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.

Team Europe’s next challenge: Beat the unbeatable

TORONTO, ON - SEPTEMBER 24: Team Canada salute the fans following their 5-3 win over Team Russia during the World Cup of Hockey at the semifinal game during the World Cup of Hockey tournament at Air Canada Centre on September 24, 2016 in Toronto, Ontario, Canada.  (Photo by Dennis Pajot/Getty Images)
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Team Europe has already done more than anybody expected them to do at the World Cup by reaching the Final thanks to their stunning overtime win against Sweden in the semifinal on Sunday.

Just getting to this point, after beating the United States and Sweden — two of the world’s biggest hockey powers — along the way is a major accomplishment that would have seemed to be a nearly impossible task just two weeks ago.

Now they have one more seemingly impossible task in front of them: Beat Canada.

And not just beat Canada, but beat them twice.

In only three games.

For any team in this tournament that would have been a tall task in the championship round. Not only does Canada bring an insanely deep roster to the table that has multiple MVP candidates, Norris Trophy candidates, and Vezina Trophy candidates on it, but their recent play on the ice matches the absurdity of the roster on paper.

They don’t just win, they dominate teams.

Since the start of the 2014 Olympics this is what Team Canada has done to its opponents in the two major best-on-best tournaments it has played:

  1. They are 10-0
  2. They have outscored teams by a 36-9 margin
  3. They are coming off of a semifinal game against Russia where they nearly put up 50 shots on goal in a regulation game
  4. They have allowed more than one goal in just two of those games, and more than two goals just once

The games haven’t even been as close as the final scores would indicate because the final scores haven’t always reflected the level of dominance on display. A one or two goal deficit against these guys and their style of play usually feels like a 50 goal deficit.

On paper, this seems like it should already be over before it even begins.

But the beauty of a short series is that even when the two teams don’t match up on paper, random things can happen, mostly because of the X-factor that is goaltending.

Right now Europe’s Jaroslav Halak is putting quite a story together in this tournament. He has helped underdogs knock off superior teams in the past when he gets on a roll like the one he is on now.

It is going to take all of that and more to help Europe beat Canada two times over the next week.

They have already done what seemed to be the impossible to get to this point. Now they just have to do what seems to be the impossible again.

Twice.

Jaroslav Halak carried Team Europe to the World Cup Final

TORONTO, ON - SEPTEMBER 25:  Jaroslav Halak #41 of Team Europe celebrates a 3-2 overtime victory over Team Sweden at the semifinal game during the World Cup of Hockey tournament at the Air Canada Centre on September 25, 2016 in Toronto, Canada.  (Photo by Bruce Bennett/Getty Images)
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Jaroslav Halak is doing it again.

He is taking an undermanned team, one that doesn’t match up with its opponents on paper, and carrying it to a level nobody expected it to reach.

He did it during the 2010 NHL playoffs as a member of the Montreal Canadiens when he helped a No. 8 seed upset that year’s Presidents’ Trophy winning team in the first round, and then the defending Stanley Cup champions in the second round. The Canadiens were mostly outplayed in each series, but Halak was so good, and so dominant, that it didn’t matter. He was the single biggest reason his team reached the Eastern Conference Final that year.

He showed how much of an impact a hot goalie can make on a team a short series.

He is kind of doing it again this year at the World Cup for Team Europe as it is now in the championship series getting ready to take on Team Canada.

The team in front of him isn’t getting outplayed to the same degree that the 2010 Canadiens were in those playoffs, but Halak has still been his team’s best player and the biggest factor in its current success. His .946 save percentage through four games is among the best in the tournament, while his 37 save effort in the semifinal on Sunday was probably his best one so far (and that includes his opening game shutout against the United States).

The European team has its share of forward talent up front. Anze Kopitar is one of the best two-way players in hockey and has been spectacular in this tournament. Marian Gaborik and Thomas Vanek are former 40-goal scorers in the NHL, while Frans Nielsen has always been one of the more underrated players in the league.

But the defense, even with a great player like Roman Josi, doesn’t really come close to matching some other teams in the tournament.

It has two players that don’t currently have NHL contracts (Dennis Seidenberg and Christian Ehrhoff). Zdeno Chara is 38 years old and has clearly slowed down from where he was a few years ago.

As a team, they have the oldest roster in the tournament, and based on their pre-tournament games it looked like they were going to be nothing more than a minor speed bump for the rest of their teams in their group.

Put all of that together and it put a ton of pressure on Halak to be on top of his game to give his team a chance to even stay competitive, let alone win.

He has done that and more so far in the tournament, and it is the single biggest reason the team that opened the tournament as the biggest long shot to win the whole thing (33/1) is in the final.

From a big picture standpoint Halak is not the best goalie in hockey. But sometimes in a short tournament all you need is a good goalie to get on a hot streak. And he is still capable of putting together those streaks that can carry a team, and he is doing it again in this tournament just as he did in the 2010 playoffs.

Stunner: Team Europe beats Sweden, advances to World Cup Final

TORONTO, ON - SEPTEMBER 25:  Marian Gaborik #12 of Team Europe is congratulated by his teammates after scoring a second period goal against Team Sweden at the semifinal game during the World Cup of Hockey tournament at  Air Canada Centre on September 25, 2016 in Toronto, Canada.  (Photo by Chris Tanouye/Getty Images)
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When the World Cup began earlier this month, Team Europe, a collection of players from eight European countries that did not have their own team in the tournament, was thought to be the weakest team in the field.

Not necessarily a bad team, but one that seemed like it would have trouble keeping up with the hockey superpowers that made up the remainder of the field. That thinking seemed to be confirmed in the pre-tournament games when the North American young stars team skated them out of the building in what the European team admitted was a wakeup call.

All of that is why they still have to actually play the games, and in a short tournament like this anything can happen. 

In this case, anything did happen.

Thanks to their 3-2 overtime win over Team Sweden on Sunday afternoon in the World Cup semifinals, Team Europe has clinched a spot in the World Cup final series and will take on Canada in a best-of-three round that begins on Tuesday night.

It’s been an incredible and almost unbelievable run so far Europe. They frustrated the United States in their opener and shut them out, beat the Czech Republic in overtime, and then on Sunday shut down Sweden to advance to the final. 

The biggest part of their success has to be the play of their goaltender Jaroslav Halak, who has been their best player the entire tournament.

On Sunday, he stopped 37 out of 39 shots and improved his save percentage in the tournament to .946.

The other big star for Team Europe on Sunday was Detroit Red Wings forward Tomas Tatar who scored a pair of goals, including the overtime winner.

After Marian Gaborik scored late in the second period to tie the game at one, Tatar opened the third period with a goal just 12 seconds in when he followed up his own shot and beat Sweden’s Henrik Lundqvist to give Europe its first lead of the game.

Sweden’s Erik Karlsson scored late in the third period to send the game to overtime.

Europe now haas to get ready to face a Canadian team that is 4-0 in the tournament and outscored its opponents by a 19-6 margin.

Canada beat Europe in the first round 4-1.

Sounds like Blues will be more aggressive

GLENDALE, AZ - JANUARY 06:  Head coach Ken Hitchcock of the St. Louis Blues watches from the bench during the NHL game against the Arizona Coyotes at Gila River Arena on January 6, 2015 in Glendale, Arizona. The Blues defeated the Coyotes 6-0.  (Photo by Christian Petersen/Getty Images)
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With their former captain now a member of the Boston Bruins and their coach on year-to-year deals, it’s appropriate to say that the St. Louis Blues are in a period of transitions.

It’s also a convenient choice of words, as it sounds like the Blues are going to change the way they transition on the ice.

That’s the indication given by the St. Louis Post-Dispatch, and players like Chris Porter approve.

“The play in the neutral zone will fit this team great with the speed and the size that they already have in place,” Porter said. “I don’t think it’s a huge adjustment for the guys, I think it’s just a little tweak here or there.”

Perhaps hiring Mike Yeo had something to do with taking a more modern approach?

Either way, getting more aggressive makes a lot of sense for the Blues, at least on paper.

With David Backes and Troy Brouwer out of town, younger and speedier players get to take more of a role. Some Blues fans will probably view this tweak – big or small – as a long time coming.

Of course, there’s a give-and-take when it comes to situations like these, and becoming more attack-minded sure makes retaining Kevin Shattenkirk that much more important. The underrated blueliner still expects to be moved despite being named an alternate captain, yet you wonder if these changes might prompt GM Doug Armstrong to try to pull some strings to keep him around.

(Giving Alexander Steen a contract extension means that much less room for the likes of Shattenkirk.)

Even if the Blues eventually need to part ways with Shattenkirk, there are some other nice assets who can use this change as a catalyst to push this team up another level.

In an ideal scenario, the Blues would enjoy those improvements and keep Shattenkirk to reap those rewards.