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: AHL’s Iowa Wild and Chicago Wolves brawl on … and off the ice

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The AHL’s Iowa Wild and Chicago Wolves engaged in a brawl that eventually spilled out into a hallway at the Allstate Arena on Saturday — the same day the cult classic movie ‘Slap Shot’ apparently celebrated the 40th anniversary of its release.

Talk about timing.

A line brawl broke out on the ice between the Wolves and Wild with less than three minutes remaining in the third period of Saturday’s game. But the fighting didn’t end there. Video highlights show several players, still in full gear, involved shortly after in an altercation off the ice.

Video shows Vince Dunn of the Wolves and Kurtis Gabriel trading punches off the ice before Gabriel is knocked to the ground and more players — and staff in the arena — intervene.

It looked like Dunn was on his way to the dressing room when Gabriel came over, leading to their off-ice bout.

The incident is sure to result in supplementary discipline from the AHL.

These teams, which combined for 70 penalty minutes Saturday, meet again Sunday. So, that could be interesting — to say the least.

Canucks GM Benning says mumps outbreak won’t impact trade deadline plans

BUFFALO, NY - JUNE 24: Jim Benning of the Vancouver Canucks attends round one of the 2016 NHL Draft on June 24, 2016 in Buffalo, New York.  (Photo by Bruce Bennett/Getty Images)
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Let’s set the scene for what the Vancouver Canucks were facing Saturday:

— On Friday, it was announced the team was dealing with an outbreak of the mumps. Rookie defenseman Troy Stecher was the first confirmed case and four others — Chris Tanev, Nikita Tryamkin, Markus Granlund and Mike Chaput — were all showing symptoms.

— Currently out of a playoff spot, the Canucks were facing the Pacific Division-leading Sharks.

— The Canucks were playing their first game out of the bye week and many other teams have struggled in the first game back from their mandated week off.

— The trade deadline is looming and the Canucks are expected to be sellers next week.

Pressure is growing in Vancouver ahead of the trade deadline, especially after last year’s debacle. The Canucks had a 1.3 per cent chance of making the playoffs before Saturday’s 4-1 loss to San Jose. The playoff dream is over. It has been for a long time. But the Canucks do have veteran players — the names Alex Burrows, Jannik Hansen and Ryan Miller have been brought up — other teams in contention might be willing to trade for, which would help Vancouver add draft picks or perhaps even some quality prospects.

In an interview with TSN 1040 on Friday, GM Jim Benning admitted he’s asked players with no-trade clauses to submit a list of teams they would accept a trade to ahead of the deadline.

From the Vancouver Sun:

Winger Alex Burrows, a 12-year-Canuck who like Miller is due to become an unrestricted free agent on July 1, will draw trade interest but can veto a move with his NTC.

Not so Miller and Hansen, who can limit Benning’s trade field but cannot fully prevent a deal.

Miller, 36, submitted a list of five teams he can be traded to, while Hansen was required to identify eight potential trade destinations.

Now, how will this recent mumps outbreak impact Benning’s plans leading up to Wednesday?

“I don’t know if it will have any effect on that or not,” Benning said in his radio interview.

“This happened to other teams a few years ago and once the players go through the five-day incubation period, they’re fine. And so they can keep playing. I don’t think it will have any effect on that.”

Despite their playoff hopes hanging by a thread and a lineup with three AHL call-ups in Alex Grenier, Joseph LaBate and Evan McEneny, the Canucks somehow kept this close until midway through the third period.

LaBate planted Melker Karlsson with a hit and was eventually challenged to a fight in the third period. Karlsson left the game but did return for the third period.

At times, they actually outplayed the visitors through two periods but couldn’t find the lead and eventually the Sharks took over in the third period. Patrick Marleau gave them the lead late in the second period and Mikkel Boedker essentially put it out of reach.

For the Canucks, there was another case of illness Saturday.

Defenseman Luca Sbisa left the game and didn’t return with what the club said was a stomach flu, although given the situation in Vancouver, it will be worth monitoring to see if that diagnosis changes.

Crosby, Penguins deliver blow to Flyers’ playoff chances in Stadium Series

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PITTSBURGH — The first time the Pittsburgh Penguins played a game at Heinz Field, Sidney Crosby was on top of the NHL and having one of the most dominant offensive seasons in recent history. That was the game he was on the receiving end of the Dave Steckel hit that started the chain of events that basically cost him two of the prime years of his career.

The Heinz Field experience was significantly better for him and the Penguins this time around.

Crosby opened the scoring midway through the first period with his league-leading 34th goal of the season — finishing a slick feed from rookie forward Jake Guentzel — to help lead the Penguins to a 4-2 in the 2017 NHL Stadium Series game.

“We were thrilled for him,” said Penguins coach Mike Sullivan when asked about Crosby scoring a goal in his return to Heinz Field.

“I am sure the experience of coming back here probably brought back some memories that he probably would like to forget. So to have a night like tonight, and an opportunity to play in such an exciting venue and start the game off the way he did, it did probably just helped him put that experience behind and move forward. I thought he played a solid game, his line was really good all night long and he scored a huge goal for us.”

Crosby’s goal is only part of the story in this one.

Nick Bonino, Matt Cullen and Chad Ruhwedel also scored goals in the win, while Matt Murray stopped 35 of the 37 shots he faced.

First, for Pittsburgh, it was a huge win given the status of an undermanned defense that was playing without three of its top players. With Trevor Daley and Olli Maatta already sidelined, they were also without Kris Letang on Saturday night due to an upper body injury that currently has him listed as day-to-day. That meant they had to rely significantly on their depth.

Ron Hainsey, playing in his debut with the team after being acquired in a trade earlier this week from the Carolina Hurricanes, played more than 20 minutes in the win, including more than three minutes on the penalty kill. They also received a huge goal from Ruhwedel in the third period to help put the game away.

It wasn’t a flawless effort by the group (37 shots against illustrates that) but considering who was out of the lineup and the situation they were facing it was a huge performance to remain ahead of the New York Rangers for the second spot in the Metropolitan Division and improve their record to 7-1-3 in their past 11 games.

Things are not quite as optimistic for the Flyers at the moment.

The loss on Saturday is a pretty damaging blow to their already fading playoff chances as they remain five points out of a playoff spot — with three teams ahead of them — with only 21 games to go.

They are also just 9-16-4 in their past 29 games since their 10-game winning streak ended on Dec. 14.

“It’s a tough result, walking away,” said Flyers coach Dave Hakstol after the game. “It’s a pretty close, tight hockey game where I thought our team played well, battled extremely well, and did a lot of good things but we walk away with the wrong result.”

That has happened a lot lately for the Flyers.

So why are they not getting the results? Well, the problem on Saturday was a familiar one for the Flyers — goaltending and defensive zone breakdowns.

Crosby’s goal to open the scoring was the result of a breakdown in defensive zone coverage that allowed the game’s best offensive player to be left wide open along the side of the net for an easy one-timer. Even though Michal Neuvirth didn’t have much of a chance on that play, he didn’t exactly play a strong game, allowing four goals on 29 shots.

The Matt Cullen goal to give the Penguins a 3-1 lead in the third period was a particularly tough one for Neuvirth to give up.

It is already the 10th time in 24 games this season he has given up at least three goals in a game, while his save percentage on the season remains well below the .890 mark. For a goalie that was one of the best values in the league last season in terms of performance and salary cap hit, it has been a massive regression this season.

Even though the results are not going their way at the moment Hakstol remains convinced the team is doing the right things and that the key to turning things around is just sticking with what they are doing.

“Couple little things within the game tonight,” said Hakstol. “We haven’t been able to score a whole lot. There has been a lot made of that, and fairly so. You look at the opportunities tonight, the type of opportunities we generate were pretty reasonable. You have to stick with it. We have gone through a tough stretch here, but for the vast majority we have played some pretty good hockey and we need to stick with it. We have to stay together as we have and we have to keep pushing the envelope.”

The Flyers are back in action on Tuesday against the Colorado Avalanche.

A bye week hangover? Not for the Blue Jackets

COLUMBUS, OH - DECEMBER 20:  Nick Foligno #71 of the Columbus Blue Jackets warms up prior to the start of the game against the Los Angeles Kings on December 20, 2016 at Nationwide Arena in Columbus, Ohio. (Photo by Kirk Irwin/Getty Images)
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COLUMBUS, Ohio (AP) Josh Anderson and Nick Foligno each scored twice, sending the Columbus Blue Jackets to a 7-0 romp over the New York Islanders on Saturday.

The high-energy Blue Jackets didn’t show any rust in their first game back following their five-day break, unlike many teams that have struggled coming out of the bye week this season. Columbus scored three times in the first period, chasing New York goalie Thomas Greiss.

David Savard had a goal and three assists, Boone Jenner and Jack Johnson also scored and backup goaltender Joonas Korpisalo stopped all 24 shots for the Blue Jackets, who ended New York’s three-game winning streak. Columbus has a comfortable hold on the top wild-card spot in the Eastern Conference, while the Islanders are in a tight race for the final playoff berth.

Related:

NHL wants ‘two dedicated weeks’ for bye weeks next season

The NHL’s bye week experiment is still a work in progress

Greiss stopped 14 of 17 shots in the first period. His replacement, Jean-Francois Berube, saved 24 of 28.

Johnson got Columbus started when his shot from the point bounced off the skate of New York’s Nick Leddy and through Greiss’ pads 5:19 into the game.

Later in the first period, Cam Atkinson‘s shot from the left circle was stopped by Greiss, but the rebound trickled back out from between his legs and a charging Jenner tapped it in.

Foligno capped the first-period barrage when he deked the goalie and scored on a backhand.

The Blue Jackets outshot the Islanders 17-9 in the period, leading to Greiss’ benching.

Anderson kept it going 4:31 into the second with a sharp one-timer from the high slot off Jenner’s pass. Late in the period, Anderson got another one when he picked the pocket of defender Thomas Hickey in the neutral zone and launched a rocket past Berube from the right circle.

The highlight-reel goals continued in the third period when an airborne pass from Savard found Foligno for a breakaway 6:06 in. Savard got the seventh goal with 6 1/2 minutes left.