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.

Kane scores OT-winner, caps Islanders’ bumpy start in Brooklyn

Patrick Kane
1 Comment

On paper, it’s the perfect way to kick off meaningful hockey in Brooklyn, as the New York Islanders faced the defending champion Chicago Blackhawks on Friday.

In reality, there were some highs and lows, culminating with Patrick Kane scoring a power-play overtime-winner to give Chicago a 3-2 (OT) win.

The Barclays Center crowd was going to be a big part of the story one way or another, but even by building-opening standards, the audience made some waves.

Indeed, Kane was greeted with some jeers during his first road appearance of the 2015-16 season, though he didn’t sound surprised.

(There were other controversial chants, apparently.)

Speaking of the crowd, it may not have been the greatest turnout:

ESPN goes way, way in depth on how the change of locale was received, by the way.

It wasn’t a perfect night inside the rink, either, as there weren’t exactly rave reviews about ice quality. New York Newsday’s Arthur Staple compared the ice to a “slushy” and “soup,” with an anonymous Islander (or Islanders) describing the conditions as “awful.”

Kane was pretty diplomatic about it, for what it’s worth.


So, no, it was not a perfect night for the Islanders.

They probably envisioned a teeming, perfectly mannered crowd. Management likely expected Jaroslav Halak to be in net, too.

Sometimes breaking ground is often about overcoming those early stumbles, though, and maybe the best review is to parallel the on-ice results: the Isles at least got a point out of it.

Let’s not forget that there are some cool perks that come with this situation, even if the specifics may vary.

If you want even more information/photos/etc., you’d probably do well to check out #IslesOpeningNight.

Columbus collapse: Rangers spoil Blue Jackets’ opener

1 Comment

For a little more than a minute, Brandon Saad was going to be the story of the Columbus Blue Jackets’ opener. Instead, his power-play goal merely got the ball rolling on a flabbergasting finish.

The New York Rangers scored three goals in 1:17 of game time to manage a 4-2 win.

They’ve now spoiled home openers for the Chicago Blackhawks and Columbus Blue Jackets to begin their 2015-16 season.

It might be easiest just to show you when the goals were scored, noting that the third period began with a 1-1 tie.

Brandon Saad power-play goal: 16:10 into third period (2-1 Columbus)
Oscar Lindberg: 17:24 (2-2 tie)
Kevin Hayes: 17:41 (3-2 Rangers)
Mats Zuccarello: 18:41 (4-2 Rangers)

Yikes. Zuccarello scored two of the Rangers’ goals, while a beauty by Cam Atkinson is likely long forgotten.