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.

Ben Bishop shows off his new Team USA World Cup mask

TAMPA, FL - JUNE 06: Ben Bishop #30 of the Tampa Bay Lightning looks on against the Chicago Blackhawks during Game Two of the 2015 NHL Stanley Cup Final at Amalie Arena on June 6, 2015 in Tampa, Florida.  (Photo by Scott Iskowitz/Getty Images)
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Ben Bishop enjoyed plenty of success during the 2015-16 season and it didn’t go unnoticed. That’s why the veteran was selected to be part of Team USA for this fall’s World Cup of Hockey.

Team USA is loaded in goal, as they’ll be bringing Bishop, Los Angeles’ Jonathan Quick and New Jersey’s Cory Schneider. It’ll be interesting to see how the coaching staff approaches this situation heading into the tournament.

Even if Bishop doesn’t start every game for Team USA, he can still say he has a pretty cool goalie mask for the occasion.

On Saturday, Bishop took to Twitter to show off his new piece of equipment:

That’s a pretty sweet mask!

With arbitration hearing looming, Corrado and Leafs aren’t that far apart

TORONTO, ON - MARCH 5:  Frank Corrado #20 of the Toronto Maple Leafs waits for a puck drop against the Ottawa Senators during an NHL game at the Air Canada Centre on March 5,2016 in Toronto, Ontario, Canada. The Senators defeated the Maple Leafs 3-2. (Photo by Claus Andersen/Getty Images)
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Frank Corrado should be used to waiting by now. He had to wait 28 games before the Leafs inserted him into the lineup for the first time last season and now he’s waiting for a new contract.

There’s still a gap between the two sides, but it doesn’t appear to be very significant. Corrado and the Leafs will head to arbitration on July 26th unless the two sides can agree to a new deal before then.

According to Sportsnet’s Elliotte Friedman, The Leafs have two different offers on the table. One is a two-way contract, while the other is a one-way deal that would see him make less money if he sticks in the NHL. Corrado is looking for a one-way deal worth $900,000.

Toronto scooped Corrado up off waivers from the Canucks prior to the start of the 2015-16 season. Despite waiting a while to actually hit the ice as a Leaf, Corrado finished the season with one goal, six points and a minus-12 rating in 39 games. He averaged 14:27 of ice time.

Splitting the difference would result in Corrado making roughly $737,500 next season.

The Maple Leafs are also scheduled to go to arbitration with forward Peter Holland (July 25) and defeseman Martin Marincin (Aug. 2).

Blues GM: We may take ‘half a step back,’ while young veterans grow into leadership roles

DALLAS, TX - MARCH 12:  Alex Pietrangelo #27 of the St. Louis Blues celebrates with Jaden Schwartz #17 of the St. Louis Blues, Dmitrij Jaskin #23 of the St. Louis Blues and Jori Lehtera #12 of the St. Louis Blues after scoring the game-winning goal against the Dallas Stars in overtime at American Airlines Center on March 12, 2016 in Dallas, Texas.  (Photo by Tom Pennington/Getty Images)
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After a few early exits from the Stanley Cup playoffs, the St. Louis Blues were finally able to make a long run. Granted, they didn’t win the Stanley Cup or make it to the final, but they did manage to reach the Western Conference Final.

Unfortunately for the Blues (and a lot of other teams), the NHL’s salary cap number didn’t increase very much and it forced the organization to part ways with a number of key veterans. Gone are captain David Backes, winger Troy Brouwer and goalie Brian Elliott.

There could be even more change between now and the start of the year, as Kevin Shattenkirk could find himself elsewhere.

Those key departures mean that the Blues will need some of their younger players to step up and take on more of a leadership role starting this fall. How will the team respond? Nobody knows, not even GM Doug Armstrong.

“It’s going to be an interesting case study on how quickly this group takes up the leadership,” Armstrong said, per the Boston Globe. “Can they do it in September? Or does it take them a year? There’s certainly a faith that over time, they’re going to pick it up without any issue. Obviously you want them to pick it up as quickly as possible. We don’t want to take any backwards movement in our organization. But sometimes you do expose yourself to maybe taking half a step back to take a couple steps forward.”

Young leaders like Vladimir Tarasenko, Jaden Schwartz and Alex Pietrangelo will need to “step up” in the leadership department, but the Blues aren’t completely out of veterans. Jay Bouwmeester, Paul Stastny and Alex Steen are all still on the roster. Still, it’ll be interesting to see if the Blues take that “half step back” that Armstrong was talking about.

Related:

Jake Allen still needs to prove he’s a ‘legit’ number one goalie

Blues sign Schwartz to five-year deal

Backes doesn’t want to ‘sling mud’ at Blues on his way out

Newest Coyote Schenn is looking forward to playing in a market with no ‘outside added pressure’

SAN JOSE, CA - APRIL 20:  Luke Schenn #52 of the Los Angeles Kings looks back at Joe Thornton #19 of the San Jose Sharks after Schenn was called for roughing in Game Four of the Western Conference First Round during the NHL 2016 Stanley Cup Playoffs at SAP Center on April 20, 2016 in San Jose, California.  (Photo by Ezra Shaw/Getty Images)
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Since coming to the NHL as an 18-year-old in 2008, Luke Schenn has had the opportunity to play in Toronto, Philadelphia and Los Angeles. Playing in cities that love hockey is great, but it also comes with a certain amount of pressure.

Schenn, who is a former fifth overall pick, hasn’t lived up to his lofty draft status and when you underachieve in Toronto and Philadelphia, the fans and media make sure you know it.

On Saturday, Schenn signed a two-year deal in Arizona, which is a non-traditional hockey market. It sounds like it may have been done by design.

“I’m looking forward to coming to a market where I can just worry about playing hockey and not outside added pressure, and hopefully growing with the team,” Schenn said of signing with the Coyotes, per the team’s website. “I know they have a lot of upside and I still feel like I’ve hopefully got some upside, too. (I’m) still at a good age where I can continue to grow with them and evolve.”

The Coyotes have Oliver Ekman-Larsson and Alex Goligoski who are more than capable of moving the puck up the ice and players like Schenn and Zbynek Michalek will be counted on to provide some defensive stability.

“They’ve got a lot of guys who can shoot the puck and move the puck well and (who’ve) got a good offensive instinct for the game, so I just want to try to play solid defensively and help out in the defensive zone and on the penalty kill and play physical,” added Schenn. “Obviously, the way the game is now there’s a lot of skating so you’ve definitely got to pick your spots to be physical, but I still think there’s definitely still a need for that.”

Arizona still needs to work out deals with restricted free agents Michael Stone and Connor Murphy. Even if both players return next season, Schenn should still have a role as a four, five or six defenseman with the ‘Yotes.