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

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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.”

[snip]

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.

Here’s your Stanley Cup playoffs schedule for tonight

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After three full days without NHL action, the Stanley Cup Final between the Pittsburgh Penguins and San Jose Sharks will get underway tonight. You can watch the game via the NBC Sports Group’s television and digital platforms.

San Jose at Pittsburgh (8:00 p.m. ET)

The television broadcast of Game 1 will be on NBC. To stream the contest using the Live Extra app, click here.

We wrote a lot about this series over the weekend. If you haven’t taken a look yet, here are the relevant links:

Penguins or Sharks? PHT makes its Stanley Cup Final picks

Penguins, Sharks discuss bumpy road to Stanley Cup Final

Yes, Thornton and Marleau have been dreaming of a run like this

Sharks and DeBoer ready for Pittsburgh, ‘the fastest team in the league’

Fleury: Now’s not the time to think about future in Pittsburgh

Should Lightning trade Bishop and hand the torch to Vasilevskiy?

Pittsburgh Med: Bonino ‘fine,’ Letang MIA and Daley not ruling out a return (Update)

Matt Nieto should be available to play in Game 1 of the Stanley Cup Final

Subtle but effective offseason pushed Sharks to next level

Report: Semin will stay in KHL for 2016-17

OTTAWA, ON - OCTOBER 11:  Alexander Semin #13 of the Montreal Canadiens skates during the NHL game against the Ottawa Senators at Canadian Tire Centre on October 11, 2015 in Ottawa, Ontario, Canada.  The Montreal Canadiens defeated the Ottawa Senators 3-1.  (Photo by Minas Panagiotakis/Getty Images)
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It seems there will be no NHL comeback attempt by Alex Semin. At least not in 2016-17.

Instead, Semin has inked a one-year extension with Magnitogorsk Metallurg, according to Sport-Express writer Igor Eronko.

At 32 years old, Semin still could have a lot of years left in him as a professional hockey player, but at this point it wouldn’t be surprising if he has played in his last NHL game. Early in his career his talent was clear and demonstrated by some great showings offensively, but he was plagued by inconsistency. In recent years though, he wasn’t so much inconsistent as he was underwhelming.

After being limited to six goals and 19 points in 57 games with Carolina in 2014-15, the one-time 40-goal scorer was bought out of his five-year, $35 million contract just two seasons into it. Montreal took a chance on him for 2015-16, but he only appeared in 15 games with the Canadiens before they put him on unconditional waivers on Dec. 9.

He’s fared better in the KHL though, with five goals and 14 points in 20 regular season games followed by another seven markers and 15 points in 23 playoff contests.

PHT Morning Skate: Predicting the 2016 Stanley Cup Final

San Jose Sharks center Joe Pavelski celebrates after scoring a goal against the Minnesota Wild duyring the third period of an NHL hockey game Saturday, Jan. 23, 2016, in San Jose, Calif. San Jose won 4-3. (AP Photo/Eric Risberg)
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PHT’s Morning Skate takes a look around the world of hockey to see what’s happening and what we’ll be talking about around the NHL world and beyond.

Among the 21 NHL.com and NHL Network experts offering their prediction for the Stanley Cup Final, 17 of them are choosing the San Jose Sharks. (NHL.com)

The majority of ESPN’s experts are also picking the Sharks. (ESPN.com)

For CBS Sports, Adam Gretz and Chris Peters are split on the outcome. (CBS Sports)

Tickets for the first Stanley Cup Final in San Jose appear to be going for significantly more than their Pittsburgh Penguins counterparts. (Pittsburgh Post-Gazette)

Inspired by John Scott‘s comments, here’s the start of a World Cup All-Snubs’ team. (TSN)

Peter DeBoer said that then New Jersey Devils GM Lou Lamoriello fired him from the Devils’ head coaching job late at night on Christmas. The news then broke on Dec. 26. (Tom Gulitti)

Vegas tabs Joe Pavelski as Conn Smythe frontrunner

SAN JOSE, CA - MAY 21:  Joe Pavelski #8 of the San Jose Sharks awaits a face off against the St. Louis Blues in game four of the Western Conference Finals during the 2016 NHL Stanley Cup Playoffs at HP Pavilion on May 21, 2016 in San Jose, California.  (Photo by Christian Petersen/Getty Images)
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The Pittsburgh Penguins are Vegas favorites to win the 2016 Stanley Cup, but the odds lean toward a San Jose Sharks player capturing the Conn Smythe.

Bovada released a variety of odds on Sunday after others surfaced on Friday.

Joe Pavelski is pegged as a +400 favorite as a winner, edging some other top candidates such as Sidney Crosby, Phil Kessel and Matt Murray.

Here’s the full list:

Pavelski +400
Crosby +500
Kessel +500
Murray +500
Logan Couture +500
Martin Jones +600
Brent Burns +700
Joe Thornton +900
Evgeni Malkin +900
Kris Letang +1400

Bovada also released prop bets, including how long the series might last. Check that out here.