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.

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

The Buzzer: Ovechkin’s blast lifts Capitals in OT, Sheary speeds by Panthers

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Player of the night: Alex Ovechkin, Washington Capitals

Alex Ovechkin has already reached double digits in goals scored in this new campaign. The Capitals’ star recorded his 10th goal of the season on Friday and it counted as the overtime winner against the Detroit Red Wings.

The Capitals trailed late in the third period, but T.J. Oshie scored the tying goal and Ovechkin won it on a power play less than two minutes into the extra period, as he deployed that famous one-timer slap shot from his off-wing. This time, Petr Mrazek was victimized by the wicked slapper.

Ovechkin is now only two goals behind the entire Montreal Canadiens team — in the same amount of games.

Highlight of the night:

What a weapon speed is in today’s National Hockey League. Conor Sheary illustrated that once again, as he saw a little bit of room down the left side and flew around Alex Petrovic before making a move to the backhand on James Reimer. That goal counted as the eventual winner, as the Penguins defeated the Panthers 4-3. Earlier in the third period, Sheary and Roberto Luongo came together near the Florida net, causing Luongo’s right hand to get caught against the post, injuring the Panthers’ netminder.

Factoid of the night:

It was a milestone night in Winnipeg for Blake Wheeler and coach Paul Maurice.

Scores:

Vancouver 4, Buffalo 2

San Jose 3, New Jersey 0

Washington 4, Detroit 3 (OT)

Pittsburgh 4, Florida 3

Winnipeg 4, Minnesota 3

Anaheim 6, Montreal 2

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Cam Tucker is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @CamTucker_Sport.

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Video: Price takes out his frustration, as the Habs were crushed again

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It’s gone from bad, to worse, to an absolute nightmare for the Montreal Canadiens.

A three-game trip through California is never fun for opposing teams, but this was misery for the Habs. They were outscored a combined 16-5 in three games against the Sharks, Kings and Ducks, with few, if any positives beyond the second period in a 6-2 loss in Anaheim on Friday.

Montreal hasn’t won since its season opener on Oct. 5, and is now on a seven-game losing skid, unable to generate much offensively with a league worst 10 goals scored through seven games before tonight, while giving up plenty of goals at the other end.

That is a recipe for disaster and even though it’s still early in the season, this has to be a major concern for coach Claude Julien and, in particular, general manager Marc Bergevin.

Read more: Is there a trade to be made between the Penguins and Canadiens?

Down by three after the first period, Montreal had 30 shots on goal during the middle frame and managed to trim Anaheim’s lead down to one heading into the third period. And then, just when it seemed like maybe they were on a path toward an inspirational comeback on the road, it all fell apart.

Three straight goals for Anaheim, with journeyman forward Derek Grant scoring the first two goals of his NHL career — in game No. 93.

As you can probably tell from the clip below, Carey Price was visibly irritated, as he whacked his goalie stick against the post after the sixth Anaheim goal.

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Cam Tucker is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @CamTucker_Sport.

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Canucks defeat the Sabres, as the losing continues in Buffalo

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The Buffalo Sabres remain stuck on just a single win to begin the season. Jack Eichel is sick of losing, but the losing continues.

Returning home from a four-game road trip out west, the Sabres had an opportunity ahead of them to get back into the win column. The Vancouver Canucks, hardly a powerhouse in any way, were in town. They had played — and lost — the night before in Boston. And then the Sabres went out and were thoroughly outplayed in a 4-2 loss that, one could argue, flattered the hosts.

They weren’t able to take advantage of an early lead after Justin Bailey was allowed access to the net off the rush. They couldn’t hold the lead after Eichel dangled Ben Hutton and then scored on a shot Jacob Markstrom should’ve stopped. They gave up yet another short-handed goal, putting that number at six for the Sabres just eight games into the season.

Instead, Buffalo spent most of the night in its own end, giving up 37 shots through two periods. Hard to pin this, in any way, on goalie Chad Johnson.

“First of all, I thought we didn’t defend well and close quick enough in our defensive zone. We were a little bit slow there tonight. We need to be more aggressive and on the puck,” said head coach Phil Housley after the game.

While the Sabres were badly outplayed, one of the deciding moments in this game was a controversial video review in the second period. Vancouver took the lead on a goal from Daniel Sedin, although Housley challenged for a potential offside after it looked like Jake Virtanen didn’t have control of the puck as he entered the zone.

The linesmen looked over the play for a lengthy review before officials came to the conclusion that Virtanen did have control of the puck as he broke in over the blue line. The goal stood and the Canucks controlled the remainder of the game.

“I disagree with the call, totally,” said Housley. “In my opinion, he knocks the puck out of the air. He never has possession.

“But I call that 10 out of 10 times offside and I would continue to challenge that again.”

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Cam Tucker is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @CamTucker_Sport.

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Roberto Luongo leaves game with apparent injury, as Panthers fall to Penguins

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The Florida Panthers lost to the Pittsburgh Penguins on Friday. Making matters worse was the fact their goalie Roberto Luongo left the game in the third period with an apparent hand injury.

The injury occurred after a collision in the crease with Penguins forward Conor Sheary.

Luongo immediately went down to the ice in pain. A replay from above the net showed Luongo’s right hand getting caught in an awkward position against the post after coming into contact with Sheary as he cut through in front of the crease in pursuit of the puck.

The injury forced James Reimer off the bench and into the game with the Panthers trailing by a goal. MacKenzie Weegar tied the game for Florida before Sheary scored the eventual winner about eight minutes later, on a night when the Penguins fired 48 shots on the two Panthers goalies.

Luongo gave up three goals on 36 shots before leaving the game. The Panthers now head out on the road. They’ll visit the Washington Capitals on Saturday.

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Cam Tucker is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @CamTucker_Sport.

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