Is a draft not based on actual finish legally defensible?

[borro]

I'm not sure the league would want to fight a legal battle after the strike we just had. If I were a team like the Caps or Rangers and found a team like Colorado or Philly won and got to draft Crosby, would it be reasonable to seek the draft for 2005 be put aside because it is not based on order of finish? There exists no right of top teams to have a chance at Crosby, and no precedent to allow this kind of draft. It seems to me a team could easily argue that a draft not based on actual finish is too biased against history and is unfair to the "losers" whoever they may be.

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[MontrealCruiser_83*]

I'm not sure the league would want to fight a legal battle after the strike we just had. If I were a team like the Caps or Rangers and found a team like Colorado or Philly won and got to draft Crosby, would it be reasonable to seek the draft for 2005 be put aside because it is not based on order of finish? There exists no right of top teams to have a chance at Crosby, and no precedent to allow this kind of draft. It seems to me a team could easily argue that a draft not based on actual finish is too biased against history and is unfair to the "losers" whoever they may be.

Nope... The teams that sucked in 2003-2004 were already compensated in the form of the 2004 entry draft.

 

[borro]

Nope... The teams that sucked in 2003-2004 were already compensated in the form of the 2004 entry draft.

The question is about finish. Many teams would have never had a chance and they know it. They are using the strike to be greedy.

I still like my way of having the GM's who are so able to pick the BPA pick the worst team to best. I bet you would get a surprisingly good result. You poll all the GM's on who would have finished worst. 2nd to worst etc. If you wait to 2006 to have the 2005 draft you waste a year and still base the draft of one year performance on 2. To make changes you risk a reasonable lawsuit in my mind.

 

[BigE]

No NHL Franchise is going to take the NHL to court.

 

[borro]

I have a Johnny Cochran like quote.

"If the Caps can't in the Top5 draft, someone in the NHL has given them the shaft!

 

[Chaos]

The question is about finish. Many teams would have never had a chance and they know it. They are using the strike to be greedy.

I still like my way of having the GM's who are so able to pick the BPA pick the worst team to best. I bet you would get a surprisingly good result. You poll all the GM's on who would have finished worst. 2nd to worst etc. If you wait to 2006 to have the 2005 draft you waste a year and still base the draft of one year performance on 2. To make changes you risk a reasonable lawsuit in my mind.

No, they dont know that. Injuries happen. Teams just play bad...teams come out of nowhere all the time, and the exact opposite could have happened. You like your way because it gives your Caps a chance to get rewarded a 2nd straight year for 1 year of tanking. Oh yeah, its a lockout, not a strike.

 

[borro]

No NHL Franchise is going to take the NHL to court.

They would under something that could change franchise for 20 years! How can you say they won't sue when people sue McDonalds for the coffee being hot?

 

[MontrealCruiser_83*]

The question is about finish. Many teams would have never had a chance and they know it. They are using the strike to be greedy.

I still like my way of having the GM's who are so able to pick the BPA pick the worst team to best. I bet you would get a surprisingly good result. You poll all the GM's on who would have finished worst. 2nd to worst etc. If you wait to 2006 to have the 2005 draft you waste a year and still base the draft of one year performance on 2. To make changes you risk a reasonable lawsuit in my mind.

You can't base a legal argument on that.

 

[borro]

No, they dont know that. Injuries happen. Teams just play bad...teams come out of nowhere all the time, and the exact opposite could have happened. You like your way because it gives your Caps a chance to get rewarded a 2nd straight year for 1 year of tanking. Oh yeah, its a lockout, not a strike.

and you don't want to see your franchise rewarded for whatever? Puhhhlease!

 

[borro]

You can't base a legal argument on that.

You can't base an argument on reasonable expectation? C'mon.

 

[Chaos]

and you don't want to see your franchise rewarded for whatever? Puhhhlease!

Aside from being upset that someone other than your beloved Capitals might actually have a shot at Crosby, what exactly is your point?

 

[MontrealCruiser_83*]

You can't base an argument on reasonable expectation? C'mon.

Piss and moan all you want but the legal system operates on black and white. No room for gray area and rightfully so.

 

[Chaos]

You can't base an argument on reasonable expectation? C'mon.

What reasonable expectation? The reasonable expectation that had CALGARY and TAMPA BAY playing for the Stanley Cup? How about the reasonable expectation that had J-S Giguere on fire taking an average Anaheim team to game 7 of the Cup Finals? Reasonable expectations like that? Or maybe the reasonable expectation that in your dreams says that the Caps would of course get the #1 pick again.

 

[NYR469]

based on what actual finish?? i don't know where you live but in the universe i live in called reality there was no nhl season and every team finished the year 0-0-0.

there is no precedence to doing a draft where anyone can get the #1 pick but there is also no precedence where you use the standings from 2 years ago to determine the draft order. so your plan is just as wrong as the other one.

 

[GirardIsStupid]

besides, the chances of a team like the avs getting crosby have got be at least 100-1.

 

[Boltsfan2029]

They would under something that could change franchise for 20 years! How can you say they won't sue when people sue McDonalds for the coffee being hot?

Isn't the draft covered under the CBA? If it is, there would be no grounds to sue because once the teams sign off on it, they've agreed to abide by its terms.

(If it's not covered by the CBA.... never mind!! )

 

[Bruwinz37]

This is the most ridiculous thread I have ever read. Are you suggesting that a team will sue to get the top pick from a season that didnt exist? I would certainly hope the courts would dismiss that case out of hand.

 

[Chaos]

Isn't the draft covered under the CBA? If it is, there would be no grounds to sue because once the teams sign off on it, they've agreed to abide by its terms.

(If it's not covered by the CBA.... never mind!! )

Its in the CBA...hence why as of now there is no 2005 draft.

 

[Boltsfan2029]

Its in the CBA...hence why as of now there is no 2005 draft.

That's what I thought. I would assume, then, that as I said there would be no basis for any type of legal action as the teams would have agreed to the process, whatever it may be.

 

[NYR469]

besides, the chances of a team like the avs getting crosby have got be at least 100-1.

not according to the rumors floating around last week or so that had the avs odds at like 1 in 60, which is only 1.6% but the highest odds (rangers and columbus) was like 4 in 60. thats a lot closer to even odds then it should be.

 

[MojoJojo]

The draft order is not a right granted by law, it is an agreement among the NHL clubs. Legally they can do it however they please.

 

[EroCaps]

I have a Johnny Cochran like quote.

"If the Caps can't in the Top5 draft, someone in the NHL has given them the shaft!

Top 5?

According to the latest model, the Caps will have the same number of lotto balls as Tampa and Detroit.

They'll be lucky to draft top 20.

 

[BigE]

They would under something that could change franchise for 20 years! How can you say they won't sue when people sue McDonalds for the coffee being hot?

How can I say that? I can say that because NHL franchises aren't getting hot coffee spilt on their work pants...

You can't dispute a draft that will be implemented into the Collective Bargaining Agreement. The same CBA that each franchise has to sign off on before it is ratified.

Ridiculous.

 

[GirardIsStupid]

not according to the rumors floating around last week or so that had the avs odds at like 1 in 60, which is only 1.6% but the highest odds (rangers and columbus) was like 4 in 60. thats a lot closer to even odds then it should be.

so, it may appear the avs odds are doubled. either way, the chances of a good team landing crosby are minute. I'm just hoping he doesn't go to a western conference team. Preferably, I'd like to see him land in NY with the Rangers...or any Canadian team in the East (except for Toronto).

I also don't think its out of the question that he may ask to be traded to the Habs. so my best case scenarios would include Crosby being drafted by Montreal or the NYR.

 

[MontrealCruiser_83*]

The fairest way would be one ball each. No doubt about that.