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.

Malkin on ‘workaholic’ Crosby, Penguins’ chances for three Cups in a row

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Evgeni Malkin shared some interesting observations with Sports-Express’ Igor Eronko this weekend, including that he believes that the Pittsburgh Penguins “have all the tools” to win a third Stanley Cup in a row.

Quite reasonably, Malkin notes that the team kept its core intact.

Of course, Malkin and Sidney Crosby are still the catalysts for the Penguins, so it’s always fun to come across the latest observations from the Russian star.

Good stuff.

It’s not surprising to see Malkin praise Crosby and pump up the Penguins’ chances. Last year, he showed confidence in Pittsburgh’s repeat chances and professed an interest in being on the same team with Crosby for the next “10 years.”

This summer’s been a great one for Geno, with plenty of team honors mixing with some great individual feats. For example:

Habs’ Byron got to skate(board) with Tony Hawk

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Montreal Canadiens forward Paul Byron is so speedy on the ice, his skating can sometimes be intimidating, particularly when he’s on the penalty kill.

Every now and then, we’ll see, say, a floppy-haired snowboarder also show some serious skateboarding acumen, and skateboarding seems to blend well with surfing to boot. So what about ice skating and skateboarding?

Well, Byron apparently got to meet Tony Hawk – along with his kids – and at least made a solid impression, as the Canadiens website notes.

“Paul can hold his own. I bet he’d do better on my board,” Hawk said. “It wouldn’t be so wobbly.”

The only bummer is that it doesn’t seem like footage of Byron skateboarding is available. There is some cute footage of Hawk with Byron’s kids, though:

Little B's turn💙

A post shared by Sarah Byron (@sarahannbyron) on

There’s also Hawk skateboarding in a Canadiens sweater. Fun stuff.

(H/T to Sportsnet.)

Taylor Hall’s remarkable run of bad luck

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This post is a part of Devils day at PHT…

Taylor Hall deserves credit for that great “lottery ball specialist” tweet when the New Jersey Devils landed the top pick of the 2017 NHL Draft, but you could picture the star winger making such a joke while gritting his teeth.

You see, as much as Hall seems to be a luck rabbit’s foot for a team when it comes to landing the top pick of a draft – just consider his Edmonton Oilers days on top of this last bit – but that good fortune hasn’t always come from an individual standpoint.

In hopes that we may some day see Hall in, say, a playoff game, let’s recount some of his unluckiest moments. Keep in mind that he’s still just 25.

Injuries

He became the first pick of the 2010 NHL Draft, which means he’ll be compared to Tyler Seguin (though that discussion mercifully doesn’t come up that often).

Hall’s rookie season was limited to 65 regular-season games thanks to the ill-advised decision to fight Derek Dorsett. His first NHL bout ended his 2010-11 campaign; Hall received criticism for the choice, which sometimes overshadowed debuting with 22 goals.

It was reckless to fight, especially with someone like Dorsett, but we’ve seen plenty of players get through skirmishes without anything major happening. Jarome Iginla endeared himself to hockey fans, in some ways, by doing just that … but Hall wasn’t so lucky.

Even if you chalk that first bit up to poor decisions, Hall’s injury luck has often been poor. He was limited to 61 games in his sophomore season, 53 in 2014-15 and missed significant pieces of 2013-14 and last season, too.

Some of the injuries were just downright-freakish.

Click here if you want to remember the time he caught a skate in the head during warm-ups, which left him with a disgusting “Frankenstein” wound and … it’s just gross. If you haven’t seen it, you’re lucky.

While his speedy, courageous style might leave him susceptible to issues, it seems like Hall catches an unusually high number of bad breaks.

Terrible team to bad team

Taylor Hall has been a productive player, keeping his head up even as he’s played for some miserably bad teams.

The Oilers have been pretty clueless for virtually the entirety of Hall’s career; this National Post article provides a handy rundown of their mishaps in rarely finding decent defensemen.

Those struggles likely inspired the team to trade Hall for Adam Larsson, a steady Swedish blueliner.

It says a lot that Oilers fans voted massively in favor of the Oilers winning that trade in at least one poll, as most hockey people agree that the Devils ended up with the upper hand.

Team success can skew the views of certain players, something Hall knows too well as a frequent scapegoat in Edmonton. If you want to roll your eyes, peruse some of the “not captain material”-type takes that Hall likely became all-too-familiar with.

He didn’t even get to truly benefit from Connor McDavid‘s presence, as Hall’s bad injury luck seemed to transition to McDavid for a brief spell; as you recall, McDavid’s season was greatly limited by an lucky fall that came from the same sort of driving style you’d expect to see from Hall.

Who could blame Hall for being jealous of the Oilers’ success now that he’s gone?

New Jersey is making some nice strides toward being a more competitive team, and Hall’s a big part of that sunnier outlook. It has to sting to take all those steps back to the painfully familiar rebuilding stages after suffering through all of those with the Oilers.

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Look, Hall is nicely compensated for his play. He also was the top pick of a draft, so it’s not like he’s totally anonymous.

Still, it’s difficult not to root for the guy to soak in the accolades that come with greater team success, as Hall has been a fantastic power forward in some not-so-fantastic situations.

In other words, here’s hoping a little more luck goes his way … on the ice rather than in the carousel.

Poll: Nico Hischier vs. Nolan Patrick

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This post is a part of Devils day at PHT…

To some extent, the New Jersey Devils probably don’t care that much if Nolan Patrick ends up being slightly more effective, overall, than Nico Hischier.

As Taylor Hall can attest, the Devils lucked into the top pick of the 2017 NHL Draft, so GM Ray Shero was probably delighted that he would be able to pick between the two prospects. Rather than choosing Patrick or finding a trade, he made Hischier the first Swiss-born number one pick in NHL history.

Sports are about competition and comparisons, so it should be fun to measure the two forwards’ accomplishments and development as time goes along.

We might as well take hockey fans’ temperature now, though. Before we do, a quick “tale of the tape” – and an apology to the other prospects in the 2017 NHL Draft. For the sake of simplicity, we’ll be keeping this poll to Hischier vs. Patrick. Feel free to make a case for Miro Heiskanen (pictured, chosen third by Dallas) or any number of other candidates in the comments, though.

Hischier (draft profile): Scored 86 points in 57 games for the QMJHL’s Halifax Mooseheads in 2016-17. Broadly speaking, Hischier seems to rate as the most creative player and has already impressed the Devils with his skating ability.

Apparently his favorite movie is “Happy Gilmore.”

Patrick (draft profile): The Winnipeg native was on the radar a bit longer than Hischier, in part because he managed 102 points in 71 games in the WHL in 2015-16. Last season hurt his stock quite a bit; while he was able to score well over a point-per-game (46 in 33), injuries limited him in 2016-17. Those issues might have limited more than people even realized, as it turns out he needed two hernia surgeries instead of one.

Generally speaking, Patrick is praised for his two-way play, which could help him be a quick fit for Philly. Both forwards are listed as centers.

Oh yeah, and Reid Duke gave him the nickname “Doctor Pat.”

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OK, so with all of that information, let’s get after it: did the Devils make the right call or should they have selected Patrick at No. 1 instead?