Dynamo Lawsuit Over Ovechkin Dismissed

[kdb209]

A DC judge threw out Moscow Dynamo suit to enforce a Russian arbiters decision that AO was still under contact in Russia.

http://www.tsn.ca/nhl/news_story/?ID=151294&hubname=nhl

WASHINGTON (CP) - Moscow Dynamo has failed in its attempt to force rookie sensation Alexander Ovechkin back home to play for the Russian club after a Washington judge dismissed its lawsuit Wednesday.

Dynamo wanted the U.S. court to enforce a Russian arbitrator's ruling that it still owns the rights to the 2004 No. 1 overall pick.

"We're very pleased with the court's decision today, which we believe was well reasoned and consistent with prevailing legal precedent," said NHL deputy commissioner Bill Daly. "Both Mr. Ovechkin and the Washington Capitals organization are to be congratulated for refusing to be intimidated or extorted by the Dynamo club, and for taking all steps necessary to defend their legal and contractual rights."

...

In July, Ovechkin met a deadline to exercise an option to end his 2005-06 contract with another Russian club, Avangard Omsk, so he could join the Capitals. His previous club, Dynamo Moscow, claimed that it matched Avangard Omsk's offer to Ovechkin but without a release option clause. Ovechkin played three years for Dynamo Moscow.

But judge Emmet G. Sullivan disagreed with Dynamo.

"To the contrary, Dynamo's patchwork of documents, without more, persuasively supports the argument that Ovechkin wished to end his relationship with Dynamo once and for all," Sullivan wrote in his decision.

Click to read more...

 

[Wetcoaster]

No big surprise with the decision.

Pretty hard for Dynamo to claim to have "matched" an offer that does not contain the same options and clauses that were contained in the other team's contract.

The interesting case will be Malkin next season as he does not have an "out" clause and it looks as if the Russians are not signing on the IIHF deal anytime soon. He will cost the Pens alot in transfer fees. Looks to be a replay of the Krutov/Larionov/Makharov deals.

 

[SlapnutsV1]

Was a decision ever reached in regard to the Caps restraining order against Alexander Semin?

 

[Weary]

Was a decision ever reached in regard to the Caps restraining order against Alexander Semin?

The judge denied the Caps request for injunctions against Semin and Gandler because the issue might be covered by arbitration under the CBA as well as the court's inability to determine Semin's true status in the Russian military.

 

[Drake1588]

More to the point, we're now more than halfway through the season, and the injunction's main goal was to force Semin over for this season. At this point, time has basically passed the issue by.

The injunction has no bearing on what Semin will do next year. He is not under contract to a RSL team for next season, his two years of mandatory military service are expiring, and he says he wants to come over to the NHL.