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.

2017 Stanley Cup Playoffs second-round schedule

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Time to get your ducks in a row (Anaheim or otherwise), as the second-round schedule has been released.

As you can see, the West series begin on Wednesday while the East ones kick into gear on Thursday. Read up on the matchups here.

For the sixth consecutive year, every Stanley Cup playoff game will be presented nationally across the platforms of NBC Sports Group and select NBCUniversal networks.

(Games listed by date, start time, teams and network.)

EASTERN CONFERENCE

Date TIME (ET) #1 Washington vs. #2 Pittsburgh Networks
Thursday, April 27 7:30 p.m. Pittsburgh at Washington NBCSN, Sportsnet, TVA Sports
Saturday, April 29 8 p.m. Pittsburgh at Washington NBC, CBC, TVA Sports
Monday, May 1 7:30 p.m. Washington at Pittsburgh NBCSN, CBC, TVA Sports
Wednesday, May 3 7:30 p.m. Washington at Pittsburgh NBCSN, CBC, TVA Sports
*Saturday, May 6 TBD Pittsburgh at Washington TBD
*Monday, May 8 TBD Washington at Pittsburgh TBD
*Wednesday, May 10 TBD Pittsburgh at Washington TBD

Date TIME (ET) #2 Ottawa vs. #4 NY Rangers Networks
Thursday, April 27 7 p.m. NY Rangers at Ottawa CNBC, CBC, TVA Sports
Saturday, April 29 3 p.m. NY Rangers at Ottawa NBC, CBC, TVA Sports
Tuesday, May 2 7 p.m. Ottawa at NY Rangers NBCSN, CBC, TVA Sports
Thursday, May 4 7:30 p.m. Ottawa at NY Rangers NBCSN, CBC, TVA Sports
*Saturday, May 6 TBD NY Rangers at Ottawa TBD
*Tuesday, May 9 TBD Ottawa at NY Rangers TBD
*Thursday, May 11 TBD NY Rangers at Ottawa TBD

WESTERN CONFERENCE

Date TIME (ET) #1 Anaheim vs. #2 Edmonton Networks
Wednesday, April 26 10:30 p.m. Edmonton at Anaheim NBCSN, Sportsnet, TVA Sports
Friday, April 28 10:30 p.m. Edmonton at Anaheim NBCSN, Sportsnet, TVA Sports
Sunday, April 30 7 p.m. Anaheim at Edmonton NBCSN, Sportsnet, TVA Sports
Wednesday, May 3 10 p.m. Anaheim at Edmonton NBCSN, Sportsnet, TVA Sports
*Friday, May 5 TBD Edmonton at Anaheim TBD
*Sunday, May 7 TBD Anaheim at Edmonton TBD
*Wednesday, May 10 TBD Edmonton at Anaheim TBD

Date TIME (ET) #3 St. Louis vs. #4 Nashville Networks
Wednesday, April 26 8 p.m. Nashville at St. Louis NBCSN, CBC, TVA Sports
Friday, April 28 8 p.m. Nashville at St. Louis NBCSN, CBC, TVA Sports
Sunday, April 30 3 p.m. St. Louis at Nashville NBC, Sportsnet, TVA Sports
Tuesday, May 2 9:30 p.m. St. Louis at Nashville NBCSN, Sportsnet, TVA Sports
*Friday, May 5 TBD Nashville at St. Louis TBD
*Sunday, May 7 TBD St. Louis at Nashville TBD
*Tuesday, May 9 TBD Nashville at St. Louis TBD

Starting time and national broadcast information for games listed TBD will be announced when available.

2017 Stanley Cup Playoffs: Second-round matchups

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Want to know when and how to watch each game? Check out the second-round schedule here.

Eastern Conference

Washington Capitals vs. Pittsburgh Penguins

Washington really had to sweat it against Toronto, but while the journey took more twists and turns than expected, both juggernauts ended up in a position to justify their statuses as favorites.

During the Alex Ovechkin and Sidney Crosby runs for the franchises, the Penguins won both second-round series (first in 2009 and then last year). In each case, Pittsburgh went on to win the Stanley Cup.

Will the Capitals finally break through in what might be their best chance ever? There isn’t a better way for them to truly prove their mettle than to do so against a Penguins team that looks dangerous, even with key injuries to consider.

Ottawa Senators vs. New York Rangers

Both teams beat higher seeds in the first round, surprising at least some. There are some fun storylines here, from a clash of two star Swedes (Erik Karlsson vs. Henrik Lundqvist) to fun trade talk involving Mika Zibanejad and Derick Brassard.

On paper, these teams aren’t as linked as the other East series, but playoff glory can make franchises become hated rivals in little time.

Western Conference

Anaheim Ducks vs. Edmonton Oilers

So much orange. So many goals?

With the Blackhawks, Kings, Wild and Sharks out, the Ducks get home-ice in the West and probably rank as the most familiar contender in a conference that seems heavy on “new blood.” Then again, they’re still driven by a red-hot Ryan Getzlaf, but this isn’t the same Anaheim squad as the last time they made a longer run.

Speaking of new blood, it’s unavoidable to describe the Oilers any other way. Edmonton hopes to keep its first playoff run in more than a decade going, and this series might actually be a better showcase for Connor McDavid than those tighter games vs. the Sharks.

St. Louis Blues vs. Nashville Predators

Is there a matchup of goalies on hotter streaks right now than Jake Allen vs. Pekka Rinne? These “underdogs” held the top teams in the Central Division to one playoff victory combined.

While there are plenty of carryover characters from previous postseason editions of the Blues (Vladimir Tarasenko, Alex Steen) and the Predators (Roman Josi), there’s also a new Blues coach in Mike Yeo and newly featured Nashville pieces such as P.K. Subban.

Which team will go deeper than many outside of their locker room expected? We’ll find out.

Capitals close out Maple Leafs after one last OT classic

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The Toronto Maple Leafs couldn’t grab the torch from the Washington Capitals in this series, but they put up a tremendous struggle.

Auston Matthews continued to make an impression with a goal in his fourth consecutive game, yet it wasn’t enough to send this scintillating series to a Game 7. Instead, Marcus Johansson collected tying and game-winning goals, leading Washington to a 2-1 OT win to take the series 4-2.

Here is video of the tally that ended Toronto’s season:

While the Capitals taking on the Pittsburgh Penguins is “expected,” the path to get there wasn’t as many drew it up. Toronto gave Washington all it can handle in a series that tied a record with five trips beyond regulation.

The Maple Leafs can take heart in pushing the play for large spans of the series, although there have also been spans where it felt like the Caps found that extra gear.

Toronto fans who’ve been longing for a return to playoff glory must be experiencing mixed feelings. This young bunch achieved more than just about anyone expected, particularly in this series against the Presidents’ Trophy winners. That might be why it burns, though; Buds fans deal with the bitter feeling of so close.

Then again, the Capitals know all about that. They hope to avoid repeating such history in this huge opportunity. Perhaps facing a far tougher-than-expected challenge to start things off might be a blessing in disguise?

Capitals’ Schmidt hurt by Leafs’ Komarov; Record 18th playoff game to OT

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Now, players are known to at least try to return to games after injuries, sometimes ultimately leaving such efforts unsuccessful.

So, it’s possible that the Washington Capitals should still be concerned about defenseman Nate Schmidt. The solid depth blueliner was helped off the ice after a hit by Leo Komarov of the Toronto Maple Leafs, but the good news is that he was at least able to make his way back for a spin later on in the same third period.

Does that mean he’ll be OK? We’ll see. The game is entering OT – the 18th of this round, a new NHL record – so a possible Schmidt injury could put Washington at a disadvantage during “free hockey.”

It makes sense that Toronto and Washington made it a new record, as this is the fifth time in six games that they beyond regulation in this series. Wow.