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.

Crosby: Penguins ‘probably deserved better’ vs. Senators in Game 6

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If you didn’t know that the Stanley Cup Playoffs can be awfully cruel, then the last week or so of action should make it pretty clear.

The Nashville Predators lost top center Ryan Johansen to a scary ailment few would have seen coming. The Anaheim Ducks fell in both games to the Johansen-less Predators, even after dominating significant chunks of Game 6. At least one Ducks player wondered if the better team won.

Much like in life, “fair” and “deserve” only matter so much. Sports have a scoreboard to serve as the ultimate deciding factor.

The Pittsburgh Penguins have similar thoughts after falling 2-1 to the Ottawa Senators tonight, extending the Eastern Conference Final to a decisive Game 7. You can nitpick questionable penalties and missed chances, but really, how negative can you be after Craig Anderson puts forth a blazing 45-save performance (with no overtime)?

Mike Sullivan and others echoed such thoughts.

” … Obviously, we’re disappointed in the result, but I don’t think we can get discouraged by that,” Sullivan said. “I think we’ve got to take the positives from it, and we’ve got to build on it, and we’ve got to become a more determined team for Game 7.

That’s not the sort of take that’s going to make the Senators angry in Game 7. The tone of the Senators’ discussions was likely very different after they lost Game 5 by a 7-0 score, yet maybe there was similar self belief.

Anderson puzzles Penguins as Senators force Game 7

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Who could blame fans for chanting “Andy” tonight?

The Ottawa Senators said they would choose to fight in Game 6, and Craig Anderson truly battled in this one, refusing to allow this unlikely run to an end on Tuesday. They wouldn’t roll over, even after a 7-0 humiliation in Game 5.

The underrated goalie continued his memorable (and emotional) 2016-17 season with a brilliant performance, making 45 saves to help Ottawa manage a gutsy 2-1 win against the Pittsburgh Penguins.

With that, hockey fans get a true treat: the Eastern Conference will go to a Game 7 on Thursday.

The Senators opted for a “bend but don’t break” strategy for much of the contest, possibly to Guy Boucher’s preference. Even so, the Penguins managed to grind their way to a 1-0 win thanks to another hard-work goal from Evgeni Malkin.

Mistakes would come back to haunt the Penguins, however, as Bobby Ryan broke Ottawa’s lengthy power-play drought to tie things up on a 5-on-3.

With their season in question thanks to a 1-1 tie in the third period, Mike Hoffman sent a booming shot by Matt Murray, and that ended up being all the Senators needed to tie the series 3-3.

Anderson was the standout, but Erik Karlsson was a hero in the way his detractors might not expect.

You can watch Game 7 on NBCSN at 8 p.m. ET on Thursday. The game is also available to stream via the NBC Sports App.

Report: Avalanche get permission to speak with Leafs assistant GM Dubas

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Could one of the most hapless possession teams of this more analytics-leaning era nab arguably the most promising analytics-leaning executive in the NHL?

It’s a reasonable question, as Sportsnet’s Elliotte Friedman reports that the Colorado Avalanche asked for and received permission to speak to Toronto Maple Leafs assistant GM Kyle Dubas.

Current GM Joe Sakic recently got a vote of confidence and also cleaned out some of the coaching staff around Jared Bednar, so this is certainly a time of change for the Avalanche.

It will be interesting to see what kind of role Dubas would receive if he did join the fold in Colorado. Would he still be considered an assistant GM, only with more sway with what would likely be a smaller group of decision-makers? Could we see Sakic move up and give Dubas the full GM title (or eventually transition that role to the young upstart)? Might there be some other factor that would qualify as a more “outside the box” idea?

One thing seems clear: the Avalanche might want to be decisive, as demand could be significant for Dubas if he’s even somewhat on the market.

This could be interesting, especially if you’re a nerd for team-building storylines.

Video: Senators score twice to take 2-1 lead in Game 6

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The Ottawa Senators have defied odds during the Stanley Cup Playoffs, and they’ve done so with what’s often been an ice-cold power play.

They finally struck gold on the man advantage on Tuesday, and at a key moment. The Pittsburgh Penguins were dominating much of the game and pressing for an even bigger edge after Evgeni Malkin made it 1-0.

Maybe the Penguins got overzealous, or maybe officials … finally started making some calls. Either way, the Senators ended up with a 5-on-3 advantage for almost a minute-and-a-half. With that opportunity, Bobby Ryan scored a huge goal for Ottawa on a shot that was both oddly and perfectly placed.

Moments later, Kyle Turris narrowly missed a golden opportunity, so the contest remained tied 1-1.

Despite a late push by the Penguins to finish the second, Game 6 will enter the third period with a 1-1 score.

CLICK HERE TO WATCH LIVE COVERAGE FOR GAME 6

Update: Mike Hoffman‘s booming shot gave the Senators a 2-1 lead in the third. We’ll see if Pittsburgh can tie it up.