Balsillie puts in $212.5 mil offer for the Coyotes

[Stronso]

Because they don't understand at all... and its pro canadian blabla. I'm québécois and for me it's annoying. How can someone wants others to lose their team ? I would be crush if it happens to me.

They do understand but they hate the fact that Bettman has "taken away" teams from Canada - they conveniently forget the fact that almost all of the Canadian teams have had money issues. EMD and Calgary probably wouldnt still have teams if it werent for Bettman.

Frankly, anyone who thinks that Don Cherry would make a good commissioner is just stupid but thats the mindset

 

[LadyStanley]

http://www.thestar.com/article/630347

Good for webtraffic, fans like the idea. Sabres not happy. Leafs not saying anything.


http://thestar.blogs.com/thespin/2009/05/a-national-insult-hardly.html

Cox takes paper to task as "advertising arm" of Balsillie


http://www.thehockeynews.com/articles/26025-Screen-Shots-Dear-Gary-let-Jim-have-his-NHL-team.html

THN's Proteau suggests Bettman let Balsillie have a team


http://msn.foxsports.com/nhl/story/9547794/This-time,-Bettman-isn't-the-bad-guy

Strachan: Bettman's not the bad guy (this time)



http://www.sportingnews.com/yourturn/viewtopic.php?t=546237

Winnipeg would like NHL back (but probably not Coyotes)



http://www.sportingnews.com/yourturn/viewtopic.php?t=546539

Slover: Balsillie not finding support

 

[Fugu]

I'm certainly no expert, but I don't think this contingency bid is going to hold up. A US Federal Judge has no jurisdiction to force something upon a Canadian city. So unless the relocation can be approved first, this bid is not going to count.

-Zen

The court can't force relocation nor does it need to. The only thing he wants if for the court to remove the lease and then rule that he can put the team wherever he wants. That can be done. Now of course if Hamilton or wherever he wants to put the team refuses to let him move the team to their city then the court can't do anything about that but that won't happen.

But the bid is contingent on moving to Southern Ontario. So Basillie is going to need to get leases, league approvals lined up - or his bid isn't real and cannot be accepted. It is a chicken egg thing. He's going to have to change his bid or pull a rabbit out of the hat and get the move finalized before the sale.

No, you're missing a lot of the earlier posts that show he indeed may not need league approval to move the team IF he can become an owner through the bankruptcy process.

 

[Dark4ng3l]

But the bid is contingent on moving to Southern Ontario. So Basillie is going to need to get leases, league approvals lined up - or his bid isn't real and cannot be accepted. It is a chicken egg thing. He's going to have to change his bid or pull a rabbit out of the hat and get the move finalized before the sale.

As I have said before it has been proven in the 80s that the leagues rules as far as relocation of a franchise might not be legally enforceable anyways. In that case the court will just see that the lease agreement is what is blocking that possibility. Of course getting an arena lease, etc is needed but he won't argue that the Coyotes need to get that for him so he can buy the team so that's pointless.

 

[Brodie]

But the bid is contingent on moving to Southern Ontario. So Basillie is going to need to get leases, league approvals lined up - or his bid isn't real and cannot be accepted. It is a chicken egg thing. He's going to have to change his bid or pull a rabbit out of the hat and get the move finalized before the sale.

His plan is to have the bankruptcy court rule on the anti-trust laws relating to the franchise relocation so that he can get the team and move them without ever having to consult the BoG.

 

[ranold26]

http://www.azb.uscourts.gov/wCalDet...on=PHOENIX&HearingDate=THURSDAY, MAY 07, 2009


Mod edit: court documents

 

[Brodie]

45 minutes until NHL Armageddon

 

[Alberta Yote]

45 minutes until NHL Armageddon

Do you really expect to hear much today?

 

[Brodie]

Yes, I expect we'll get the most important information today... whether the bankruptcy is valid.

 

[Alberta Yote]

Yes, I expect we'll get the most important information today... whether the bankruptcy is valid.

I expect they will all present a whole pile of paper, make their arguements and the judge will adjourn to take things under advisement and prepare a ruling on the legitimacy of the filing.

 

[Neil Patrick Harris]

http://www.thestar.com/Sports/article/630631

Coverage?

 

[GSC2k2*]

I'm not an attorney, but I have some experience with franchising.

I owned several franchises and my agreements conveyed the right to operate a business using the franchisor's name and materials in a defined territory. If I wanted to move or add another franchise in another area, I was required to either find a franchisee who wanted to sell their territorial rights (and possibly their business as well), and get approval from the franchisor for the purchase or purchase the franchise for that territory from the franchisor. If they would have rejected my application, I would have been well within my rights to buy a franchisee's business, but I would not have been able to use the franchisor's name, materials, etc.

I don't know if this applies to NHL franchises, having never read the master agreement, but if the NHL operates like most franchisors that I've encountered, the agreement only covers the current territory.

If so, a buyer could buy the Coyotes business, apply for the franchise and then operate in Phoenix. That buyer could offer to purchase an additional territory and the franchisor would have the right to sell or not to sell that territory as they see fit.

I hope any of the attorneys that post here could tell me if this is close to the truth.

That is correct. i have no reason to beleive the NHL's structure is much different.

 

[GSC2k2*]

As I have said before it has been proven in the 80s that the leagues rules as far as relocation of a franchise might not be legally enforceable anyways. In that case the court will just see that the lease agreement is what is blocking that possibility. Of course getting an arena lease, etc is needed but he won't argue that the Coyotes need to get that for him so he can buy the team so that's pointless.

Not correct. The Davis case has no real bearing on this. It turned on a section of the NFL Constitution that the NFL later changed so as to pass legal muster. The NHL's Constitutional restrictions are based on the revised NFL version.

 

[Fugu]

Not correct. The Davis case has no real bearing on this. It turned on a section of the NFL Constitution that the NFL later changed so as to pass legal muster. The NHL's Constitutional restrictions are based on the revised NFL version.

Can I ask how you arrived at this conclusion, and if you actually have a copy of the NHL by-laws?

 

[Dark4ng3l]

Well if he choses to fight it using antitrust laws he could still win. There is way too many possibilities here relating to the whole thing but the reality is that it's still possible that he could win.

Normal franchising might require you to purchase the right to exploit that franchise in a certain territory but you can usually purchase the rights to new territories. In this regard the NHL is sort of a zero sum game where buying a new franchise is just not available.

I don't know how all this factors in US law though. I'm an accountant and not a lawyer so what I say could be wrong anyhow but thats what I think.

 

[Squiffy]

Can I ask how you arrived at this conclusion, and if you actually have a copy of the NHL by-laws?

Strachan suggests as much.

The league has a constitution that allows it to dictate the location of franchises. There are those who point to what Raiders managing partner Al Davis did to the NFL, but the NHL has no shortage of lawyers, and it is their belief that they have plugged all the loopholes that allowed Davis to win his cases.

http://msn.foxsports.com/nhl/story/9547794/This-time,-Bettman-isn't-the-bad-guy

 

[Fugu]

Strachan suggests as much.


http://msn.foxsports.com/nhl/story/9547794/This-time,-Bettman-isn't-the-bad-guy

Strachan isn't a legal expert. It's all theoretical too as I don't believe any of this has been tested since Davis. I could be wrong on that, but if I am, I want to know exactly what the constitution says with expert legal comment by antitrust lawyers, not Strachan's one sentence blurb on the NHL constitution.

 

[Fugu]

I don't know how all this factors in US law though. I'm an accountant and not a lawyer so what I say could be wrong anyhow but thats what I think.

Even if you had a law degree, there's nothing that guarantees you'd be correct in your interpretation. That is unless you had 30+ years of arguing these kinds of cases in front of the highest courts in the land.

 

[Squiffy]

Strachan isn't a legal expert. It's all theoretical too as I don't believe any of this has been tested since Davis. I could be wrong on that, but if I am, I want to know exactly what the constitution says with expert legal comment by antitrust lawyers, not Strachan's one sentence blurb on the NHL constitution.

Oh I agree, and we're quite likely to find those answers out from exactly those people very soon. I don't even know if GSC was referencing that article or not, just a note.

Strachan was merely paraphrasing those that would be experts in these regards that he's spoken to, presumably, which is more then any of us can lay claim to, so it seemed worth noting.

 

[ReVeuF]

CKAC Rumor (French radio from Montreal): Bettman wanted to sell the Coyotes to one of his buddy owner of the NBA for lesser than 212 millions. He is now angry because Balsillie offerred much more than what his friend wanted to offer.

I hate that NHL Country Club...

 

[Fugu]

Oh I agree, and we're quite likely to find those answers out from exactly those people very soon. I don't even know if GSC was referencing that article or not, just a note.

Strachan was merely paraphrasing those that would be experts in these regards that he's spoken to, presumably, which is more then any of us can lay claim to, so it seemed worth noting.

It's noted but Strachan but like I said before, if it were that cut and dry, the courts would have very little to do.

 

[Dark4ng3l]

CKAC Rumor (French radio from Montreal): Bettman wanted to sell the Coyotes to one of his buddy owner of the NBA for lesser than 212 millions. He is now angry because Balsillie offerred much more than what his friend wanted to offer.

I hate that NHL Country Club...

Yeah we have known this for a couple days now.

 

[New User Name]

CKAC Rumor (French radio from Montreal): Bettman wanted to sell the Coyotes to one of his buddy owner of the NBA for lesser than 212 millions. He is now angry because Balsillie offerred much more than what his friend wanted to offer.

I hate that NHL Country Club...

Bingo, you just hit the nail on the head.

 

[CapsWolverinesUSA]

No, you're missing a lot of the earlier posts that show he indeed may not need league approval to move the team IF he can become an owner through the bankruptcy process.

But he can only become owner through the bankruptcy process (based on his current offer) if the Court first goes through the lengthy and complicated process of determining that the NHL's prohibition on relocating franchises without approval is a violation of anti-trust laws. That isn't some triviality. It could literally take many months, if not a year or more, to get to that conclusion. We're talking tons of experts, potentially vast discovery efforts, significant pre-trial motions practice, etc. And then there's the likely appeal that the NHL would file (along with injunctive relief to block the relocation pending the appeal). That could drag things out for another year or two.

What I believe to be ironclad fact is that the bankruptcy judge isn't just going to award the franchise to Balsillie and say "we'll deal with the other stuff later." An award to Balsillie cannot occur until AFTER a judge determines that the NHL cannot stop a relocation. Otherwise, the award would be made based on a contingency that the court might not have the authority to enforce or alleviate.

Do you disagree with this?

 

[Evil Doctor]

Not this season, though...
http://www.hamiltonbulldogs.com/individual_tickets

Edit: And judging by the price of their flex packs, the people won't have to pay it next season either:
http://www.hamiltonbulldogs.com/flex_packs

It's possible I'm confusing the pricing of the playoff tickets for the regular season tickets. I would have to see if I can dig out my old ticket stubs to see where I went off the rails, I remember paying $32 each for tickets. At least those prices are more rational, but the Phoenix tix are only $11 more for the NHL than Hamilton has for the AHL.

Edit: Okay that was quick, here they are: $29 base value, $33.35 with taxes, for Game 'C' vs. Hershey in the 2007 playoffs. Or in other words the Calder Cup final, game 5 of that year.... yeah, I'm giving myself a big headslap right now....