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.

Under Pressure: Derrick Pouliot

PITTSBURGH, PA - DECEMBER 27: Derrick Pouliout #51 of the Pittsburgh Penguins skates with the puck against the Washington Capitals at Consol Energy Center on December 27, 2014 in Pittsburgh, Pennsylvania. (Photo by Matt Kincaid/Getty Images)
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This is part of Pittsburgh Penguins day at PHT…

When the Pittsburgh Penguins traded Jordan Staal to the Carolina Hurricanes following the 2011-12 season for Brandon Sutter, Brian Dumoulin and the No. 8 overall pick in the draft (which they used to select Derrick Pouliot), the latter was expected to be one of the key long-term centerpieces of the deal.

Pouliot was a top-10 pick and a puck-moving, offensive defenseman that had the potential to one day be a top-pairing player in the NHL.

Four years later and he has almost become the afterthought of the trade for Pittsburgh.

Dumoulin took a major step forward last season and blossomed into one of the Penguins’ best defensive players, while Sutter was traded before the season for Nick Bonino, who would go on to become a key part of the HBK line, along with Carl Hagelin and Phil Kessel. That line was their most productive line in the playoffs and probably the biggest reason they ended up winning the Stanley Cup.

Pouliot, meanwhile, is still trying to find his place in the organization and the NHL, and if he doesn’t take a big step forward this season he could be on the verge of running out of opportunities in Pittsburgh.

When Paul Martin and Christian Ehrhoff left the Penguins in free agency following the 2014-15 season, it was expected that Pouliot would be one of the young players that would step into the lineup and get an increased opportunity, especially with a head coach — Mike Johnston — that was familiar with him due to their time together in Portland of the Western Hockey League.

But a dismal showing in training camp and the preseason earned him a ticket back to the AHL, and even when he did get called up he never really played a significant role in the lineup.

His experiences in the NHL over past two years have been mixed to say the least. He had a brilliant stretch of play late in the 2014-15 season that highlighted the skills that made him a top-10 pick in the draft, and his possession numbers have always been outstanding. But his play away from the puck has always been a work in progress, and because of his style of play he can be vulnerable to the occasional mistake that can stand out like a sore thumb. Those mistakes always get noticed, and when it is a young player without much of a track record that makes them, it usually results in a very short leash and a lengthy stay in the press box.

The Penguins have almost all of their Stanley Cup defense returning with the lone exception being Ben Lovejoy after he signed with the New Jersey Devils in free agency. Lovejoy’s departure means there will once again be another opportunity for Pouliot to potentially earn a regular spot in the lineup. His main competition will be Justin Schultz, a player that has a similar skillset and has had a similar set of criticisms directed his way throughout his career (highly skilled with the puck, questionable without it). There is probably only room for one of them in the lineup at a time when everybody is healthy, so it is probably going to be a competition between these two for that sixth spot.

Pouliot turns 23 later this season, so he still has a chance to become a productive regular at the NHL level. It’s not like he is past his peak years in the NHL. But he is also at an age where he really isn’t a “prospect” anymore, either. He is starting to enter that suspect territory where his development is at a crossroads.

Entering the final year of his entry level contract before he is eligible for restricted free agency, and with other young defensemen in the organization passing him on the depth chart (Dumoulin and Olli Maatta specifically) this is going to be a big year for Pouliot to show he belongs in the NHL on a regular basis.

Looking to make the leap: Daniel Sprong

PITTSBURGH, PA - OCTOBER 15:  Daniel Sprong #41 of the Pittsburgh Penguins handles the puck in front of Kyle Turris #7 of the Ottawa Senators during the game at Consol Energy Center on October 15, 2015 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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This is part of Pittsburgh Penguins day at PHT…

Daniel Sprong was stuck in a difficult position during the 2015-16 season.

He ended up being just one of eight players from the 2015 draft to play in the NHL, spending the first two months of the season in Pittsburgh after earning a spot on the roster thanks to an impressive training camp and preseason performance. But once there the Penguins really didn’t seem to know what to do with him. He showed flashes of the talent that earned him a spot on the roster, but it was also clear that his play away from the puck needed work and that he never completely had the trust of then-coach Mike Johnston.

If he was not a healthy scratch, he was only playing limited minutes.

But because he was only 18 years old, he was not eligible to play in the American Hockey League during the regular season due to the AHL-CHL transfer agreement.

That meant if he wasn’t going to play in Pittsburgh, a league that was probably a little too advanced for him at the time, he had to return to the QMJHL to play for his junior team, the Charlottetown Islanders, in a league that he was probably too good for. It’s an agreement that works great for the CHL, but doesn’t really give prospects the best chance to develop that season because their only options are a league where they are overmatched or a league where they are probably the best player on the ice every time they go over the boards.

Eventually, the Penguins were left with little choice and did in fact return him to the Q where he, quite predictably, dominated the competition and recorded 46 points in 33 games.

At the conclusion of Charlottetown’s season, he was able to play for the Penguins’ AHL team in Wilkes-Barre/Scranton during the playoffs where he scored five goals and added two assists in only 10 games.

The problem he is going to face this season two-fold. First, he is recovering from shoulder surgery that will keep him out of the lineup until January or February.

The second is that the Penguins’ forward group is already mostly locked in at the start as they are returning everybody from their Stanley Cup winning roster, which is going to make things tight for somebody new to break into the lineup.

But Sprong is still clearly the team’s best forward prospect at the moment and one of the few players in the system that seems to have top-six potential. Whether it’s through his own play forcing his way into NHL action or an injury, he should have an opportunity once he has recovered from his own surgery to be a factor at some point this season.

‘He’s earned it’ — Jets name Wheeler new captain

CALGARY, AB - MARCH 16: Blake Wheeler #26 of the Winnipeg Jets in action against the Calgary Flames during an NHL game at Scotiabank Saddledome on March 16, 2016 in Calgary, Alberta, Canada. (Photo by Derek Leung/Getty Images)
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It was widely assumed that Blake Wheeler would inherit Andrew Ladd‘s captaincy in Winnipeg and, on Wednesday, the club made it official.

Wheeler, 30, will become the second player to captain the Jets since the franchise moved from Atlanta in 2011, with Dustin Byfuglien and Mark Scheifele serving as alternates.

The Wheeler decision was something of a no-brainer, as he’s one of the club’s longest tenured player (seven seasons and counting), spending the the last three as one of Ladd’s alternate captains.

In the summer of ’13, Wheeler inked a six-year, $33.6 million extension with the Jets and has since established himself as one of the clubhouse leaders. He was a prominent voice during the Evander Kane saga, mincing no words when explaining what was expected of Jets players.

“There’s a standard that everyone needs to live up to,” Wheeler said, per the Sun. “We’re professionals, we make a lot of money. And we’re expected to uphold a certain standard. That’s the code we live by.

“If you don’t like it then there’s other places to go. This is the way we do things.”

Flyers unveil golden 50th anniversary jerseys

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It might seem inappropriate to release Flyers news on Pittsburgh Penguins day at PHT but, given the immediate backlash to said news, maybe it’s appropriate after all.

On Wednesday, the Flyers unveiled their commemorative 50th anniversary jerseys, which are basically regular Flyers jerseys, but with some gold on them.

Not sure what else to say. They’re gold. Guess it’s worth mentioning the inside collar of each jersey is emblazoned with “EST. 1967,” an homage to the year the Flyers entered the NHL as an expansion franchise.

Oh yeah, Philly will wear the new third jersey 12 times this season, per TSN.

Shortly after the release, the Internet went ahead and did what it does:

For more on the jerseys, click here.