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.

Flyers want to prove doubters wrong

Jakub Voracek, Claude Giroux
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Jakub Voracek totally understands why nobody’s expecting much from the Philadelphia Flyers. When a team finishes 14 points out of the playoffs the year before, that’s typically going to be the case.

“We weren’t good enough last year, let’s face it,” Voracek told CSN Philly. 

So, no, it doesn’t upset him that the Flyers aren’t considered among the Stanley Cup favorites.

That being said, “it makes you feel you want to prove them wrong.”

The Flyers get going tonight with a tough game against the Lightning in Tampa Bay. They also play Saturday in Florida against the Panthers, before a rematch with the Panthers Monday in Philadelphia.

“My biggest concern would be getting off to a good start,” GM Ron Hextall said. “That’s one thing that we need to do.”

That’s something they didn’t do last year. In fact, they won just once in their first six games. By the end of November, they were 8-12-3 and in a big hole — one that proved too deep to climb out of.

Related: Flyers to start season with seven defensemen

Coyotes place towering enforcer John Scott on waivers

John Scott, Brandon Davidson
The Canadian Press via AP

The Arizona Coyotes might not be using John Scott‘s services after all.

The team waived him this afternoon, per Craig Morgan. It’s possible that the Coyotes are simply giving themselves options as Scott clearing would allow them to send him down quickly at any point until he plays in 10 games or 30 days pass. At the same time, any team looking for a gritty fourth-line forward or third-pairing defenseman might be tempted to claim him in light of his affordable $575K cap hit for the 2015-16 campaign.

Scott is an imposing presence on the ice at 6-foot-8 and 260 pounds, but he doesn’t bring much to the table other than his physical play and willingness to drop the gloves. In terms of offensive abilities, he’s among the least capable in the league. In fact, the four points he recorded last season with the San Jose Sharks represented a career-high for the 33-year-old.

Meanwhile, Dan Cleary went unclaimed on waivers, according to Bob McKenzie, setting the stage for him to be reassigned to the AHL’s Grand Rapids Griffins.