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.

Pens’ Justin Schultz out four months with fractured leg

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The Pittsburgh Penguins are going to be without Justin Schultz for a while.

Schultz underwent successful surgery on Sunday to repair a fracture in his lower left leg, according to the team. Schultz was injured on Saturday night in a game against the Montreal Canadiens after falling awkwardly on his leg.

He’s expected to miss four months, pegging his return in the middle of February at the earliest.

Fair warning: the video isn’t for the faint of heart.

Schultz had been producing at a point-per-game rate before getting injured, with four assists in Pittsburgh’s first four games. That was good for second on the team in terms of defensemen scoring behind Kris Letang while averaging over 17 minutes during his first three games.

It goes without saying, but it’s a big blow to the Penguins’ back end.

With Schultz out, the Penguins are going to be looking for players to step up, including his partner Jack Johnson, who signed a five-year deal with the club this summer. Johnson has yet to produce a point so far this season. Olli Maatta is also another candidate that needs to jumpstart his season in a hurry. Maatta has already been a healthy scratch this season, and like Johnson, has yet to put up a point.

The Penguins started the season with Maatta and Johnson together so it wouldn’t be surprising to see them give that a go again.

The injury will also mean more time for rookie Juuso Riikola and Jamie Oleksiak, who could be paired together going forward. Both players have spent time in and out of the lineup early on. Riikola could stand to benefit most from Schultz’s absence, so there’s a big opportunity there for him to grab some extra minutes.

Schultz was the second man over the boards on the power play after Letang. Perhaps Riikola gets a look there as well.


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

What’s behind Hurricanes’ early-season success?

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The Carolina Hurricanes are off to a mighty fine start, eh?

A 4-1-1 record, with their lone regulation loss coming against the Winnipeg Jets in a game they thoroughly dominated but lost on a late third-period hiccup. The Hurricanes have been a pleasant surprise in the NHL in the infancy of the 2018-19 season.

As PHT’s Adam Gretz pointed out last week, the team is young, fun and worth watching.

They are all three of those things, and they’re doing so in such dominant fashion thus far. Case and point: Over the past two games, Carolina has logged a whopping 100 shots on goal. They peppered Devan Dubnyk and the Minnesota Wild into submission on Saturday night, finally winning the game in overtime on sheer volume alone on their 57th shot.

On Sunday night in Winnipeg, a team playing the second game of a back-to-back put up 43 more against a team that’s touted as a Stanley Cup contender. The Hurricanes enjoyed 61 percent of the possession in the game, producing 34 scoring chances, with 14 of those being of the high-danger variety.

Their loss on vs. the Jets was bad luck more than anything. Winnipeg didn’t deserve to win the game. The Hurricanes didn’t deserve to lose.

And while the ‘L’ might be a sobering reminder that life isn’t always fair in the NHL, Carolina’s play as a whole has put the league on watch.

The Hurricanes roll four lines that control the game’s shot share. Here’s a handy-dandy chart to explain:

Source: Natural Stat Trick

Carolina has been overwhelming teams thus far and it’s coming from everywhere. There’s little drop off no matter who’s on the ice.

There’s a disclaimer here and that is that the season is young. These are far from concrete numbers over the course of an 82-game season, but what they do show is how well the Hurricanes are clicking together amongst their four lines and how it’s having a direct effect on their results, even with the small sample size.

Are these numbers likely to regress? Yes.

But while they may fall closer to the earth going forward, they could get covered off if Carolina’s goaltending improves. Petr Mrazek was sensational against the Jets, and Curtis McElhinney has allowed eight goals in three starts. That’s good. But with the Hurricanes controlling so much of the offense, they’re giving up just 25 shots per game. Their team save percentage is sitting at .886 through six games, which is hardly world-beating.

The return of Scott Darling at some point could help that if he’s the re-invigorated man he claimed to be over the summer. And while regression will set it at some point, league-average goaltending would go a long way into mitigating its effects.

For now, the Hurricanes sit atop the NHL in possession, tied with the San Jose Sharks. They’re sixth in goals-for percentage, which is simply the percentage of goals-for vs. goals-against, third in scoring chances for, second in high-danger chances for, which is shots that occur in the slot in front of the net, and first in high-danger goals for, meaning goals scored from those high-danger areas.

In layman’s terms: The NHL’s most exciting team is also one of its most dangerous.

And the plan is for that to continue.

“We’re going to continue to try to play like that,” said forward Jordan Staal Sunday night. “It’s been our aggressive style. Obviously, we’re a quick team and we’re trying to play that way and create turnovers. Our [defense] has been really good with good gaps and creating a lot of shots, too, to kind of create seconds. We’re going to continue to try and pepper goalies and try to get some more goals.”

MORE: Your 2018-19 NHL on NBC TV schedule

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

PHT Morning Skate: Pastrnak’s rise to superstardom; Gritty now in costume form

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Welcome to the PHT Morning Skate, a collection of links from around the hockey world. Have a link you want to submit? Email us at phtblog@nbcsports.com.

William Nylander hasn’t asked for a trade nor have the Maple Leafs been shopping him. (Sportsnet)

• An inside look at the Calgary Flames’ decision between Sean Monahan and Elias Lindholm at the 2013 NHL Draft. (Calgary Sun)

• Minnesota Vikings receiver Adam Thielen sported Anaheim Ducks-inspired cleats this weekend. (NHL.com)

• Can you guess who leads the NHL at 24 minutes a night? (Edmonton Journal)

David Pastrnak coming into his own as a superstar in the NHL. (Metro US)

• Evgeny Kuznetsov and Brett Connolly’s failed fist bump is the NHL’s GIF of the year. (Russian Machine Never Breaks)

Tyler Seguin talks misconceptions about some of the NHL’s most controversial players. (SportsDay)

• Gritty is now a Halloween costume because of course he is. (NHL.com)

• NHL players come from all ends of the earth. Here’s a breakdown. (The Hockey News)

Austin Watson and his curious case. (Toronto Star)

• Ottawa Senators veterans opening their homes to the team’s future. (Ottawa Sun)

Lars Eller doesn’t believe in the Maple Leafs. (TSN.ca)

Frederik Andersen is doing something he doesn’t normally do: get off to a good start. (Toronto Star)


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 Buzzer: Brossoit leads Jets; Palmieri’s historic double

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Three Stars

1. Laurent Brossoit, Winnipeg Jets. While earning his first win as a Jet, Brossoit stopped 42 shots during a 3-1 win over the Carolina Hurricanes. For the fifth time in seven games, the Hurricanes fired at least 40 shots on net, but the 25-year-old netminder stood tall to help Winnipeg to their second win in three games.

2. Kyle Palmieri, New Jersey Devils. Continuing his hot start to the season, Palmieri netted two goals during the Devils’ 3-2 win over the San Jose Sharks. His second period power-play goal was followed up by another tally early in the third period even the score at two. Palmieri now has six goals on the season, scoring twice in each of New Jersey’s three games this season. And per the NHL, Palmieri is the fourth NHL player to score multiple goals in three straight games to begin a season, joining Patrick Marleau (2012-13), Cy Denneny (1917-18) and Peter Stastny (1982-83).

3. Ryan Miller, Anaheim Ducks. Miller made 29 saves, including 10 in the final period to help the Ducks to a 3-2 win over the St. Louis Blues. Dating back to the end of last season, Anaheim has won its last four games Miller has started.

Highlights of the Night

Nikolaj Ehlers and Patrik Laine on a 2-on-0 would result in a goal probably 99.9 percent of the time. Not this time, thanks to Petr Mrazek:

• Patrik Laine. From the circle. One-timer.

Bryan Little‘s first of the season broke a 2-2 tie with 2:09 to go to help the Jets to a victory. What a pass by Josh Morrissey:

Andrew Cogliano also picked the right time to score, breaking a 2-2 deadlock on the power play with 5:16 left in the third period:

Factoid of the Night

Scores
Devils 3, Sharks 2
Ducks 3, Blues 2
Jets 3, Hurricanes 1

MORE: Your 2018-19 NHL on NBC TV schedule

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Sean Leahy is a writer for Pro Hockey Talk on NBC Sports. Drop him a line at phtblog@nbcsports.com or follow him on Twitter @Sean_Leahy.