Ask a Lawyer: Could Ovechkin and/or Kovalchuk legally get out of their NHL contracts?

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With all the rhetoric emanating from each side of the NHL’s labor dispute, we’ve decided to bring in an actual lawyer to answer a series of questions. Hopefully it will prove useful to you, the reader, because it’s costing us $500 an hour. Please welcome to ProHockeyTalk, sports legal analyst Eric Macramalla.

PHT: Greetings, Eric. Both Alex Ovechkin and Ilya Kovalchuk have threatened to stay in the KHL should a new NHL CBA effectively reduce salaries on current contracts. Ovechkin thinks “it would be possible to annul [his contract with the Capitals] through the court.”

Could these guys actually legally get out of their contracts?

EM: Not really — but sort of. (And yes, it is these types of nonsensical answers that make people hate lawyers.)

First, as I covered here, if the players and owners agree on a rollback and that agreement is dropped in the CBA, then that pay reduction is lawful. So that means Ovechkin or Kovalchuk wouldn’t be able to say that their cut in pay is somehow unlawful, and by extension, grounds to invalidate their contracts. However, they might still be able to get out of them.

An NHL contract, which is called a “Standard Player Contract” or an “SPC”, provides at Section 14(b) that a team has the right to terminate a contract if that player shall “fail, refuse or neglect to render his services hereunder or in any other manner materially breach this Contract”.

Not rendering services would include not showing up for work. So while Ovechkin and/or Kovalchuk wouldn’t be in a position to challenge the validity of their contracts, they could elect not to return to the NHL, thereby setting in motion a series of events that would end with their clubs terminating their contracts.

Before termination, that same SPC at Section 4 says that a team can suspend a player without pay for not discharging the obligations under his contract. Again, that would include not playing for the team.

Their teams could also look to sue for breach of contract, which would entitle them to an award of monetary damages. They wouldn’t, however, be able to sue to force the players to come back and play.

There is one more issue. The NHL and the KHL have an understanding that each league will honor the contracts of the other league.

“[NHL deputy commissioner] Bill Daly confirmed in writing what our practice has been, namely, we respect their contracts and we expect them to respect ours.” commissioner Gary Bettman said.

So there would be pressure on the KHL not to allow Ovechkin and/or Kovalchuk to play in its league. However, it would just be that – pressure. As it stands, there would be no real legal recourse for the NHL if it wanted to force the KHL to bar the players from playing.

In conclusion, if Ovechkin and/or Kovalchuk were really disenchanted with the new CBA, they could take steps to walk away from the NHL.

Something tells me, though, that’s not going to happen.

Eric Macramalla is a partner at a national law firm and TSN’s sports legal analyst. He has covered the legal side of all major sports stories, including the NFL and NBA lockouts, the Saints Bountygate, Barry Bonds and Roger Clemens perjury trials, the Ilya Kovalchuk dispute and the Jerry Sandusky case. You can follow him on Twitter at@EricOnSportsLaw and his sports law blog is located at www.OffsideSportsLaw.com.

Related:

Ask a Lawyer: Would the NHLPA ever try to decertify to end the lockout?

The Buzzer: Night of the goalies

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Players of the Night:

Andrei Vasilevskiy, Tampa Bay Lightning: The Lightning needed Vasilevskiy to play like the NHL All-Star that he is and that’s exactly what he gave them, stopping 40 shots to help the Lightning to a 2-0 win over the Chicago Blackhawks. The win was important for Tampa, who regained the top spot in the NHL standings and ended a three-game slide in the process. Vasilevskiy’s league-leading seventh shutout of the season ties a franchise record.

Petr Mrazek, Detroit Red Wings: Mrazek fielded 37 shots from the New Jersey Devils on Monday night and handled each and every one of them for his second shutout in as many starts.

Nick Cousins, Arizona Coyotes: Cousins got the ball rolling for the Desert Dogs in the first period, giving them a 1-0 lead. After the Islanders tied the game in the third, Cousins put the final stamp on the game with a goal 2:21 into overtime to give Arizona their second straight win.

Comeback of the Night:

Jason Zucker, Minnesota Wild: Zucker got drilled in the head with a slap shot in the first period and had to be helped off the ice. Miraculously, Zucker returned a short time later and went on to score the game-winning goal at the 4:59 mark of the third period, breaking a 1-1 tie in the Wild’s 3-1 win against the Ottawa Senators.

Highlights of the Night:

Granlund and Dumba:

Mrazek made plenty of saves on Monday and perhaps none better than this one (Brian Boyle‘s reaction is priceless):

Ottawa Senators fans will like this, even if the end result wasn’t great:

Auston Matthews had the celebration of the night:

Factoids of the Night:

Scores:

Avalanche 4, Maple Leafs 2

Red Wings 3, Devils 0

Wild 3, Senators 1

Lightning 2, Blackhawks 0

Sabres 2, Flames 1 (OT)

Coyotes 3, Islanders 2 (OT)


Scott Billeck is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @scottbilleck

Lightning end three-game skid with 2-0 win over Blackhawks

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Jon Cooper called declared that his team was “out of sync” prior to Monday night’s game in Chicago.

It’s three words that haven’t been used at all this season to describe the Tampa Bay Lightning who, up until Sunday, was known as the best team in the NHL.

The Lightning came into Monday night nursing a three-game losing streak, another foreign concept for a team saw four of its players elected to the NHL’s All-Star Game this coming weekend.

But just as quickly as they dropped out of the top spot in the NHL — the Vegas Golden Knights assumed that throne for 24 hours after a win on Sunday night — the Lightning snatched it back in a 2-0 triumph over the Chicago Blackhawks in the Windy City on Monday.

For a team that perhaps forgot how to play with one another, they looked comfortable in each other’s company against the Blackhawks.

The game was tight for the most part, and it took the Blackhawks being caught napping shorthanded to break a 0-0 deadlock late in the second period as Chris Kunitz took advantage of a defensive mishap. 

Jake Dotchin’s wrister sailed wide, but Kunitz was allowed to waltz behind the net, pick up the loose puck and put it behind Jeff Glass, nearly untouched through the whole process.

The NHL’s top goalie once again lived up to the distinction as Andrei Vasilevskiy turned aside all 40 shots that came his way.

The Blackhawks put up 10 or more shots in each of the game’s three periods, including 17 in the second frame. But the All-Star netminder played and exceptional game, including stopping 10 out of 10 on the power play to keep Chicago 0-for-6 on the power play.

Yanni Gourde sealed the game late in the third with a blast to make it 2-0.

It’s a win Tampa needed, especially after finding out they’ll miss forward Ondrej Palat indefinitely.

The struggles continued for the Blackhawks, meanwhile.

Chicago has now been shutout twice in their past three games and is on a three-game skid with a 4-5-1 record in their past 10.

The Lightning could afford their losing streak. They’ve earned an opportunity to slide a little bit.

For the Blackhawks, another loss means another chance missed trying to survive in a deeply competitive Central Division.

The Blackhawks are hanging by a thread and time is running out quickly.


Scott Billeck is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @scottbilleck

The Colorado Avalanche’s win streak hits double digits

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The streak is now in double digits.

The Colorado Avalanche won their 10th straight game on Monday night, taking down the Toronto Maple Leafs 4-2.

Yes, that’s 10 wins by the team that ended last season with an NHL-worst 48 points.

Hockey is wonderful, isn’t it?

The Avalanche have been pretty darn good during that streak, outscoring opponents 41-16 during that span. Scoring four goals per game on average will win you more than it won’t.

And the Avs have had success on the back end. Jonathan Bernier has been completely lights out during the streak. He is on a streak of his own with nine straight wins, becoming the third netminder in franchise history to win nine in a row after Stephane Fiset (9) and Patrick Roy (11).

Colorado’s streak is also an NHL-best this season and it’s the second longest streak in Avs history (they won 12 straight during the 1998-99 season).

The Avs are sitting on 57 points, good for the second wildcard spot in the Western Conference.


Scott Billeck is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @scottbilleck

Jason Zucker takes a puck to the head (video)

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How in the world did he get up?

Too many players have been getting drilled in the head lately by slap shots. It’s an ugly site to behold whenever it happens

Somehow, however, Jason Zucker of the Minnesota Wild was able to pop right back up and head directly to the dressing room. No passing GO on this one.

The puck hit him so squarely in the helmet that it ricocheted back toward the Thomas Chabot, who uncorked the shot in the first place.

Even more insane is that Zucker was able to return to the game.

Talk about hard-headed.