According to ESPN.com, The Portland Trailblazers are trying to hinder Darius Miles from playing in another NBA game this season since he will be owed $18 Million dollars for playing in a minimum of 10 games this season.
According to Terence at Black Sports Online, The Portland Trailblazers are certified haters for a mess they created a few years back for signing Darius Miles to that ridiculous contract anyway. You reap what you sow, HATER!
How hard are they hating?
Per ESPN
If a team were to sign the free-agent forward "for the purpose of adversely impacting the Portland Trail Blazers' salary cap and tax positions," the Blazers might pursue litigation, team president Larry Miller stated an e-mail obtained by SI.com and Yahoo! Sports late Thursday night.
"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," Miller wrote.
If Miles plays two more games, then his Blazers contract, worth $18 million total for this season and next, would count against the Trail Blazers' salary cap and force the team to pay the NBA's luxury tax. The contract had been removed from salary cap and tax considerations when the Blazers deemed Miles medically unable to play and released him.
The full text of the email 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 the league office confirmed to Yahoo! Sports the six preseason games Miles played for the Boston Celtics count toward the 10. Before the Memphis Grizzlies waived him on Tuesday night to avoid guaranteeing his contract for the rest of the season, Miles played two regular-season games, pushing his total games played to eight.
So let me get this straight....You want to stop Darius Miles from collecting on money that was promised to him. If he was that important, he would be in a Trailblazers uniform don't you think? You would sue any organization that signs him because you are softer than Yoplait Yogurt and would think that the team maliciously signed him out of spite?
Excuse me Portland, but that sounds like some ol' New York Yankee, let me outbid the Red Sox for the heck of it, type move. The NBA is the thug league, remember? The L doesn't don't do that type of stuff. Yall use to be the NBA version of Law and Order.
Is that even legal? Can they do that?
Terence could you dig a little deeper and see if there is anything that Miles can do.
I did do a little research and this is the reasoning that I came up with.
(mind you I have zero knowledge of Corporate Law)
***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.***
The key term in that statement is Fiduciary Duty. Fiduciary Duty is a legal relationship of confidence or trust between two or more parties, most commonly a fiduciary or trustee and a principal or beneficiary. One party, for example a corporate trust company or the trust department of a bank, holds a fiduciary relation or acts in a fiduciary capacity to another, such as one whose funds are entrusted to it for investment. In a fiduciary relation one person justifiably reposes confidence, good faith, reliance and trust in another whose aid, advice or protection is sought in some matter. In such a relation good conscience requires one to act at all times for the sole benefit and interests of another, with loyalty to those interests.
Since the NBA is a corporation, and everyone benefits from revenue, such moves and interpretations can be made to where teams can not PURPOSELY effect the operation or assets to any entity under the corporate umbrella.
Portland is being petty by making it seem as if they are being violated by the other organizations if they have to pay a player they dont want.
I could imagine that Miles could do something about it. We could possibly be looking at a landmark case here.
I don't even like Darius Miles but that is some BS right there.
Good stuff Terry, that's that bs right there
As I understand it, the Blazers aren't seeking to prevent Miles from getting paid; he's going to be compensated regardless of the outcome because the contract is guaranteed. What they're trying to prevent is the hit they would incur to their salary cap.
eIRcOG
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