SBD/Issue 77/Franchises

Blazers Threaten Suit Against Teams Over Signing Darius Miles

If Miles Plays Two More Games This Season,
Blazers Must Pay His Entire $9M Salary
Trail Blazers President Larry Miller Thursday in an e-mail to all NBA team presidents and GMs issued an "unusual warning" that the Blazers "may sue" any team that attempts to sign free agent F Darius Miles, according to Ian Thomsen of SI.com. Miles, who underwent microfracture surgery in November '06 while a member of the Trail Blazers, was released by the team last April after his injury was "judged to be 'career-ending' by an independent medical examiner" appointed by the NBA and NBPA. If Miles were to be signed by a team and "play in two more NBA games, his original $9[M] salary for this season as well as next season would be reinstated" to the Trail Blazers' official payroll, "pushing the Blazers over the luxury tax threshold this season." Miller in the e-mail said, "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 [prospective] 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." An NBA team exec said that it was "'unprecedented' for an NBA team to threaten a lawsuit against a rival for signing a player who is a free agent" (SI.com, 1/9). An NBA GM said of the e-mail, "They're daring someone to sign him now" (SPORTS.YAHOO.com, 1/9).

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