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.

Video: Things get heated before Lightning – Islanders Game 3

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You know a playoff series is starting to rev up when teams can’t even peacefully share an ice surface during warm-ups.

The New York Islanders and Tampa Bay Lightning seemed to draw a red line in the sand between each other before Game 3, with the two sides exchanging a couple bumps and mean looks.

It’s … honestly a pretty amusing spectacle.

You can watch it all in the video above. Perhaps this GIF will fuel a meme or two:

Brian Boyle downplayed the exchange(s):

Penguins bring up Sestito and Oleksy

New Jersey Devils right wing Jordin Tootoo (22) fights with Pittsburgh Penguins left wing Tom Sestito (47) during the first period of an NHL hockey game Sunday, March 6, 2016, in Newark, N.J. (AP Photo/Mel Evans)
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The Pittsburgh Penguins recalled tough guys Tom Sestito and Steve Oleksy from the AHL on Tuesday.

This move makes a sense for a couple of reasons.

Most clearly, things are getting nasty between the Penguins and Washington Capitals, so Pittsburgh is bringing in a couple of brutes. Each player isn’t shy about piling up penalty minutes, whether that be in the NHL or AHL.

The other reason: with injuries and Kris Letang‘s suspension, Oleksy could provide some depth. Justin Schultz is motivated to prove himself, yet Oleksy provides a little insurance.

Is it the ideal scenario in a big playoff game? Nope, but if brute force ends up being a factor, the Penguins added some muscle.

WATCH LIVE: Lightning at Islanders – Game 3

New York Islanders left wing Matt Martin (17) flights near the net with Tampa Bay Lightning right wing Ryan Callahan (24),center,  and defenseman Victor Hedman (77), of Sweden, during the first period of Game 2 of the NHL hockey Stanley Cup Eastern Conference semifinals Saturday, April 30, 2016, in Tampa, Fla. Tampa Bay Lightning goalie Ben Bishop (30) falls on the ice. (AP Photo/Chris O'Meara)
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The Tampa Bay Lightning will look to take the series lead for the first time against the New York Islanders, who are trying to regain the advantage on home ice at the Barclays Center after a split in Tampa Bay. You can catch Game 3 between these teams on NBCSN (7 p.m. ET) or online with the NBC Sports’ Live Extra.

CLICK HERE TO WATCH LIVE

Here are some links to check out for tonight’s game:

Strome saga continues, will be a healthy scratch for Game 3

Halak practices fully, hoping to be back soon

 

Anisimov out six to eight weeks after undergoing ‘successful’ wrist surgery

Chicago Blackhawks' Artem Anisimov tries to handle a rebound from Montreal Canadiens goalie Mike Condon during the second period of an NHL hockey game Thursday, Jan. 14, 2016, in Montreal. (Paul Chiasson/The Canadian Press via AP)
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Artem Anisimov on Tuesday underwent successful surgery on his injured right wrist, the Chicago Blackhawks announced.

“We anticipate his return to full hockey activities in approximately six to eight weeks,” said team physician Dr. Michael Terry in a statement.

The news comes eight days after the Blackhawks were ousted in the first round, eliminated in seven games by the St. Louis Blues.

Acquired from the Columbus Blue Jackets in last summer’s blockbuster deal for Brandon Saad, the 27-year-old Anisimov enjoyed the second 20-goal season of his career and fell just two points shy of his previous career best of 44 when he was with the New York Rangers.

He played the bulk of this season on a line with two highly skilled players in Patrick Kane, the league-leader in points with 106, and Artemi Panarin, named as a Calder Trophy finalist on Monday.

In March, Anisimov was named to Russia’s preliminary roster for the upcoming World Cup of Hockey, although the recovery schedule outlined above should allow plenty of time for Anisimov to be physically ready for the tournament when it begins in September.

Related: Three major challenges facing the Chicago Blackhawks, who won’t be champs in 2016