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2010-2011 NHL thread


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The Hossa deal was looked into last year, but no action was taken, which is why I doubt they'd do something as drastic as vacate a title (well that, and such a move would destroy the league). But I could see penalties being levied against the Hawks with the leverage the Kovalchuk decision gives them, like a loss of draft picks.

 

It'd be hard to void a deal like the Hossa one that already has begun though (and they'd have to void two of them in Detroit if they did), so I can't see it going that far. Maybe with the deals that haven't started yet like Luongo and Pronger you could try that, but even in that case, the deals were previously approved by the league, so that'd be really tough to change.

Edited by whitesoxfan101
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QUOTE (Steve9347 @ Aug 10, 2010 -> 02:16 PM)
One can only hope. They cannot take my Hossa away.

I just cant see a scenario where they void contracts of players who are already a YEAR into their deal. They basicallywould be admitting they werent paying attention.

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I don't see how the arbitrator's ruling could be applied retroactively to Hossa, and the time limits for grieving his contract (which all parties blessed) under the CBA (which I haven't read) have almost certainly passed.

 

Besides, they were two different contracts, and the term of K's exceeded Hossa's by over 40%.

Edited by PlaySumFnJurny
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Not to mention if the NHL vacated the title...it would be of an Original Six team. The NHL is just beginning to creep back into the national picture. As was said previously, this would ruin the league. And it would go to court before anything truly happened.

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A link to the CBA is here:

 

http://www.nhlpa.com/About-Us/CBA/

 

Article 17 (page 93) sets out the grievance procedure, and states that a grievance arising under the CBA or any Standard Player Contract has to be filed by the league or the union within 60 days.

 

Article 11 (page 45) seems to also impose a 60 day limit for subsequently challenging a SPC on salary cap grounds, once it is registered and approved.

 

At this point, over a year later, the league can "investigate" the Hossa contract all it wants, but I don't believe it can be legally voided. Any action taken as a result of this "investigation" could only apply to new contracts going forward.

Edited by PlaySumFnJurny
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QUOTE (PlaySumFnJurny @ Aug 10, 2010 -> 02:50 PM)
A link to the CBA is here:

 

http://www.nhlpa.com/About-Us/CBA/

 

Article 17 (page 93) sets out the grievance procedure, and states that a grievance arising under the CBA or any Standard Player Contract has to be filed by the league or the union within 60 days.

 

At this point, over a year later, the league can "investigate" the Hossa contract all it wants, but I don't believe it can be legally voided. Any action taken as a result of this "investigation" could only apply to new contracts going forward.

 

And honestly, isn't this the job of agents and GMs? Trying to find loopholes in the CBA...make it work. Then in the next CBA, they try to close the loopholes.

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QUOTE (CanOfCorn @ Aug 10, 2010 -> 02:55 PM)
And honestly, isn't this the job of agents and GMs? Trying to find loopholes in the CBA...make it work. Then in the next CBA, they try to close the loopholes.

 

It is. The league's findings as result of the "investigation" referred to in the Post article will undoubtedly come up in the next bargaining sessions, but as to Hossa, that ship has already sailed.

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Plus there is always the contract law of once both sides begin acting in acceptance of a contract, you pretty much can't cancel it.

 

Unfortunately the contract would be subject to the CBA, so if under the CBA there was a clause that allowed for the nullification of the contract, there would be no good argument that the contract supercedes the CBA.

 

Dealing with CBA stuff is a lot different than general contract law because the contract itself is subject the interpretation of the CBA.

 

Its some what like a contract that is signed, but then is deemed illegal.

 

IE

 

I enter into a contract with Steve whereby he will be my hoe and I will be his pimp. Pursuant to the contract Steve is to be paid $10 for each trick he turns. Steve turns 100 tricks in a 2 night crystal meth induced frenzy. When he wakes up 2 days later he asks me to be paid. I refuse to pay him. He sues me for breach of contract.

 

The court could declare the contract invalid due to public policy (its illegal to contract for sex or to contract for then commission of a crime) and therefore Steve could not collect on the contract.

 

That being said, I would expect the league to use common sense when dealing with this issue, which means not digging up the past.

 

(I know the example wasnt necessary, but I felt it added some spice)

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QUOTE (Soxbadger @ Aug 11, 2010 -> 11:24 AM)
I enter into a contract with Steve whereby he will be my hoe and I will be his pimp. Pursuant to the contract Steve is to be paid $10 for each trick he turns. Steve turns 100 tricks in a 2 night crystal meth induced frenzy. When he wakes up 2 days later he asks me to be paid. I refuse to pay him. He sues me for breach of contract.

I still can't believe I lost that case. Nothing but a bout of crabs and regret after that weekend.

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QUOTE (LittleHurt05 @ Aug 12, 2010 -> 11:17 AM)
Just got the e-mail from the Hawks, Monday, August 16th, 10:00 AM

 

 

Awesome! Thanks.

 

I wonder how fast those opening game tickets go. It might not be worth to even try for that game.

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QUOTE (LittleHurt05 @ Aug 12, 2010 -> 11:17 AM)
Just got the e-mail from the Hawks, Monday, August 16th, 10:00 AM

 

I got absolutely flat-out skunked. First time that's ever happened.

 

I hope some of you did better.

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NHL Deputy Commissioner Bill Daly confirmed Wednesday that the contracts of Marian Hossa, Chris Pronger, Roberto Luongo and Marc Savard remain under investigation by the League and are subject to penalties that could include de-registration if the findings determine there was a violation of the circumvention provision written into the Collective Bargaining Agreement.

 

Daly said at the time those contracts were registered an advisory letter was sent to the clubs notifying them that the League was going to investigate "the circumstances under which the contracts were negotiated to see if there is potential circumvention." There is no time limit to those investigations.

 

He added that deregistration is just one of several penalties that could be enacted, per Article 11 of the CBA. Other penalties, as outlined in Article 26 of the CBA, include fines against the club and/or the player, reducing the club's payroll for the following season, forfeiting draft picks, forfeiting games affected by the circumvention and suspensions of club officials, the player and his certified agent.

 

"If there was a determination that there was circumvention there are a whole host of alternatives in terms of how we approach it and a whole host of remedies in terms of what can be ordered," Daly told NHL.com. "De-registration of the contract is one potential remedy, but it's not the only one. I don't want to get into hypotheticals. The investigations aren't complete, and we haven't made any determinations as to how we proceed with respect to those."

 

Daly said the investigations are being done "by an independent third-party professional we hired to do the investigations." The players are able to play under the contracts because they were registered by the League. Ilya Kovalchuk, who had his 17-year, $102 million contract with the New Jersey Devils rejected, was not able to play under his contract because the League refused to register the contract.

 

"We're at a different stage now that the contracts have been registered so there is a different procedure that we would have to employ if we ever wanted to do anything with these contracts, and I don't want to create the perception or expectation that we are," Daly said. "It's just that these contracts continue to be under investigation."

Link, reccommend you check out the full link for a lot more details I didn't excerpt.
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