# KP in trouble?/Blazers may have violated... (merged)



## mgb (Jun 26, 2004)

I saw on the local news tonite that KP may be in trouble for some things he's said about Miles health before he was released. Miles may be able to sue him and the Blazers for releasing private medical info.

Edit: Here's a link I found about it.

http://www.portlandtribune.com/sports/story.php?story_id=121693653261551200


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## nikolokolus (Jan 29, 2008)

*Re: KP in trouble?*

I also saw something reported by Kerry Eggers in the Portland trib, that mentioned league officials are pretty non-plussed about Miles' ten game suspension leaking to the Oregonian. Makes me wonder if this isn't part of it too.


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## MrJayremmie (Dec 29, 2007)

*Re: KP in trouble?*

damn... the part that sucks is...



> It is believed nothing will come of this if Miles lands a job with another NBA team. And it’s likely he will, given that teams will need to pay him only the minimum salary and, in spite of the local perception of his character, many of his former teammates and coaches believe him to be relatively harmless to team harmony.
> 
> However, if he does not sign with another team, there is an expectation that Miles could file a grievance with the league and also file a suit against the Blazers for attempting to restrict the player’s ability to find a job.


So either he files a lawsuit or he finds a team. Either one isn't a good option, lol. Oh well.


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## World B. Free (Mar 28, 2008)

*Re: KP in trouble?*

But who cares? None of this is going to affect our season next year.


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## blazermaniaisback (Jun 7, 2007)

*Re: KP in trouble?*



mgb said:


> I saw on the local news tonite that KP may be in trouble for some things he's said about Miles health before he was released. Miles may be able to sue him and the Blazers for releasing private medical info.


I'm sure they got permission... I mean if they Miles was medically retiring everyone would want to know why so I can't see why he wouldn't give permission. I can't see KP screwing up and doing something like that. 



nikolokolus said:


> I also saw something reported by Kerry Eggers in the Portland trib, that mentioned league officials are pretty non-plussed about Miles' ten game suspension leaking to the Oregonian. Makes me wonder if this isn't part of it too.


Do failed drugs tests fall under the same rules?


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## BLAZER PROPHET (Jan 3, 2003)

*Re: KP in trouble?*

I'd be surprised if he sued. He got a contract buyout and now the opportunity to make even more with a new team. He'd be money ahead. Also, what are his damages? The NBA is a pretty public entity with respect to player injuries. It's not a violation of HIPAA in some respects, and if so, there are still no 'damages'.

All KP is guilty of is a bit of indiscretion.


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## dkap (May 13, 2003)

*Re: KP in trouble?*

I said at the time that the whole process was fishy. No doctor concerned with confidentiality would have gone on record saying the stuff that was supposedly said -- stuff which was attributed to him but never directly quoted, as far as I could tell.

I'm not at all surprised how the situation is playing out in recent weeks...

Dan


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## mediocre man (Feb 24, 2004)

*Re: KP in trouble?*

Knowing KP his one call will be to a GM for a trade


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## BBert (Dec 30, 2004)

*Re: KP in trouble?*



mediocre man said:


> Knowing KP his one call will be to a GM for a trade


Better make it a conference call.


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## hasoos (Jan 3, 2003)

*Re: KP in trouble?*

1. Like most of that information was not available anyhow. Was there anybody in the world that did not know Miles had a knee injury that payed attention to basketball?

2. Who cares. Sue, fine. Paul Allen will pay them and move on.

3. Maybe if somebody had just hired Jeff Gilooly to take care of Miles knee, none of this would be happening. :afro:


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## MARIS61 (Apr 28, 2003)

*Re: KP in trouble?*

The Blazers have bumbled and stumbled over Miles since PatterNash was shown the door. KP made several eyebrow raising comments about his health that I couldn't believe at the time. A successful lawsuit against the Blazers by Miles would seem likely.


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## B-Roy (Feb 12, 2008)

*Blazers May Have Violated Federal Regulations On Miles' Comments*

http://basketball.realgm.com/src_wi...olated_federal_regulations_on_miles_comments/

I don't understand it though. Someone explain? :thinking2:

http://portlandtribune.com/sports/story.php?story_id=121693653261551200

That explains it better. Apparently, Pritchard wasn't supposed to reveal specific details about Miles's surgery.


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## Dan (Dec 30, 2002)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

How the hell is that a violation of the "federal regulations"? he commented on a player, like teams do all the time.

It seems to sound like Mile's agent making a stink about things.


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## blazermaniaisback (Jun 7, 2007)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

I'm sure then he has done it more then once then. Didn't he talk about Oden in the same way too?


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## B-Roy (Feb 12, 2008)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

You're supposed to get permission from the athlete. He probably got permission from Greg, but Darius? Dunno...


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## dkap (May 13, 2003)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

There's a difference between, say:

"The doctor believes his knee injury is career ending."

"The doctor says it's the worst knee injury he's ever seen and that he wouldn't let his own kid pick up a basketball with a knee that bad. As a GM, I don't want a guy needing a knee replacement on my conscience."

(The latter is paraphrased from memory.)

Quote #2 goes way beyond commenting on an injury. It's a very thinly veiled attempt at using someone's health status to limit their future employment options. And it's not like Miles was seeking a medical retirement settlement... He was basically forced into accepting an admittedly profitable buyout.

Dan


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## Dan (Dec 30, 2002)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

it just sounds like Dwight is speculating. Or, I should more accurately say, pulling a Canzano.


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## blazermaniaisback (Jun 7, 2007)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

good point but wouldn't this between the doctor and Miles? I mean Miles would have to sign something saying the doctor can release it to Pritchard and the team. For KP to find out what the doctor says even if the team hired him to do so miles would still have to say its ok. Then I guess from there it depends on what was cleared and what was not.


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## alext42083 (Nov 7, 2003)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

Is Dwight Jaynes suddenly wanting to become an investigative reporter? How stupid.. he should stick to his dumb opinions on nothing.


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## Paxil (Jan 1, 2003)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

We have certainly read all about Livingston and Amare Stoudamire etc... in great detail.


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## blazermaniaisback (Jun 7, 2007)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

well as long as he doesn't play and we get the cap room next season who cares how much Paul will have to pay out?  Unless he raises beer prices to make up for it.


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## MrJayremmie (Dec 29, 2007)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

i was listening to 95.5 the game, and on a 20/20 update by Gavin Dawson, he said that apparently there is nothing true about the rumor that KP may have violated blah blah... so this is just a rumor?

weird...


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## Driew (Oct 20, 2007)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

What I find interesting is that people are saying that dwight jaynes is going against the Blazers and the fans...exactly how though? He makes some excellent points about what KP did--all he is doing is reporting the facts, he's not TRYING to get KP in trouble. He's a journalist and it's a story. What I find ironic is that people complain about reporters that kiss the butt of the organization (like Barrett always trying to be mr. positive), but as soon as one negative comment about the organization comes out everyone tells the journalist to leave the Blazers alone.

Why are the Blazers on some form a pedestal that keeps them from making mistakes and not being responsible for them? KP made a mistake, and I can guarantee he won't do it again. Personally what KP did was wrong, and he knows that he made a mistake--and I think it's a good thing that Dwight brought up this issue personally.

This is NO where close to a crapzano story--at least dwight jaynes has some facts to it.

BTW...the article title is this "Blazers COULD come under scrutiny" Again it means nothing

Even John Conzano is saying that it's not a big deal on his radio show


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## dwood615 (Jul 20, 2004)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

damn JailBlazers hahahaha


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## It's_GO_Time (Oct 13, 2005)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

Sometimes it makes sense to do something that can get you into legal trouble (like breaching a contract).

So if KP says things that violate HIPPA but keeps Miles from being signed by a team . . . well maybe Allen has to pay out to settle a lawsuit, but at least it doesn't count against the salary cap.

You go KP.


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## Hector (Nov 15, 2004)

*Re: KP in trouble?*



BLAZER PROPHET said:


> I'd be surprised if he sued. He got a contract buyout and now the opportunity to make even more with a new team. He'd be money ahead. Also, what are his damages? The NBA is a pretty public entity with respect to player injuries. It's not a violation of HIPAA in some respects, and if so, there are still no 'damages'. All KP is guilty of is a bit of indiscretion.


He would sue only if he did not get the opportunity to sign with a new team (caused by Pritchard's gossiping with the media), not if he did get it. The damages for the first 2 years would be the lost minimum NBA wage, about a million per year. After 2 years of buyout, the damages would be much higher, since if he can play after 2 extra years of recovery from microfracture, he'll be playing near his old level. So the damages are his cumulative future ability to generate income, which is high.


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## Hephaestus (Jun 16, 2007)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

The Blazers lawyers would probably argue that it has long been established as precedent that the medical condition of professional athletes has long been established as not having the same privacy as regular citizens.

-There's been 150 years of established history of professional athletes in the USA and the rest of the world not having the same right to privacy in regards to medical issues as regular citizens. Pro athletes have been getting their medical issues published in the media for more than a century.

-Pro athletes are public figures.

-Pro athletes conduct their careers in a very public manner. Their performances are public record. Anything that can affect positively or negatively these public performances is equally subject to public scrutiny.


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## thaKEAF (Mar 8, 2004)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*

There's only one way for the organization to pay their debt to society, and that would be returning Greg Oden to his rightful home.


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## It's_GO_Time (Oct 13, 2005)

*Re: KP in trouble?*



BLAZER PROPHET said:


> I'd be surprised if he sued. He got a contract buyout and now the opportunity to make even more with a new team. He'd be money ahead. Also, what are his damages? The NBA is a pretty public entity with respect to player injuries. It's not a violation of HIPAA in some respects, and if so, there are still no 'damages'.
> 
> All KP is guilty of is a bit of indiscretion.


There might be something in Miles contract or in the collective bargining agreement that makes it where NBA players waive HIPPA to play in the NBA. But being a public figure, by itself, doesn't eliminate your privacy rights under HIPPA.

The damages might be what Hector mentioned . . . and knowing lawyers the damage on the law suit will be for lost present wages (not gettting that minimum contract), future wages (KP ruined Miles chance to get on a roster, show what he can do and sign another multi-yr multi-million dollar contract), and emotional distress. : )

I'm not saying that claims would fly, but lawyers can claim damages where it appears there are none. 

But the idea that NBA injuries are frequently discussed makes me beleive there is some agreement you have to enter into when playing in the NBA that allows discussion by teams of players physical injuries.


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## Zybot (Jul 22, 2004)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



Hephaestus said:


> The Blazers lawyers would probably argue that it has long been established as precedent that the medical condition of professional athletes has long been established as not having the same privacy as regular citizens.
> 
> -There's been 150 years of established history of professional athletes in the USA and the rest of the world not having the same right to privacy in regards to medical issues as regular citizens. Pro athletes have been getting their medical issues published in the media for more than a century.
> 
> ...


I don't think there is a "pro athlete" exemption under HIPAA. In any event, I don't think this story is really going to go anywhere. Is Darius really that petty that he is going to sue over KP's comments?


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## Minstrel (Dec 31, 2002)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



Zybot said:


> Is Darius really that petty that he is going to sue over KP's comments?


If he has a case that he can win, how is it petty? It would be worth millions of dollars.


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## Dan (Dec 30, 2002)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



thaKEAF said:


> There's only one way for the organization to pay their debt to society, and that would be returning Greg Oden to his rightful home.


Why should he be returned to NY?


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## BG7 (Jun 25, 2003)

How much capspace will you guys have with/without Miles?

So a team like the Hawks, who could have Josh Smith take the QO and become a unrestricted free agent next year, and a guy you guys might target if that's the case, can sign Darius Miles next year, and play him in a garbage time role for 10 games, and screw you guys out of 9 million in capspace?


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## It's_GO_Time (Oct 13, 2005)

BG7 said:


> How much capspace will you guys have with/without Miles?
> 
> So a team like the Hawks, who could have Josh Smith take the QO and become a unrestricted free agent next year, and a guy you guys might target if that's the case, can sign Darius Miles next year, and play him in a garbage time role for 10 games, and screw you guys out of 9 million in capspace?


I believe that is correct.


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## MARIS61 (Apr 28, 2003)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



Zybot said:


> I don't think there is a "pro athlete" exemption under HIPAA. In any event, I don't think this story is really going to go anywhere. Is Darius really that petty that he is going to sue over KP's comments?


At the time KP made them I thought KP was being petty, and stupid. They were un-called for and only made KP come across as mean and spiteful. The correct way would have been to express concern and sympathy for "one of the family". The comments were made with the intention of getting Darius blacklisted from the game.

I'd certainly sue him if I was Darius.


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## Dan (Dec 30, 2002)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



MARIS61 said:


> At the time KP made them I thought KP was being petty, and stupid. They were un-called for and only made KP come across as mean and spiteful. The correct way would have been to express concern and sympathy for "one of the family". The comments were made with the intention of getting Darius blacklisted from the game.
> 
> I'd certainly sue him if I was Darius.


Would that be before or after you told Steve Blake he was a SG? And before or after you yelled at Larry Miller for screwing up the comcast situation?


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## Schilly (Dec 30, 2002)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



MARIS61 said:


> At the time KP made them I thought KP was being petty, and stupid. They were un-called for and only made KP come across as mean and spiteful. The correct way would have been to express concern and sympathy for "one of the family". The comments were made with the intention of getting Darius blacklisted from the game.
> 
> I'd certainly sue him if I was Darius.


I get the impression you'd sue a fly for farting if you thought you could piss someone off.


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## Dan (Dec 30, 2002)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



Schilly said:


> I get the impression you'd sue a fly for farting if you thought you could piss someone off.


wait..you aren't suggesting that maris is just being contrarian, are you?

Sir, I can't believe you'd suggest that he picks sides not based on his own personal belief (like, that Steve Blake is a SG) but instead just says things to piss people off because he loves that attention (you know, like Steve Blake is a SG).

That is just too difficult to fathom sir.


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## Schilly (Dec 30, 2002)

It was a particularly toxic fart.

And there does seem to be a fairly predictable pattern.


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## barfo (Jan 2, 2003)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



thaKEAF said:


> There's only one way for the organization to pay their debt to society, and that would be returning Greg Oden to his rightful home.


What would he do at the old folks home?

barfo


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## nikolokolus (Jan 29, 2008)

BG7 said:


> How much capspace will you guys have with/without Miles?
> 
> So a team like the Hawks, who could have Josh Smith take the QO and become a unrestricted free agent next year, and a guy you guys might target if that's the case, can sign Darius Miles next year, and play him in a garbage time role for 10 games, and screw you guys out of 9 million in capspace?


The figure floats anywhere from 20 million to 30 million depending on a variety of factors: whether or not the team renounces, extends or otherwise deals with 3 players due QOs, coming off of rookie scale contracts (and thus will have 300% capholds), whether or not they pick up team options on Steve Blake and Travis Outlaw, and lastly Miles' 9 million.

The bottom line is the team will still have a ton of cap room, but without Darius couting against the cap they would conceivably have the power to sign roughly two max contract FAs (if they so chose), If Miles ends up counting against the cap, then it just means some flexibility is lost, and some more creative moves or trades would need to be cooked up.


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## Hector (Nov 15, 2004)

Pritchard's comments were too flamboyant about Miles. You know, like the retorts to Maris' post. I enjoy reading two sides, even if the disagreement is for its own sake. For example, I posted to the OT board about Ebert & Roeper, a TV program in which movie critics argue. The program would have been cancelled 30 years ago if not for its controversy. CNN's Crossfire with Robert Novak did the same for years. Disagreement raises the ratings and .... oh, I thought I was posting to the WNBA fight thread.


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## MrJayremmie (Dec 29, 2007)

> How much capspace will you guys have with/without Miles?
> 
> So a team like the Hawks, who could have Josh Smith take the QO and become a unrestricted free agent next year, and a guy you guys might target if that's the case, can sign Darius Miles next year, and play him in a garbage time role for 10 games, and screw you guys out of 9 million in capspace?


kinda. I'm sure we can appeal if we can prove they just did it to screw us over. But the fact that he has a 10 game suspension means you can't just sign him to 2 10-day contracts because he wouldn't get close to the 20 games, so it would have to be a full year (2 10-day contracts is the max you can offer i believe).

But anyway, even with Miles on our cap, i think we will be 12mil under the cap... and possible 20mil+ without him.


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## blazermaniaisback (Jun 7, 2007)

Hector said:


> He would sue only if he did not get the opportunity to sign with a new team (caused by Pritchard's gossiping with the media), not if he did get it.


He has had the opportunity... he has tried out for how many teams? To me that is an opportunity. The drug suspension might hurt him more since teams have seen other players come back from the type of surgery. I wish we could pick the brains of these GMs and ask after the fact why he was not signed by their team? 

would it be...

1. Pritchard's comments? 
2. the drug suspension?
3. Mile's Himself? work ethics or out of shape
4. didn't want to mess with KP because he scares me?


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## Zybot (Jul 22, 2004)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



Minstrel said:


> If he has a case that he can win, how is it petty? It would be worth millions of dollars.


Well it might be worth $250,000. http://www.utmb.edu/compliance/hipaa/hipaa-overview.htm#penalties


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## Zybot (Jul 22, 2004)

*Re: Blazers May Have Violated Federal Regulations On Miles' Comments*



MARIS61 said:


> At the time KP made them I thought KP was being petty, and stupid. They were un-called for and only made KP come across as mean and spiteful. The correct way would have been to express concern and sympathy for "one of the family". The comments were made with the intention of getting Darius blacklisted from the game.
> 
> I'd certainly sue him if I was Darius.


At the time I heard the comments, I thought he was just explaining why they sought a medical retirement exemption. Sure, maybe Miles could play, but he shouldn't because he would be risking the need for a total knee replacement. The teams have access to the same medical records. I am sure KP wasn't telling the teams anything they didn't already know.


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## moldorf (Jun 29, 2007)

at this point, there's probably as much reason to believe Canzano as there is for believing Jaynes.

So then, it's possible (and having watched Jaynes for years I'd say likley)that Jaynes is simply carrying water for Miles's agent. In other words, this could likely be much ado about nothing.

I'd also be willing to bet a lot of money that KP is better at following the rules then Jaynes is at writing anything accurate. 

and backtracking a little, all this started with a couple of reports (that's all) that Miles had a couple of decent workouts. The only embellishment was that Miles was able to jump up and touch the center of the square on the backboard...one time. That would be about 10'9-11'0 off the floor. Miles is long enough to easily have a 9' standing reach, so even without allowing for hyperbole, Miles showed he could jump 20-24". That probably would have beaten Sabonis when he was 32 but not many other players. 

Considering how likley it was that those 'reports' were instigated by Miles's agent, counting on seeing Miles sign with a team soon would be premature.


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