Malkin Court Documents

[kdb209]

Given that we've gone through a plethora of Malkin threads on this board, here's an interesting thread on the NHL Talk Board:

http://hfboards.com/showthread.php?t=311607

It includes some of the docs from the Metallurg suit against the Pens and the NHL, including Metallurg's Complaint filed in US District Court and a couple of briefs filed - one by Malkin with his account of the contact "negotiations" and one with an analysis of the validity of the two week notice law to sports contracts.

It's actually pretty interesting reading.

http://www.letsgopens.com/malkin-legal/Malkin_Complaint.pdf
http://www.letsgopens.com/malkin-legal/Malkin_Brief.pdf
http://www.letsgopens.com/malkin-legal/Malkin_Brief2.pdf
http://www.letsgopens.com/malkin-legal/Malkin_2_week_notice.pdf
http://www.letsgopens.com/malkin-legal/Malkin_2_week_notice2.pdf
http://www.letsgopens.com/malkin-legal/Malkin_Contract_05-06.pdf

I'd love to see some commentary from the usual suspects - the HF Boards cadre of legal pundits (Wettie, gsc2k2, Lionel Hutz, etc).

And surprisingly enough, there isn't a 10 page thread on the Pen's board filled with neo Cold War rhetoric - yet.

Click to read more...

 

[Kaizer]

Interesting thing that guy who barely speaks English wrote his notice in 2 languages without any mistake and even with right date format in both cases

 

[kdb209]

Velichkin's Wet Dream

Slightly OT:

The Boston Red Sox just won an auction to pay $51.1M to the Seibu Lions of Japan's Pacific League for the rights to sign pitcher Daisuke Matsuzaka.

 

[vcx*]

Slightly OT:

The Boston Red Sox just won an auction to pay $51.1M to the Seibu Lions of Japan's Pacific League for the rights to sign pitcher Daisuke Matsuzaka.

Wow, 51m....what happens if he flops? that a wasted 51m investment.

 

[clefty]

Interesting thing that guy who barely speaks English wrote his notice in 2 languages without any mistake and even with right date format in both cases

Huh?

 

[Muscle Bob]

Yeah, and have a look at this:
http://www.kremlyn.ru/content/news/podpisi.jpg

 

[clefty]

Yeah, and have a look at this:
http://www.kremlyn.ru/content/news/podpisi.jpg

Again......huh?

 

[Grave77digger]

I guess hullucinogens are legal on that side of the world?

 

[Clarence Beeks]

Interesting thing that guy who barely speaks English wrote his notice in 2 languages without any mistake and even with right date format in both cases

It was obviously written either by an attorney, or in the presence of an attorney. In his situation, only an idiot would have done so without cousnel.

Here is what is highly likely to happen:
1. Malkin will not be subject to return to play for Metallurg. US common law does not recognize specific performance as a remedy for breach of a personal services contract.
Here is what is likely to happen:
1. The NHL and the Pittsburgh Penguins will not be subject to the injunctive relief sought by Metallurg, as the contract law relied upon by Metallurg as the basis of their defense is not valid under Russian common law.
2. Russian courts could find in favor of Metallurg, in which case it will be unlikely that you will see Malkin return to Russia for any reason (including the World Championships), for as long as he remains outside of Russia, he would not be subject to jurisdiction of Russian courts, and therefore any ruling made by a Russian court.
3. Worst case scenario for the NHL and the Pittsburgh Penguins is the payment of compensatory damages to Metallurg, but even that outcome is unlikely based upon the pleadings.

Seems like a lot of talk, which is expected from someone in Metallurg's position considering what they claim in their pleading to lose. Unfortunately for them their remedies are limited.

 

[Clarence Beeks]

This doesn't help their cause either.

http://pittsburghpenguins.com/team/press/arts/2130.0.php

 

[Egil]

I think that ruling is irrelevent. This is cleary a "money" matter, so their is no need to prevent the player from playing while the "money" matter is sorted. I believe the injuction attempt was always doomed to failure, but the monetary compensation issue is not.

 

[Clarence Beeks]

I think that ruling is irrelevent. This is cleary a "money" matter, so their is no need to prevent the player from playing while the "money" matter is sorted. I believe the injuction attempt was always doomed to failure, but the monetary compensation issue is not.

It cleary was relevant. If it weren't, the court wouldn't have been ruling on it. It would have been dismissed, instead of denied.

 

[Lionel Hutz]

I haven't been online in a while, been quite busy, I'm actually in a trial right now, but I will read these documents with interest now that I have seen them.

It seems to me that the injunction issue is dead in the water. The ruling given applies only to a preliminary injunction, but what I have read and seen seems determinitive on the issue.

I believe what me and a few others have been saying all along seems even truer now, that Malkin's services are not unique enough that the loss of them cannot be compensated by damages. Which is the threshold to be met in seeking an injunction. The now infamous Bette Davis case does not apply, as I have said all along.

Also interesting is that the 2 week notice issue appears to have been revived. Which many of us suspected would happen.

 

[Lionel Hutz]

I think that ruling is irrelevent. This is cleary a "money" matter, so their is no need to prevent the player from playing while the "money" matter is sorted. I believe the injuction attempt was always doomed to failure, but the monetary compensation issue is not.

Well, There are posters who argued with me until they were blue in the face that an injunction would be granted, and that I was a blind biased idiot for thinking otherwise.

One is mysteriously absent....which seems to happen often occur in such situations....

Interesting thing that guy who barely speaks English wrote his notice in 2 languages without any mistake and even with right date format in both cases

Is my sarcasm detector in need of repairs?

 

[Lionel Hutz]

Siberian, Muscle Bob and Paxton whatever you go by these days, read paragraph 9 of the affidavit of Balakova.

She is a Russian labour lawyer, she agrees with my analysis of the operation of the Russian Labour code, which you chided me for.

 

[Paxton Fettel]

She is a Russian labour lawyer, she agrees with my analysis of the operation of the Russian Labour code, which you chided me for.

Yeah I know, you were right. Actually I forgot to tell you about it when I received my Russian labor law book in September.

The only problem is that hockey contracts are governed by article twenty something of the Fereral sports law, and just like in the USA or Canada, a hockey player cannot quit his job. Just as I guessed, they do have specific regulations. It was pretty logical. So the question whether Malkin's notice is valid or not becomes irrelevant.