TMC wrote:bigstrads wrote:However, the releasing of a player under the "Career Ending Injury" clause does state that IF the player is able to resume his career at ANY stage in the future, play 10 games or more, his salary shall be returned to the team that released him.
So, they would have known, signed on and admitted to that condition...........so I dont think they would have a leg to stand on (do you really think Stern, the lawyer he is/was, would allow such a loop hole)
There's no loop hole. The CBA is clear in that regard. The money does count agains as if the player had never retired.
I'd sue on the grounds of it being unfair, as it puts the punishment only on the team when the league also should have a responsibility. In other words, I'd sue to render that clause of the CBA null.
I doubt they'd get anything at this point, but there's room for debate, at least.
bigstrads wrote:One more thing, the luxury tax money goes to charity.........so I doubt the Blazers would want to sue the NBA for charitable donations!

Well, I'm sure the Blazers would rather donate that money themselves and have their cap room back.
Ohh I agree, thats why I said it was interesting.
I just imagine that Stern wouldnt allow that rule, which isnt the "Retired player" rule, its the "Career Ending Injury" rule, to not have some kind of disclaimer that states something like the following =
"If an NBA doctor deems that the injury is career ending, then said team will have the right to waive the player and not have his salary count against them.
If said player manages to return to basketball at a future date, then the NBA, nor its doctors, accept no liability on the part of the original decision being proven wrong"
Ergo, you chose to claim your right to not stick with the guy, we assessed him and helped you out by allowing you use this rule..............but it doesnt work both ways.
Again, Portlands desperation kinda shows that they wont have the sue option.