Will Miles play tonight? (Merged)

Not according to maxiep.

Personally what you just said makes sense. This is like the Miles situation . . . battle of the experts . . . maxiep says inside sources tell him it's going to happen. Stevenson, lawyer?, says no way. I'll go with Stevenson and think I have half my bet locked up.

What about the other half? And, I don't doubt you, but where does the term "pierce the corportate veil" come from? I'm guessing that is harder to do than getting attorney fees awarded or it is urban legend.

 

None of this is relevant in the actual legal case, and I am still waiting for you to answer why a waiver claim is treated the same way as a trade in the CBA when it does not specifically say so.

 

Because it does specifically say so.

 

So your take is that the NBA can deny guaranteed employment to a union member based on how they feel about the intentions toward (or of) a player that isn't on a roster? Mind you, the CBA mentions nothing about players not under a contract when they mention "circumventing the cap" via a lopsided trade (which, BTW, is exactly what Memphis and the Lakers did last season with Pau Gasol.). I don't see anything regarding waived players being denied to a team willing to pick up their contract, and a case could be made by Miles that the NBA just denied him a large chunk of money by refusing to let him sign a deal and perhaps be traded after 30 days. That's looking at it somewhat objectively, so I know that won't go over well on this board.

The Blazers would seem to have a strong case, and I can't wait to see this unfold.

 

Hey, where did you go, we were just about to finalize this. Come on, I think the board would get a kick out of following this and seeing who has to pay up and eat crow. Even if the board doesn't care, given our interaction, let's do this.

I fully admit I have no inside knowledge and am purely guessing what Blazers will do . . .

I'll PM.

 

Um, that isn't specific. It doesn't address one team being denied a waiver claim while 29 other teams have access to that player.

What I'd like is a list of waiver claims that the league has blocked under the current CBA.

 

I haven't looked into or read much about this wavier claim . . . but do you really think Stern would allow the Blazers to claim Miles and bench for the rest of the season. Never going happen, IMO.

 

Obviously he didn't allow it. That still doesn't mean that the Blazers don't have a legal right to claim Miles under the CBA. He also denied Miles a guaranteed contract, and yet Billy Hunter has yet to file a grievance.

Collusion by the NBA and players' union? I'd add that to a complaint.

 

Claiming a player off waivers is covered under "transactions".

The NBA made it very broad for a reason.

It's hard to not see the Blazers trying to claim Miles off waivers as not circumventing something. It would either be 1. Circumventing Darius Miles desire to play, by sitting him on the inactive list. or 2. Circumventing the medical retirement exception.

The NBA seems to be right in denying the Blazers trying to claim Miles off waivers, according to the CBA.

After Miles plays his tenth game, and the medical exception thing is out the window, and Miles were to be cut again, the NBA would be wrong in denying the Blazers the opportunity to claim Miles off waivers.

 

If the Blazers are concerned by not being able to claim a player waived by another team, they can also follow a grievance process.

Maybe, maybe not. I'm just happy that my thread about it is the #1 return on Google right now for "nba denies waiver claim". #2 is a story by some outfit called Yahoo?

http://www.google.com/search?q=nba ...-us&ie=UTF-8&oe=UTF-8&startIndex=&startPage=1

 

Define "career". Suppose I'm on life-support in a coma and for some reason (perhaps a sentimental desire to honor a wish I had) some owner stipulates that in ten games I should be wheeled on to the court for the time the opponent shoots a free-throw, after which the coach calls timeout and switches a non-comatose player back in. Have I had an NBA career? If so, then BEING IN A COMA is not "career-ending". That is clearly nonsense, and so, by extension, is tying the concept of "career-ending injury" to the decisions of the brass of opposing NBA teams.

I don't even believe this. Are you telling me that if Shavlick Randolph only appears in 9 games this year (and none ever after) then his NBA career ended last year?

All this shows is that the looseness of the term "career" means that they need to come up with a better term.

 

Well, I guess I could see the Blazers file a grievance. I hope they don't becuase while I appreciate Blazers trying to be aggressive about the sitaution, I think they are coming out of this looking like the bad guy. And filing a grievance about not being able to claim Miles so that other teams won't play him, regardless if their is a strong legal position, makes us look like bad, IMO.

But after the email, I'm guessing they will think about it long and hard before taking any public action.

GO Blazers!

 

A legal grievance? Um, why not? I imagine an arbitrator would hear the case.

 

Aren't the Blazers a part of the NBA? I'm not positive if grievance is the correct term, but it seems an arbitrator would be involved, at least initially, and not a court of law. I'd try a CBA approach before I went outside of the NBA system.

What does Joe Smith and McHale signing a contract in violation of league rules have to do with the Blazers being denied a claim of a waived player?

I've looked for other examples of the league blocking a waiver claim and I can't find one. I also can't see any trades denied under the current CBA.