by signing him, and that that would be the main reason, if not the sole reason, they sign him, but I believe it's just business. If I was another team in the west I'd do it without hesitation. Now, after I've thought about it for a bit, I don't dislike what the Blazers are doing as much, because it's also 'just business.'

I guess what I hate is that someone is getting completely screwed, no matter the outcome, and it's the leagues fault. I hate that the league has brought this mess on us and now it's shaping into a Blazers vs. everyone and will probably paint us as the bad guys. But really, what are we supposed to do? Just sit back and take it? His injury was deemed career ending and his comeback could totally derail our plans. The whole scenario is stupid.

 

What I'd be interested to know is to what extent this would be considered tampering. If the league had a way to penalize the Blazers, I would think that would be the one to do it with.

But I'm guessing the Blazers have looked at this scenario thoroughly.

 

But it happens, and I would want to know from my lawyers, is this one of those instances. Becuase what Allen is suggesting he will sue about is cetainly a rare and unique lawsuit where a judge might feel it's appropriate.

I would hope a judge would award attorney fees where they feel the other side is using their money to bully others around.

 

Canzano interjects:

http://blog.oregonlive.com/johncanzano/2009/01/the_blazers_and_their_threats.html

 

Well fuck!!!!! I sorta agree with Johnny boy

 

No, the league can't do a damned thing except to support our side of it. It was their doctor that said that Miles injury was career ending. Don't underestimate how important this is.

 

That's a good point. Also a Dr appointed by the players assoc.

 

Case closed..

 

They can't, Ed. They picked the Doctor, they have to live with the results.

 

Here is what the NBA says about it

http://sports.espn.go.com/nba/news/story?id=3821503

 

Looks like we're already starting to make 'friends' with this...

http://sports.yahoo.com/nba/news;_y...=aw-gilbertresponse010909&prov=yhoo&type=lgns