Must Read Material For Any Basketball Fan…or anyone, really…
By mW on January 12, 2009
One of the best posts of the year over at Hornets247: Remembering Bobby Phills. Read it.
grassroots growing strong
By mW on January 12, 2009
One of the best posts of the year over at Hornets247: Remembering Bobby Phills. Read it.
By mW on January 10, 2009

Hey Trailblazers’ fans, remember this pic? Darius and his wife at the signing conference? The travesty that is “medically unfit to play” and the Curious Case of the Disappearing Salary? Well the strange saga that began on April 14, 2008, is all about to end, the final chapter hopefully written within the next two Grizzlies’ games. Darius Miles, once a top NBA prospect, has been the center of recent controversy, and with his salary about to land back on the Trailblazers salary cap, Blazers’ president, Larry Miller, thought it would be a good idea to send a letter to the other 29 teams in the League threatening legal action. It was a pathetic attempt to try and assert that the Blazers had any legal ground to stand on in making this threat, which only served to question why they had been granted this exemption in the first place. Here is Darius’ take on it:
“They made a decision on the career-ending injury, they made it for the organization, but I felt they didn’t have my best interests at heart. I don’t have to prove anything, because I always knew I had the skills to play at this level. But it did make me hungry and fired up. I really wanted to go to a great situation, if I did get another chance.”
(Courtesy of Boston.com) And Miles got another Chance early this year, after two years with no on-court action, with the Boston Celtics. But after playing in six preseason games, with 14 guys already holding guaranteed contracts, and with only one spot left for either him or Sam Cassell, well, we all know how that ended. (Which, considering that Sam Cassell has yet to play this year, and the Celtics bench is weak, one has to question.) After that, there were rumors that the Clippers were interested, and why wouldn’t they be? (Incidentally, could Miles be any worse than the guys riding their pine?) That never happened, though. Nor did any other team take a chance on Miles. Don’t forget, there was also a 10 game suspension hanging over Miles’ head for a violation of the League’s substance abuse policy even if he made a roster. Honestly, by this time, most teams already had full rosters. So Miles’ dreams of returning to the NBA appeared over.
Until the Grizzlies rolled the dice. In December, they gave this 27-year-old, who hadn’t played in a regular season game since April 15, 2006 a chance. After two more games, Yahoo leaked that the preseason games that Miles had played were significant. Miles playing in 10 games proved that we was not medically unfit, and so his salary in 2008-09 and 2009-10, which were already guaranteed, would go back on the Blazers salary cap. The Blazers had previously asserted this meant 10 regular season games, and no one had bothered to check the actual rules, until Adrian Wojnarowski reported that the preseason games had counted against the 10-game count.
And let me tell you people, with Miles salary back on the cap, the Blazers’ outlook is not pretty. Already at $70,060,316 in team salary (just under the luxury tax of $71.15 million), that figure would balloon to $79,060,316, meaning that the Blazers will be paying $15 mil in luxury tax if they don’t slash salaries (dollar for dollar double the amount over the luxury tax threshold). Yet the Grizzlies cut him after he appeared in two games. TNT’s David Aldridge said both Celtics and Grizzlies sources had told him, however, that Miles “didn’t have any physical limitations brought on by the microfracture surgery he underwent on his right knee in 2006.” Speculation was that the Grizzlies had only cut him because they didn’t want to guarantee his contract all year, that they were hedging their bet on Miles.
With Miles only needing to play 2 more games to put his salary back on the Trailblazers cap, and terrified that the initial travesty (getting Miles off their cap space) would come back to bite them in the ass, the Blazers threatened the other 29 teams with a lawsuit if they signed Miles just to screw them under the cap (the full letter can be found here), alleging two causes of action: (1) breach of fiduciary duty to a joint venturers; and (2) tortious interference with their contractual relationships. One Western Conference GM said, “They’re daring someone to sign him now.” Maybe. But I think the Blazers’ lawyers are just stupid.
Here’s how it works in Oregon, where Trailblazer contracts are likely interpreted:
“To prevail on [a] claim for intentional interference with contract or prospective advantage, [a plaintiff] would have to establish each of the following elements: (1) the existence of a [contract], (2) intentional interference with that [contract], (3) by a third party, (4) accomplished through improper means or for an improper purpose, (5) a causal effect between the interference and damage to the economic relationship, and (6) damages.”
(As stated in the case, Leif’s Auto Collision Ctrs., LLC v. Am. Family Ins. Group, Inc., 2007 U.S. Dist. LEXIS 78811 (D. Or. Oct. 22, 2007).) So, obviously, there was a contract (1), which would be affected by a third party if another team signed and played Miles (3), which would, of course, damage the Blazers under the luxury tax implications (6). But what the Blazers would never be able to prove are elements 2, 4, or 5, without any one of which they cannot make their case. First, to prove “intent” to damage another team (2), rather than simply hiring a capable player is the inverse of trying to prove an at-will employee was fired for an illegal purpose: short of the alleged offender coming out and admit it, it’s almost impossible. As for “improper means” (4)? Under Oregon law, any “legitimate business purpose” will satisfy this requirements. Miles is 6′9″, 235 lbs., and had so much potential he jumped to the NBA straight from high school. What more would you need to say. Oh, and just for the nail in the coffin, the causal relationship (5), I’ll let one Eastern Conference exec close it:
“The point that everybody is missing is that this isn’t about Portland’s salary cap. It’s about whether [Miles] is healthy enough to play or not. He obviously is healthy enough to play. It doesn’t matter how good he plays. He can still play, and they said he couldn’t. Portland received benefits when [Miles’] injury was ruled career-ending. If he can play, they don’t deserve to have those benefits.”
(Courtesy again of Yahoo.) That’s the bottom line. The Blazers have tried to argue they deserve something that they never deserved. So it has taken Miles three years to get back to playing shape. So be it. But you have to question why the Blazers couldn’t get him into playing shape, when other teams with little incentive could. Miles himself said: “It was a long two years. I felt I could have played last year, but that wasn’t in the [Blazers'] plans. It was real frustrating.” Pretty sheisty if you ask me, could it be his association with the old “Jailblazer” team? I don’t know. But the team exposed a dark side of the business, and they got burnt. Guess what, in the NBA most contracts are guaranteed, that is a fact of life. So why should one team get out from under the salary cap implications of serious injuries to high-priced players when other teams don’t? They shouldn’t.
As for the Trailblazers’ assertions of violations of Fiduciary Duties by a team signing Miles? Equally stupid. Especially as to joint venturers, who have lesser duties than corporate officers or other business partners actually working together to a common goal. But the joint venturers in the NBA are all working together to work against each other. Follow me? Yeah, they all want to make money, but they each want to step all over the other 29 teams to get there. What duty did the Jazz have not to steal Boozer away from the Cavs? None. It’s every team for itself. The only way they could really be harming each other’s fiduciary duties is by supporting other basketball leagues over the NBA. Besides, on this matter, Oregon law is going to take into account the “Business Judgment Rule Defense,” which provides that:
It is a presumption that in making a business decision [the person] acted on an informed basis, in good faith and in the honest belief that the action taken was in the best interests of the [business]. Thus, [such] decisions will be respected by courts unless the [persons] are interested or lack independence relative to the decision, do not act in good faith, act in a manner that cannot be attributed to a rational business purpose or reach their decision by a grossly negligent process that includes the failure to consider all material facts reasonably available.
(As stated in the case, HLHZ Invs., LLC v. Plaid Pantries, Inc., 2007 U.S. Dist. LEXIS 78817 (D. Or. Oct. 23, 2007) (emphasis added).) Guess what, a good lawyer would argue that pushing the Blazers over the luxury tax is a rational business purpose within the competitive NBA joint venture. Or maybe finding equity in the Blazers being denied an award they clearly didn’t deserve (getting Miles off their cap), and equalizing their rights as compared to the other 29 joint venturers is a rational business purpose. Or also that whole 6′9″, 235 lbs., high school phenom thing. Please. Blazers, prepare yourself for the return hit.
The Blazers empty threats didn’t work. Miles is signing a 10-day contract with the Grizzlies today.
From a legal perspective, it’s fortunate for Trailblazers that the Grizzlies have re-signed Miles, because if no one did, he’d probably have a claim under unfair trade practices laws. As it is, no one is happy with their overhanded (and stupid) methods. First, the League made it clear that any “Any such contract [signing Miles] would be approved by the NBA.” Then, the Cavs’ owner called the Blazers, “Dead Wrong.” Further, players’ association director, Billy Hunter said: ”We are shocked at the brazen attempt by the Portland Trail Blazers to try to prevent Darius Miles from continuing his NBA career.” Hunter added (as argued above) that the Blazers litigation threat was frivolous, and “a clear violation of the anti-collusion and other provisions of our Collective Bargaining Agreement.” SI.com also reports that the players union will file a grievance against the Blazers.
This is one basketball fan that will not cry when Miles’ $9 mil a year goes back on the Trailblazer cap for this year and next. I was incensed when they got this exemption. It seemed to get swept under the rug, too. Listen, I like the Blazers, I really do. This is nothing personal. But as quoted above, Miles is medically fit to play, so they don’t deserve the exemption. Plus, I’ve always liked Miles, and have always been disappointed that he never broke out. Always like the trademark head thump thing he and Q-Rich did as Clippers, too (which both have kept doing elsewhere). Why not? Plus, like I said before, I believe in giving guys second chances.
Make the most of yours, Darius.
By ticktock6 on January 9, 2009
… but this blogger just said it 100% better: “Hey, LeBron, here’s 10 better ways to use your chalk.” For instance, #7:
Perhaps Lebron could get his whole team involved – he is supposed to be unselfish after all – and have everyone tossing up chalk at the scorers table. It would lead to a cool illusion where for 3.5 seconds Zydrunas Ilgauskas would completely disappear.
I nearly snorted gin and tonic out my nose. When someone is being way funnier than me, I recognize. Shout out to Truth About It for the link.
By mW on January 6, 2009
…if you haven’t seen it, you should. Technically, it has to do with our foes tonight, the Lakers.
By ticktock6 on December 30, 2008
No, seriously. Have you seen the ads for this? Because today is LeBron James’ 24th birthday, they’re doing 24 hours of LeBron, “a full day of around-the-clock LeBron-centric programming featuring games, highlights, classic performances and exclusive access to the Cavaliers’ superstar.” If you have NBA TV, you know I’m not making this up. It’s ridiculous. Here’s the network’s schedule for yesterday and today.
You know what? I have nothing against LeBron. He’s a great player. But the hype machine surrounding him is wearying. Handing out confetti to fans to throw like he throws chalk (a gesture which, as we’ve griped about before, he appropriated rather than invented)? Basketballs placed mysteriously all over the city of New York? I’m sick of him, and I don’t even think I’ve viewed more than one Cavs game this year. No, seriously. The only one I’ve seen is when they came to New Orleans Arena to play the Hornets. So explain to me how I’m so over him. Explain to me how I think, “Cavs… ugh” and switch to another game.
Could it possibly be the ubiquitous chalk commercial? Like, can I watch sports for 4 minutes without seeing this ad? Please?
So really, whenever I see the ad for this 24 Hours of LeBron nonsense, I just laugh. Because how is that different from every other day of life watching the NBA? Obviously, whoever came up with this campaign has a poor sense of irony. Or maybe not. Maybe they’re evil and trying to taunt us.
Really, my favorite thing about the NBA.com/Nike “Happy Birthday LeBron” article feature commercial is this quote that appears near the bottom: “I’m young,” James said. “But I’ve got an old soul.” BWAHAHAHAHA! That is just one of those things you aren’t really allowed to say about… yourself. Others can say it about you, yes. It may even be true. But how full of yourself are you, to claim that about yourself? I cringed reading that.
Whatever, NBATV. Way to completely whore yourselves out to Nike.
We can top this, though. Oh yes, HornetsHype.com can. What Hornet birthdays are coming up?
By mW on December 26, 2008
Ho, ho, ho, and all that holiday whatever. It’s snowy in NY and 29 Farentheit, unlike Nola, where it’s a cloudy 20 Celcius. Although I am a natural devil’s advocate, who springs into optimism when confronted with waves of doubt, and a cynic when everyone else is on cloud nine (where does that saying come from anyway, what is “cloud nine”?), the internet has fallen silent like it was the night before Xmas, so I’ll just reflect on a Black Friday Redux abbreviated and not-really-at-all-daily version of our S#*t List here and now:
But all said, Hornets’ fans, there is something to be happy about. Despite our high expectations for this season, and despite what some call “struggles”, at least we’re not the Wizards. Now that is a last-year-playoff-contender this-year-a-really-really-really-struggling team. So it could always be worse. Besides, some teams come late to the party and make long runs through the Playoffs. Not to mention, that we still are poised to end up as a 2-5 seed without making a massive surge foward. I believe.
Geaux Hornets!
By mW on November 29, 2008
Like every other sports pundit in the world, it seems, the TNT crew was talking last week about the Summer of 2010 (say it twenty-ten and hear Bryan Adams). Barkley, speaking his mind, as always, called out LeBron. He said he was disrespecting his teammates by even entertaining talk about his free agency two years away. He wondered aloud what his current teammates must be thinking. Barkley reiterated this stance last Wednesday on the radio, saying:
“If I was LeBron James, I would shut the hell up. I’m a big LeBron fan. He’s a stud. You gotta give him his props. I’m getting so annoyed he’s talking about what he’s going to do in two years. I think it’s disrespectful to the game. I think it’s disrespectful to the Cavaliers.
LeBron, clearly, could care less. Instead of saying anything about his teammates or the next two years he is under contract, instead responded: “[Barkley]’s stupid. That’s all I’ve got to say about that.” Wow. Inspiring. But who knows, maybe Bill Simmons is right, when he posited his pet conspiracy theory:
Team LeBron is making everyone think they have a chance at LeBron in 2010 so multiple teams clear cap space and weaken themselves competitively in the short-term (like Detroit did) … which inadvertently gives Bron a better chance to win a title over these next two years!
Maybe. Who knows? But that’s the point, no one knows. It is the future. Why aren’t we focused on the great basketball being played now? The moves that might be made now? In the same vein, why hasn’t Stern stepped in? Is he just so happy that people are constantly talking NBA that he doesn’t even care about the game itself? Is he that invested in global marketing and bottom line concerns that he doesn’t even care about the game? Is that crazy or is that possible? One thing’s for sure, it’s something the media just can’t let go of.
Case in point, today’s NBA Home Page on ESPN is “The Cap Deals,” focusing on the contracts of Bibby, Odom, and Kidd. I get that financial realities are things GMs are concerned with; and because that’s real, the media has a legitimate concern with it. And at least these are all contracts that expires this year. But it doesn’t take long for the article to get to 2010. Sure, this is just one day, but now a days, it’s hard to go to an NBA web page and not find a reference to the summer of 2010. It’s lame.
Thus, I propose the Barkley Corollary: if LeBron should shut the hell up about 2010, so should everyone else. Only the GMs know their long term strategies, and they don’t like to talk about those things. Ask Jeff Bower. The man never gives a straight answer on personnel moves. Nor should he. So the rest of us, who can supply absolutely no facts, should shut the hell up about it.
The present is full of good basketball. That’s what I’ll concern myself with.
By mW on November 22, 2008
Okay. Seriously. We’re 10 or so games into the 2008 basketball season, and the most significant headlines are still on the summer of 2010. Would I like to see Bosh and Wade join CP, sure? Do I really care now? No. That’s Jeff Bower’s job. And trust me folks, he has his eyes on the situation. So, you know, I’m just sick of it. There is a lot of good basketball out there being played now, and maybe we should all focus on that.
Which brings me to my second point about this whole situation. I got DeShawn Stevenson’s back: Lebron is overrated. (Author waves his hand in front of his face.) To tank your next two seasons, as apparently the Knicks are willing to do, is retarded. So Lebron can explode to the hole and dunk so hard that he almost breaks his wrist. Woo. Let me give him $30 mil a year for that. So he’s freakishly big and fast. Woo. You know what James really reminds me of? Anyone ever see that stupid pseudo-basketball game they play on trampolines, and the dudes just bounce around and jam it hard by coming down to the rim? Yup. That’s “_____ James.” He can score at will. He can pull his team through the Leastern Conference to the Playoffs. Let me fall out of my seat. Just one thing, this is a team sport. You need to make your teammates better to win. Lebron doesn’t do that. Instead of focusing on winning in Cleveland, how many of his teammates are thinking who cares what we do now, or how well we gel, or learn our schemes, because this guy is gone after 2010. And he allows that distraction to go on to the detriment of his team because he likes the media glory. He likes being called “_______.”
Now, you may be asking yourself, why does this guy keep putting blanks in his post. It’s this, why the hell do people call him King James? What does he rule other than marketing revenue? Which, when you think of it, is a self-perpetuating delusion: he’s them most marketable because everyone thinks he’s the best because he’s marketed as the best so we say he’s the best, etc. But what does he really rule? The NBA? Right. Show me a ring. College? Nope, didn’t go. Oh, right, he was great in high school. Yeah, so was Shaq, and everyone laughed at him when he said he’d won at every level other than college or pros. Of course, Shaq shut them all up and got a ring or four. But “King James”? Please.
I’ve done a little poking around at titles of nobility. And I don’t think he measures up to a King. I considered Duke, but that brings up memories of Hunter S. Thompson, and so that’s way too good for him. There are already guys in the League with names of Earl, Baron, and Marquis, and that would just be confusing . So I guess we should go with Viscount (pronounced vye-count). You heard it here first, “Viscount James.”
You want to drool over him in 2010? Go for it. But after watching the Olympic games this past summer I honestly wasn’t impressed with James. He always slowed down ball movement and made us more predictable. Honestly, it was the CP, Wade, Bosh-driven second unit that impressed me most. So if you want to put people in seats, feel free to chase VJ. But if you want a championship, I’d look elsewhere. Like New Orleans. And Chris Paul. You go for the crown, Viscount. We’ll go for the rings.
By mW on November 22, 2008
Yeah, yeah, the Hornets won tonight. They looked great, etc., etc. Whatever, they played the Boomers. And if they don’t win by 20 again tomorrow night I’ll hurl. Let’s talk about basketball in general. Ryan Bowen. A great man. Works his ass off, even though he hasn’t even dressed for several games this year. He finally got some time tonight and looked stellar. Point? He makes a little over a million a year. Quite a bargain, relatively speaking. But, now, imagine if at practice he told Byron he didn’t feel like playing that night. Nope. He would rather sit out. Coach Scott would punch him in the face and tell Bower to trade him the next day. For a million a year.
Stephon Marbury, of the New York Knickerbockers, makes over TWENTY million a year. Dude, I don’t even know what that means. It’s a lot. If you really do the math, any one of us could live on that much money alone ($20 mil) for the rest of our life, and just live off the interest, forgetting the principal. So this bastard, who just happened to make this much in ONE YEAR, told his coach he didn’t feel like playing tonight. If I was D’Antoni, I would tell him that’s “Conduct Detrimental to the Team” and suspend his ass without pay. Who gets paid for not working? Also, just to clarify, I grew up in New York, so this isn’t just hateration. To the contrary, I really, really, want to root for the Knicks. But shit like this makes me ill.
Marbury refuses to take a buy out because he claims he’s “earned” his money. Whatever, I’ve yet to see anything in his career remotely worth $20 mil a year, but fine. Then EARN it. How the hell can he CHOOSE not to play. Can anyone reading this imagine telling their boss, “you know what, I don’t feel like working today. I’m just going to hang around the office and chill.” We all KNOW we’d be fired instantly. Must be nice to have guaranteed money. Shit, I need to get in a union like that.
Oh yeah, the Knicks got blown out tonight. And the Hornets, led by a coach who doesn’t put up with that shit, rocked. You do the math.
By ticktock6 on November 4, 2008
This is the last batch. In case we, like, care about the Lakers or something. As if the Lakers are going to do anything this year.
Golden St. Warriors
Rob Mahoney: Upside and Motor
LA Clippers
ClipperSteve: Clips Nation
LA Lakers
Kurt: Forum Blue & Gold
Josh Tucker: Respect Kobe
Trevor Smith: HoopsAddict
Phoenix Suns
Phoenix Stan: Bright Side of the Sun
Sacramento Kings
Tom Ziller: Sactown Royalty
Also see links to all the previews at CelticsBlog.com