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.

Red Wings approach training camp with an expensive goalie situation

Detroit Red Wings' Petr Mrazek (34) replaces goalie Jimmy Howard (35) during the second period of an NHL hockey game against the Winnipeg Jets on Tuesday, Dec. 29, 2015, in Winnipeg, Manitoba. (Trevor Hagan/The Canadian Press via AP)
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This post is part of Detroit Red Wings day at PHT…

There was a stretch in January when Petr Mrazek wasn’t unbeatable, but it may have felt that way. He allowed only 12 goals during a nine-game stretch. Subsequently, he posted a 7-1-1 record that month.

Then, there was a stretch in February and into March when he gave up 24 goals in eight appearances, including a trio of five-spots and that got people talking. His coach, Jeff Blashill, said at the time that such a run in January — citing a .956 save percentage — simply wasn’t sustainable and that Mrazek’s struggles a short time later were part of the ebb and flow of a season.

When the playoffs began, Jimmy Howard started the first-round series versus Tampa Bay but gave up seven goals in two games, before giving way to Mrazek for the final three games.

Over the summer, the Red Wings and Mrazek were able to come to an agreement on a two-year, $8 million deal just before the two sides were to have a scheduled arbitration hearing.

That is a large raise from the $737,500 average annual value Mrazek was making on his entry-level contract. The Red Wings now have more than $9 million dedicated to both Mrazek and Howard in the salary cap.

Howard, 32, is signed for three more years at $5.29 million. He posted a 14-14-5 record, with a .906 save percentage, which is well below his career average of .915.

General manager Ken Holland — he’s under pressure — has offered conflicting takes on Howard’s future prospects in Detroit, saying he had thought about trading the veteran goalie but then he made the case to keep Howard almost as insurance in goal, as Detroit continues to develop Mrazek as the true No. 1.

“Some teams have goalies that make $8 million, $7 million,” Holland told the Detroit Free Press. “We’re on the higher end in terms of the money we’ve got in net, but we see goaltending as a strength for us.”

Blashill told MLive.com during the winter that he went into last season with a three-week plan to alternate between Howard and Mrazek, to see which of those two goalies could separate themselves and take charge of that No. 1 position.

The plan this time around will be one to keep an eye on when the season begins. It’s shaping up right now to be an expensive one.

Coyotes hire skating guru Dawn Braid, believed to be first full-time female coach in NHL history

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GLENDALE, Ariz. (AP) The Arizona Coyotes have hired Dawn Braid as skating coach and say she is believed to be the first full-time female coach in NHL history.

Braid has a long association with the NHL.

She worked part-time for the Coyotes last year and has served as a skating consultant with the Toronto Maple Leafs, Anaheim Ducks, Buffalo Sabres and Calgary Flames.

Braid also spent seven years with the Athletes Training Center as director of skating development. Among the skaters she worked with while there is New York Islanders center John Tavares.

From NHL.com:

“Dawn has wanted to put me in to make myself a more powerful and efficient skater,” Tavares told NHL.com in 2012. “Dawn always says, ‘If you didn’t train properly and do the certain things you need to do, you’re not going to be strong enough to do the things I want you to do.'”

Braid’s hiring continues the trend of full-time female coaches in men’s pro sports; she follows Becky Hammon of the NBA’s San Antonio Spurs (2014) and Kathryn Smith of the NFL’s Buffalo Bills (2016) as the first full-time women’s coach in their respective leagues.

It’s all about experience for Red Wings sophomore bench boss Blashill

Detroit Red Wing training camp, day one
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This post is part of Detroit Red Wings day at PHT…

Let’s be honest: It’s probably not easy to replace a coach of Mike Babcock’s repute.

More than a year ago, Babcock went to the rebuilding Toronto Maple Leafs and is being paid a lot of money — an estimated $50 million over eight years — to coach in that market. Meanwhile, back in Detroit and with Babcock out of the picture, the Red Wings turned to Jeff Blashill as their new bench boss.

True, Blashill had spent time as a head coach in the USHL, college ranks and with the Grand Rapids Griffins of the AHL. But he had no experience as an NHL head coach prior to the 2015-16 season and just one season as an NHL assistant when he was part of Babcock’s staff in 2011-12.

After a 41-30-11 regular season record and another playoff appearance, the 25th straight in Detroit, the Red Wings were bounced in the first round. One of the priorities for general manager Ken Holland this offseason was to insulate Blashill by bringing in more experienced assistants.

The Red Wings hired John Torchetti, previously the interim head coach in Minnesota, and long-time Boston assistant Doug Houda. Those moves were part of a larger coaching shake-up within the organization, as Tony Granato left for a head coaching job at Wisconsin, goalie coach Jim Bedard was not brought back and assistant Pat Ferschweiler, who ran the team’s 13th-ranked power play last season, was reassigned.

Blashill told MLive.com that “player development” will be a large part of Ferschweiler’s role going forward.

“I think it’ll be a real benefit,” Blashill told the Detroit Free Press of the additions to the Red Wings staff. “Lots of years behind NHL benches. I’ve only had two years on an NHL bench. That’s a scenario where I can learn from their past experiences.”

It’s all about experience.

Two years ago, Blashill was touted by Holland as an “NHL coach in the making.” A month later, he was given a three-year contract extension to coach the Griffins, so clearly they thought highly of Blashill by keeping him as opposed to potentially losing him to another NHL club. A year later, he was tapped on to replace Mike Babcock.

In this case, patience may be required, too. That may be easier said than done from a fan’s perspective because as impressive as Detroit’s current run of consecutive playoff appearances is, they haven’t made it out of the first round in their last three tries.

“I think he’s a tremendous coach and I think he’s going to be in the League a long time. He’s had a lot of success at every level he’s been at except the NHL,” Holland told NHL.com.

“He did guide us to a playoff spot in a League when it’s hard to qualify for the playoffs, but I also think as you looked at our team last year, there were lots of decisions to be made and I think the experiences of last year are going to be important for Jeff.”

If the Red Wings place such a great deal of value on Blashill gaining experience, and leaning on the experience of veteran coaches beside him, it would seem then that they are willing to invest a substantial amount of time in him as he continues to grow and establish himself as an NHL coach.

But with such experienced assistant coaches having joined his staff this offseason, it makes you wonder about what could happen if the Red Wings struggle significantly or fail to make the playoffs.

“I think there’s always pressure in this job and there always will be and I welcomed that when I took the job,” Blashill told MLive.com this summer.

“But really, I don’t spend lots of time worrying about what could happen bad. I spend all my time worrying about how we’re going to do things to make sure we win.”

Bouwmeester named to Canada’s World Cup team, replacing the injured Duncan Keith

KANATA, ON - AUGUST 25:  Jay Bouwmeester #3 of Team Canada skates against Team USA during their exhibition game in the World Cup of Hockey on August 25, 2004 at the Corel Centre in Kanata, Canada.  (Photo by Jeff Vinnick/WCOH via Getty Images)
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St. Louis Blues veteran defenseman Jay Bouwmeester has been named to Canada’s 23-man roster for the upcoming World Cup of Hockey.

He will replace Chicago Blackhawks blue liner Duncan Keith, who is rehabbing a right knee injury.

“As Duncan continues offseason rehabilitation on the right knee injury that he sustained last season, we understand his decision not to participate in next month’s World Cup of Hockey,” Blackhawks team physician, Dr. Michael Terry, said in a statement.

“We believe it is in his best interests to focus on getting stronger and not risk further injury.”

Bouwmeester, a left-handed shot just as Keith is, which maintains the left-right philosophy for defensive pairings, joins his Blues teammate Alex Pietrangelo on the Canadian roster.

The two not only play together in St. Louis, but they were matched together on the blue line for Canada when it won gold at the 2014 Olympics.

The decision is, well, an interesting one and open to plenty of debate, as the Team Canada brass opted to take Bouwmeester over other Canadian blue liners — right-handed shots P.K. Subban and Kris Letang among the names — with far more offensive production from the back end.