Does Eric Belanger have a 'leg to stand on' in pursuing legal actions against the Capitals?


Thumbnail image for georgemcpheecapsgm.jpgWhen word broke that Eric Belanger signed with the Phoenix Coyotes yesterday, I have to admit that I was stunned that his deal with the Washington Capitals didn’t work out. As we’ve learned today, Belanger was stunned too, as his agent Joe Tacopina lashed out at Capitals management including general manager George McPhee (seen in the photo to the right) for breaking their verbal contract.

The story might not end with mere hurt feelings, though. Belanger reportedly trusted the parties enough to get a lease on a DC-area house and enrolled his children in area schools, thinking that he would be a Capitals center once again. If that wasn’t enough, the deal he signed with the Coyotes was for $750K, more than a million less than the supposed word-of-honor deal with the Caps. His agent Tacopina discussed the possibility of taking legal action against Washington, a scenario that encouraged debate among hockey agents, writers and bloggers.

The Globe and Mail’s James Mirtle published Tacopina’s comments and also quoted a veteran rival who thinks that legal moves would go nowhere.

“They should be ashamed of how they handled this situation,” Tacopina said of McPhee and Fishman.

“We’re pursuing and evaluating our legal options in that regard.”


A contract, however, was never signed and registered with the league, an arrangement several veteran player agents said they would never have agreed to.

“They don’t have a legal leg to stand on,” one agent said Wednesday. “The entire situation is governed by the CBA. An agent and the player are obligated under the CBA to not take individual legal action or you can lose your certification to be an agent … The sole remedy would be a grievance.

“The grievance precedent is 100 per cent crystal clear: Unless you have a signed standard player contract on file, registered with the NHL, you have nothing.”

Thumbnail image for Thumbnail image for ericbelanger.jpgTyler Dellow – an Oilers oriented hockey blogger with a legal background – disagrees with the veteran agent’s stance that the entire situation would be governed by the CBA, though. Read the full article for a more fleshed out discussion of the legal possibilities at play here, but I think the final two paragraphs of his piece illustrate that it’s not impossible for Belanger to take some kind of action. (Even if Dellow points out that it’s plausible that his agent might be somewhat culpable for giving him poor advice, too.)

 … Tacopina takes a hammering in Mirtle’s article for his failure to get a signed deal. I have some difficulty with that. While we all know that there’s no deal under the CBA until one is signed, a lot of lawyers work on trust when it comes to their dealings with other lawyers. George McPhee is a lawyer. Don Fishman’s title is Director of Legal Affairs, so I assume he’s a lawyer as well. If you can’t trust the lawyer with whom you’re dealing, a lot of legal dealings become a lot more arduous. Lawyers will generally try to accomodate one another when they can and, where someone is told that a deal is done but that it won’t be formalized yet for other reasons, I can understand why Tacopina was inclined to let it go. You generally get to burn someone like Tacopina has been burned only once though, if it’s public enough, as this is.

In any event, regardless of the potential legal consequences, if there’s any truth to Tacopina’s account, the Capitals have acted in a pretty despicable manner, most likely to Belanger’s detriment. Doctrines like promissory estoppel arose as a response to shortfalls in contract law, as basically a way for courts to protect reasonable expectations that people form in circumstances where they’ve relied on the promises of others to their detriment. Even if there is no legal remedy here – and I’m not an American lawyer and this has been sort of stream of consciousness thinking, if you need legal advice, you should speak to a lawyer – the Capitals’ conduct is shameful. The Capitals can probably forget about ever getting the slightest indulgence again from a player, because there isn’t an agent in the world who would advise them to do so. That’s something that has a cost, even if they saved money by not signing Belanger.

What does this all mean? Well, Belanger might have a leg to stand on, even if that leg is atrophied. He can provide some tangible examples of how the broken verbal contract hurts him (house lease, kids enrolled, lost free agent negotiation opportunities) but very little in writing beyond the letter/e-mail Tacopina provided in Mirtle’s story.

Chances are that Belanger will just have a lot of hard feelings for the Capitals organization and many outsiders might find it a little tougher to root for the high octane, but perhaps ethically questionable franchise. Then again, dissenters will simply say that the Caps weren’t bound to the center and would have done the right thing if they simply were able to trade an extra player.

It’s probably been blown out of proportion a bit, but there’s little doubt that the poorly handled situation had a negative impact on Belanger. Is it enough to fuel a successful lawsuit? Probably not, but it certainly doesn’t put the parties involved in a very good light. Then again, we haven’t heard much from the Capitals side of the story, so maybe there’s more to the story than meets the eye.

Video: Evgeni Malkin leaves Oilers spinning

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Yes, there’s a lot of drama surrounding the Pittsburgh Penguins, whether it’s founded on serious problems or merely speculation.

It’s easy to get swept up in all of that and ignore the fact that, hey, they still have Evgeni Malkin and Sidney Crosby. Those two can really heal wounds with their on-ice play, and in Saturday’s case, Malkin is taking over against the Edmonton Oilers.

His spin-o-rama goal above was a real jaw-dropper. He also scored Pittsburgh’s second tally:

These highlights feel like Malkin’s way of saying “It’s going to be just fine.”

Lightning’s first fight this season: Ryan Callahan vs. Kyle Okposo

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Fighting is down more or less across the board in the NHL, but the Tampa Bay Lightning might be the franchise least interested in dropping the gloves.

Ryan Callahan vs. Kyle Okposo already has some name recognition to it, yet it gets some bonus points for being the Bolts’ first fighting major of 2015-16.

It … probably loses those bonus points in being run-of-the-mill.

Hey, be fair; the Lightning are clearly out of practice.

Oilers GM doesn’t want to force a trade for the sake of a trade

Peter Chiarelli

It must be a helpless feeling to sit idly by while your team continues to flail, but such emotions are what opposing GMs love to prey on.

Edmonton Oilers GM Peter Chiarelli hasn’t been around through much of the suffering for this hapless franchise, yet that doesn’t mean he’s immune to the calls for improvement. To his credit, he’s not buckling under that pressure.

You can see and hear his full comments below:

If you don’t feel like playing the video, the message is simple enough.

Chiarelli isn’t happy with Edmonton’s record – he hasn’t “seen progression” in ways that he was expecting, but again … he doesn’t want to force moves.

Long story short, he can “sleep at night,” even if he’s disappointed.

Is he right to take a relaxed approach, though? Maybe it’s time to blow up a part of what isn’t working? Have some fun armchair GM’ing on this one.

Slump busters: Simmonds, Couturier end long scoring droughts in win over Rangers


It’s been a good few days to be a fan of the Philadelphia Flyers, as their team delivered not once, but twice during Thanksgiving weekend.

The Flyers picked up a 3-2 OT win over the Predators on Friday before shutting out the New York Rangers, 3-0, on Saturday.

It was a good afternoon for three players in particular.

Both Wayne Simmonds and Sean Couturier ended long scoring slumps.

Simmonds’ two goals were his first in seven games, while Couturier scored for the first time in his last 13 contests.

Goaltender Steve Mason also had a solid outing against the Rangers.

The 27-year-old turned aside all 24 shots he faced including this great save on Dominic Moore:

The Flyers lost defenseman Nick Schultz to an upper-body injury in the first period after he took a big hit from Dylan McIlrath.

Luke Schenn defended his fallen teammate by dropping the gloves with McIlrath, which didn’t go unnoticed by his teammates.

The Rangers are now on a season-high three-game losing streak. Their lack of effort has to be concerning for their head coach Alain Vigneault.

The Flyers outshot the Rangers 30-14 over the final 40 minutes.