Capitals sue Alexander Semin, Mark Gandler, Gandler's Agency

[Drake1588]

http://64.200.64.106/news/news.asp?story_id=3520

Statement from McPhee:

“We have done everything we could to avoid this step, but we felt we had no choice but to now seek a legal remedy. This filing seeks to compel Alexander Semin’s agent and the Russian hockey team Lada Togliatti to return Alex to the Washington Capitals. We made a commitment to Alex when we signed him to a valid three-year contract in 2003, and he should not be playing hockey for another team. His new agent has told us that Alex is under a military obligation in Russia; however Alex is playing professional hockey.

“We look forward to the resolution of this process so that we can welcome Alex back to the Capitals this season.â€

Click to read more...

 

[GKJ]

The RHF allows any player to play hockey while under military service.

 

[Jaysfanatic*]

Im tired of hearing about Semin.

 

[Buffaloed]

This case has huge ramifications. If the Caps win this lawsuit, the NHL loses the war. It not only means that the RSL has to honor NHL contracts, but that the NHL has to honor RSL contracts. There's no incentive for the Russian Federation to sign an IIHF agreement if it's legally established that leagues have to honor each others contracts. The Russian Federations big fear is that NHL teams could bring prospects over that are still under contract to Russian teams. Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

 

[IWD]

Anyone the least bit surprised that Gandler is involved?

 

[Jaysfanatic*]

This case has huge ramifications. If the Caps win this lawsuit, the NHL loses the war. It not only means that the RSL has to honor NHL contracts, but that the NHL has to honor RSL contracts. There's no incentive for the Russian Federation to sign an IIHF agreement if it's legally established that leagues have to honor each others contracts. The Russian Federations big fear is that NHL teams could bring prospects over that are still under contract to Russian teams. Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

You're so wise......like a miniature Buddha........covered in hair.

 

[ChemiseBleuHonnete]

some old crap... I hope he rots in Russia.

 

[wilka91*]

This case has huge ramifications. If the Caps win this lawsuit, the NHL loses the war. It not only means that the RSL has to honor NHL contracts, but that the NHL has to honor RSL contracts. There's no incentive for the Russian Federation to sign an IIHF agreement if it's legally established that leagues have to honor each others contracts. The Russian Federations big fear is that NHL teams could bring prospects over that are still under contract to Russian teams. Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

Nope. An American court cannot decide whether a Russian team (or any company for that matter) has to honor a US contract. It's just a simple labor law lawsuit involving an employer and his employee, and the outcome will not have any repercussions at all.

You see, US law is exclusively applicable in the US, and Russian law in Russia. The fact that Semin signed a contract in Russia won't even be brought up before the court. The fact that the player doesn't fulfill his obligations is sufficient to sue him.

 

[umma gumma]

Mark Gandler blows bubble gum.

 

[GKJ]

Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

or nice job by the Caps being idiots

 

[Transported Upstater]

You're so wise......like a miniature Buddha........covered in hair.

HAHAHAHA!

:pictures it:

EVEN FUNNIER NOW!!

 

[Drake1588]

This case has huge ramifications. If the Caps win this lawsuit, the NHL loses the war. It not only means that the RSL has to honor NHL contracts, but that the NHL has to honor RSL contracts. There's no incentive for the Russian Federation to sign an IIHF agreement if it's legally established that leagues have to honor each others contracts. The Russian Federations big fear is that NHL teams could bring prospects over that are still under contract to Russian teams. Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

Proskauer Rose is representing the Capitals in this case. This is the league's firm, and the team and league offices are in sync on this one.

The NHL may stand to lose based on certain outcomes, but if so the league would be shooting itself in the foot, because they are on board with this suit.

 

[kasper11]

Can somebody explain to me what the Caps hope to gain?

Correct me if I am wrong, but even if the Caps win the suit, it is doubtful that Semin would be back since the Russian clubs will not hold themselves bound to the ruling. It is a US court afterall, and has no way to compel the Russian teams to abide by the ruling.

This would only likely mean that if/when Semin were to return to the states, he would owe the Caps money (since you cannot sue ot force somebody to work, only to recoup monetary damages from the breach of contract). Wouldn't this just make it more likely that he would stay in Russia permanently?

 

[usiel]

I think there is a possiblity that the caps are just trying to bring pressure to bear to help semin get over here. From everything I've seen reported one could infer that semin is being blocked from coming over. In the grander scheme of things not sure what this suit will help in regards to the NHL/RSL and IIHF aggreement....

 

[Drake1588]

Can somebody explain to me what the Caps hope to gain?

Correct me if I am wrong, but even if the Caps win the suit, it is doubtful that Semin would be back since the Russian clubs will not hold themselves bound to the ruling. It is a US court afterall, and has no way to compel the Russian teams to abide by the ruling.

This would only likely mean that if/when Semin were to return to the states, he would owe the Caps money (since you cannot sue ot force somebody to work, only to recoup monetary damages from the breach of contract). Wouldn't this just make it more likely that he would stay in Russia permanently?

From what I have heard, this is less an attempt to go after Semin directly than an attempt to recoup damages from Mark Gandler, whose agency is incorporated in NJ. It's not clear that it has a great deal of relevance on where Semin plays in 2005-06 or not.

It seems to be as much about player agent shenanigans with Eastern European clients, in a larger sense, than anything else. The NHL is backing it; the lawyers from PR handling this case are apparently New York-based. Information is only slowly trickling out this one, though.

 

[SuperUnknown]

This case has huge ramifications. If the Caps win this lawsuit, the NHL loses the war. It not only means that the RSL has to honor NHL contracts, but that the NHL has to honor RSL contracts. There's no incentive for the Russian Federation to sign an IIHF agreement if it's legally established that leagues have to honor each others contracts. The Russian Federations big fear is that NHL teams could bring prospects over that are still under contract to Russian teams. Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

I don't think they'll get anything from the RSL team. However, when Semin comes back (if he ever comes back), he'll probably have to pay damages or maybe even fill up his contractual obligations (meaning he'd have to play next two years as well). Plus, they can receive damages from the agent, which should discourage other agents from doing similar things.

 

[Drake1588]

I don't think they'll get anything from the RSL team. However, when Semin comes back (if he ever comes back), he'll probably have to pay damages or maybe even fill up his contractual obligations (meaning he'd have to play next two years as well). Plus, they can receive damages from the agent, which should discourage other agents from doing similar things.

That seems to be the long and the short of it. The agent, agency and player are named, though the Capitals have to know full well that they can't really force the player's hand from overseas. They can, however, receive damages from a player agency that is incorporated in NJ. From the NHL's perspective, it sends a message to agents that often double deal in these instances with Russian players, that they (the agents) will face consequences for such activities from now on. Provided this works, anyway. Shrug.

 

[kdb209]

I don't think they'll get anything from the RSL team. However, when Semin comes back (if he ever comes back), he'll probably have to pay damages or maybe even fill up his contractual obligations (meaning he'd have to play next two years as well). Plus, they can receive damages from the agent, which should discourage other agents from doing similar things.

It's unlikely that they will be able to get damages from Semin, but they will be able to force him to honor the remaining years on his contract if and when he ever returns to the NHL - see Yashin, Alexei.

One thing we don't know is if specific performance of contracts was addressed in the discussions and the terms of the new CBA. My guess is that, given the recent history with Yashin, that it is specifically covered somewhere in the 600+ pages.

In the case of Yashin, the arbiter ruled that since specific performance was not addressed in the then-current CBA, that pre-existing league rules and interpretations going back to the Zeigler/Stein era were still in effect.

 

[Resolute]

This case has huge ramifications. If the Caps win this lawsuit, the NHL loses the war. It not only means that the RSL has to honor NHL contracts, but that the NHL has to honor RSL contracts. There's no incentive for the Russian Federation to sign an IIHF agreement if it's legally established that leagues have to honor each others contracts. The Russian Federations big fear is that NHL teams could bring prospects over that are still under contract to Russian teams. Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

Actually, I think these are different situations.

The Caps want Semin to honor a contract he signed in NA.

The RSL's complaint is not about honoring contracts, but how much money the NHL should be paying to release a player from a Russian contract. The Capitals are not demanding compensation from the RSL to release Semin from his NHL contract.

This case probably will have implications on that debate, I would think, but I don't see it as an "If Caps win, the NHL loses" scenario.

 

[GKJ]

Actually, I think these are different situations.

The Caps want Semin to honor a contract he signed in NA.

The RSL's complaint is not about honoring contracts, but how much money the NHL should be paying to release a player from a Russian contract. The Capitals are not demanding compensation from the RSL to release Semin from his NHL contract.

This case probably will have implications on that debate, I would think, but I don't see it as an "If Caps win, the NHL loses" scenario.

But Semin is not honoring the contract he signed in North America.


On the other side how many Russian players have blown off their RSL contracts to play in the NHL?

 

[CapitalsCupReality]

This case has huge ramifications. If the Caps win this lawsuit, the NHL loses the war. It not only means that the RSL has to honor NHL contracts, but that the NHL has to honor RSL contracts. There's no incentive for the Russian Federation to sign an IIHF agreement if it's legally established that leagues have to honor each others contracts. The Russian Federations big fear is that NHL teams could bring prospects over that are still under contract to Russian teams. Nice job by Gandler and the RSL to get the Caps to do their bidding for them.

Does it really mean that? I would think....THINK that the Caps would have closely consulted the league offices on this one. Anyone here a labor lawyer who could give an opinion?

 

[wilka91*]

guys, you need to take some Law courses. everything on this thread is a joke.

 

[wilka91*]

I don't think they'll get anything from the RSL team. However, when Semin comes back (if he ever comes back), he'll probably have to pay damages or maybe even fill up his contractual obligations (meaning he'd have to play next two years as well).

Surprisingly, you're the only one who understand it.

 

[CapitalsCupReality]

guys, you need to take some Law courses. everything on this thread is a joke.

Don't you know it by now....everyone here is an expert in every subject. If you don't believe them...just ask them.

 

[Buffaloed]

This case probably will have implications on that debate, I would think, but I don't see it as an "If Caps win, the NHL loses" scenario.

I can see that point too. If the Caps lose, there's nothing to stop players from going to Russia if they don't like their NHL contract. Ovechkin could score 85 points this season and leave the Caps for a better offer in Russia. I'm just using him as an example. It could be any player.

I'm interested in seeing how the IIHF reacts to this. Even though the Russian Federation didn't sign the IIHF transfer agreement, they're still a member of the IIHF. There's some interesting parallels with the Zherdev case.
http://www.iihf.com/news/iihfpr7803.htm