Confirmed Trade: [CAR/PHI] David Kase for Massimo Rizzo, 2025 5th round pick

[Stubu]

I don't think you're wrong though because of the wording...as you said, it was a separate SPC (see below bolded)

(4) Reacquire as part of a Retained Salary Transaction the SPC
of a Player who was on that Club's Reserve List within the
past calendar year;

Illustration: If Club A Trades the SPC of a Player to Club
B (the "Initial Trade"), Club B cannot subsequently Trade
an SPC of such Player back to Club A within one (1)
calendar year from the date of the Initial Trade and retain a
portion of the Averaged Amount of that SPC pursuant to a
Retained Salary Transaction. However, Club B may Trade
an SPC of the Player back to Club A within one (1)
calendar year from the date of the Initial Trade if Club B
does not retain any portion of such Player's SPC.

IANAL but you could have bolded stuff in the rule itself:

(4) Reacquire [...] the SPC [...]

Not "acquire the SPC" nor "reacquire the Player".

The illustration OTOH might be just one example illustration. Can't trust the "that SPC" there to be pre-emptive of other possible situations (such as a new SPC signed).

I also have a problem with "calendar year". It obviously means "within last year" (12 months, etc.) but a calendar year as the term is commonly understood starts on 1 Jan and ends 31 Dec (and that's not what's meant here).

Actually now I'm glad IANAL.

(Edit: Ah this already got covered by the actual experts. My um illustration of bolding still stands!)

 

[Stubu]

Is David Kase any relation to Ondrej Kase? (Signed by Canes for last season but played only one game. I forget what was the story.)

 

[Cardiac Jerks]

Is David Kase any relation to Ondrej Kase? (Signed by Canes for last season but played only one game. I forget what was the story.)

He’s his younger brother.

And the story with Ondrej is that he has always had serious concussion problems. In his first reg season game with the canes he was concussed for (I think) the 7th time. Scary stuff. He sat the whole year and now has signed back with a team in the Czech Republic.

 

[Treb]

Is David Kase any relation to Ondrej Kase? (Signed by Canes for last season but played only one game. I forget what was the story.)

They are brothers.

 

[Lempo]

(4) Reacquire [...] the SPC [...]

Not "acquire the SPC" nor "reacquire the Player".

Your cutdown is misleading, because what it says is "Reacquire [...] the SPC [...] of a Player who was on that Club's Reserve List within the past calendar year".

It's not about acquiring a specific SPC that is paying X dollars for Y years, it is about acquiring any SPC of a Player who was on your Reserve List during the past year. The player need not have had an SPC to be on the Club's Reserve List which is the onus here. And obviously when doing a retained salary action you acquire an SPC because you can't retain when you merely trade the rights of a player.

The use of the word reacquiring the SPC is confusing here though, if what they mean to mean that you're acquiring an SPC of the player whom you're reacquiring.

 

[mouser]

I think Tony was under an SPC when he was traded from CAR to PHI though. The trade happened on Jul 8, 2022 on the league year 2021-22 which exceptionally ended on Jul 12, 2022. The league year 2022-23 begun on Jul 13, 2022. I understand when the league amended the dates for league years 2021-22 and 2022-23 all the SPCs were amended to correspond to the reality of these new dates.

The exceptional dates of the off-season 2022 brought an element of wonkyness to the TDA trade issue because he was traded to PHI five days prior the Free Agency day of 2022 and the leak of intended trade back to CAR came out on June 26th, 2023 I think, so four days prior the Free Agency day of 2023. Not particularly good weaseling to claim that there's a year gone right there, but legit weaseling any way.

The league seem to have gone with "calendar year means calendar year no matter wha", and I'm not gonna argue against that, but I think there was room for the league to interpret otherwise too, and I guess to sort out things like this were why the league brass, CAR brass and PHI brass met in Nashville after the league started looking into it.

NHLPA maybe should also have been part of those talks from the get-go, because the issue partially tied to the expectional league year dates agreed between NHL and NHLPA.

A notable fact is that Philly extended TDA on the same day July 8th, 2022 when they traded for him, so with the high price PHI paid it's safe to assume that CAR knew that PHI was going to re-sign him to the $10M SPC they did and that optics obviously weight against Canes if and when they later try to reacquire TDA with a retention on that SPC.

Ah, good point on the league year being shifted to July 12th. So Carolina did trade TDA's SPC to Philly.

However the illustration still does not apply to TDA as Philly did not attempt to trade the same contract back to Carolina. The illustration simply shows one scenario which is not allowed. That doesn't mean all other different hypothetical scenarios are permitted.

 

[mouser]

IANAL but you could have bolded stuff in the rule itself:

(4) Reacquire [...] the SPC [...]

Not "acquire the SPC" nor "reacquire the Player".

The illustration OTOH might be just one example illustration. Can't trust the "that SPC" there to be pre-emptive of other possible situations (such as a new SPC signed).

I also have a problem with "calendar year". It obviously means "within last year" (12 months, etc.) but a calendar year as the term is commonly understood starts on 1 Jan and ends 31 Dec (and that's not what's meant here).

Actually now I'm glad IANAL.

(Edit: Ah this already got covered by the actual experts. My um illustration of bolding still stands!)

I suspect the key distinction on calendar year is the use of "one (1)" throughout this section of the CBA. The illustrations also show that the intended meaning of calendar year in this context is from the date of trade. Example:

Reacquire within one (1) calendar year from the date of that Retained Salary Transaction an SPC the Averaged Amount and Player Salary and Bonuses of which that Club agreed to retain as part of a Retained Salary Transaction;

Illustration: If Club A Trades a Player to Club B and retains 30% of the Averaged Amount of such Player's SPC in a Retained Salary Transaction, Club A cannot reacquire such Player's SPC within one (1) calendar year from the date of the Trade. However, if such Player's Retained Salary SPC expires or is otherwise terminated prior to one (1) calendar year from the date of the Trade such that it no longer exists, Club A may reacquire the Player since the Retained Salary SPC no longer exists.

All the other sections of the CBA which refer to the current year itself use the term "the calendar year", instead of "one (1) calendar year".


From Merriam-Webster

calendar year - noun

1: a period of a year beginning and ending with the dates that are conventionally accepted as marking the beginning and end of a numbered year

2: a period of time equal in length to that of the year in the calendar conventionally in use

 

[Negan4Coach]

I lived just outside of Philly when Goode bombed "Move" back in 85. Before the bombing occurred, a lot of guys I knew kept commenting how they wished Rizzo was Mayor because he would take them out. Goode did that, and then some.

Yeah I remember the MOVE bombing in the news from when I was a kid. Clearly before the art of explosive breaching of a fortified structure trickled down from Tier 1 Spec Ops units to the cops. I mean, tossing a satchel charged stuffed with C-4 onto the roof from a helicopter is a little...uh, extreme.

 

[Lempo]

I suspect the key distinction on calendar year is the use of "one (1)" throughout this section of the CBA. The illustrations also show that the intended meaning of calendar year in this context is from the date of trade.

Upon a quick look of the CBA in PDF form, the Find tool can find 24 mentions of "calendar year" in the CBA.

Every other use of the phrase "calendar year" within the CBA systemically refers to a period of time starting on Jan 1 and ending on Dec 31,

(Example: 11.21 (c)(i)(A))

In order to be reimbursed, (I) the applicable expense must be
incurred while the player is employed by the Club responsible for
the reimbursement, and (II) the Player shall file a request for
reimbursement (along with any required substantiation) no later
than the January 31 of the calendar year next following the
calendar year in which the expense was incurred (or such earlier
deadline as may be set forth in this Agreement or otherwise
compelled by any contractual obligation or other applicable rule);
and

BUT for subsection 50.5 (e)(iii)(C)(3) and for that subsection only, the phrase "calendar year" is suddenly used in completely different meaning to refer to the period of time from an event of Trade or Retained Salary Action.

Even in Article 1: Definitions they define League Year as

"League Year" means the period from July 1 of one calendar year to and
including June 30 of the following calendar year or such other one year period to which the NHL
and the NHLPA may agree.

specifically using calendar year as a period of time starting from Jan 1 and ending on Dec 31 of that same year.

This is a failure by the writer of the CBA.

 

[BackToTheBrierePatch]

He’s his younger brother.

And the story with Ondrej is that he has always had serious concussion problems. In his first reg season game with the canes he was concussed for (I think) the 7th time. Scary stuff. He sat the whole year and now has signed back with a team in the Czech Republic.

Ondrej was a pretty good player before he started to get wrecked with concussions. Felt bad for the guy.