Capitals sue Alexander Semin, Mark Gandler, Gandler's Agency

[coolguy21415]

I think there are a bunch of Columbian drug lords in US prisons who might disagree with you.

You don't need an extradition treaty. You can always request a foreign country to extradite either a citizen or foreign national, but they have no obligation to comply. A reciprocal extradition treaty places obligations on both sides to extradite suspects under specified conditions. Unfortunately, there is little a country can do to enforce the treaty if the other country still refuses to co-operate - see Mexico and narcotics suspects including those accused of killing US DEA agents.

Aside from trade sanctions and economic penalties. I'm not saying that Semin is even nearly important enough for this to happen, but I could see such an event if some country refused to extradite someone who, say, assassinated the president. Anyway good discussion guys, allows plebs like me to learn a little bit!

 

[CapitalsCupReality]

A master's degree in business law? What in God's name is that? i have never heard of such a thing.

By the way, I AM a lawyer. For the most part, your statements in this thread are overly broad and accoridngly incorrect.

What kind of law do you practice? Just because you're a lawyer doesn't mean you're a subject matter expert on international labor issues.

I stayed at a Holiday Inn Express....so I'm ready for the Supreme Court.

 

[Weary]

All this talk of extradition got me thinking. Are people ever extradited for civil suits? I can't remember ever hearing of a case where it happened.

 

[GSC2k2*]

International contract law for 15 years - which is precisely the subject matter under discussion. This is a contractual matter, and not a "labour" matter.

 

[GSC2k2*]

All this talk of extradition got me thinking. Are people ever extradited for civil suits? I can't remember ever hearing of a case where it happened.

It does not happen, Weary. Extradition is an irrelevant topic for purposes of this thread.

 

[CapitalsCupReality]

International contract law for 15 years - which is precisely the subject matter under discussion. This is a contractual matter, and not a "labour" matter.

Hmm....convenient for us....

 

[kdb209]

Originally Posted by gscarpenter2002
International contract law for 15 years - which is precisely the subject matter under discussion. This is a contractual matter, and not a "labour" matter.

Hmm....convenient for us....

gsc2K2 has been quite an educational resource on these boards.

I recommend going back and reading a lot of the IIHF Agreement threads where he went into great details - as well as entertaining exchanges with Wetcoaster, another lawyer who frequents these boards. Interesting stuff.

 

[Mothra]

What kind of law do you practice? Just because you're a lawyer doesn't mean you're a subject matter expert on international labor issues.

I stayed at a Holiday Inn Express....so I'm ready for the Supreme Court.

In this administration I would say you are over qualified

 

[Mothra]

Oh because you think that the FBI operates outside US borders? That US judgements have any effect outside of the US?

if he werent dead I would suggest you speak with Mir Aimal Kasi....but since he is just read this link

http://archives.cnn.com/2002/LAW/11/15/cia.killings.execution/

"Kasi worked for a courier service at the time of the shooting and was familiar with the area around the CIA headquarters. He fled and remained on the run for more than four years, until FBI agents in a hotel in Pakistan captured him in June 1997. According to prosecutors, he spent most of his time hiding in Afghanistan, with only occasional stops in Pakistan."

 

[TK79]

Good luck getting Semin out of Russia. They have quite a different view on democracy than the western world.

 

[GSC2k2*]

gsc2K2 has been quite an educational resource on these boards.

I recommend going back and reading a lot of the IIHF Agreement threads where he went into great details - as well as entertaining exchanges with Wetcoaster, another lawyer who frequents these boards. Interesting stuff.

Thanks, kdb. I can say the same about you.

Those exchanges with Wettie were quite entertaining in retrospect.

 

[txpd]

Kasper11 posts,"Wouldn't this just make it more likely that he would stay in Russia permanently?"

There is room to suggest that the Capitals have already decided that they are finished with Semin and so, they are no longer interested in Semin's NHL career except as a trade chip.

Semin abruptly changes agents just before camp and went from coming to visa trouble to not coming in short order. My guess is that the Caps are washing their hands of Semin and are more interested in extracting their pound of flesh out of the agent and his firm. They, afterall are subject to the juridiction of the court.

 

[Mothra]

Kasper11 posts,"Wouldn't this just make it more likely that he would stay in Russia permanently?"

There is room to suggest that the Capitals have already decided that they are finished with Semin and so, they are no longer interested in Semin's NHL career except as a trade chip.

Semin abruptly changes agents just before camp and went from coming to visa trouble to not coming in short order. My guess is that the Caps are washing their hands of Semin and are more interested in extracting their pound of flesh out of the agent and his firm. They, afterall are subject to the juridiction of the court.

Well they would have washed their hands of him in quick order.....2 weeks ago GMGM spoke to Semin and expressed his desire to have him here

 

[wilka91*]

if he werent dead I would suggest you speak with Mir Aimal Kasi....but since he is just read this link

http://archives.cnn.com/2002/LAW/11/15/cia.killings.execution/

"Kasi worked for a courier service at the time of the shooting and was familiar with the area around the CIA headquarters. He fled and remained on the run for more than four years, until FBI agents in a hotel in Pakistan captured him in June 1997. According to prosecutors, he spent most of his time hiding in Afghanistan, with only occasional stops in Pakistan."

Yeah but that's exceptional for a country to let foreign operatives work on its soil. You see, Pakistan allowed the FBI to be there.

 

[Mothra]

Yeah but that's exceptional for a country to let foreign operatives work on its soil. You see, Pakistan allowed the FBI to be there.

whatever the reasons I was pointing out that the FBI does indeed work outside the US.....

 

[wilka91*]

I'm not even going to reply to this

 

[Mothra]

I'm not even going to reply to this

Well, you did say this....

"Oh because you think that the FBI operates outside US borders?"

"That US judgements have any effect outside of the US?"

"a country never extradites its citizens"

all of these are clearly incorrect

 

[wilka91*]

the 1st two were questions

the 3rd statement has exceptions
still a country like the US would NEVER extradite one of its citizens. for the same reason that the US is not a member of the Intl Criminal Court

 

[Mothra]

the 1st two were questions

the 3rd statement has exceptions

Thats nothing short of spin my friend.....your "questions" were essentially asking the poster if he was foolish enough to believe the FBI works outside the US

are for your 3rd statement and its exceptions....it must have been a usage of the word "never" that I wasnt previously aware of

 

[Transported Upstater]

"It depends on what your definition of 'is' is"
-Wild Bill

 

[Drake1588]

http://sports.espn.go.com/nhl/news/story?id=2207036

Capitals suing Semin, agent for breach of contract

"This is not personal; it's business. This course of action was encouraged by our law firm and the NHL," Capitals owner Ted Leonsis wrote Friday in his Owner's Corner column on the team Web site. "We have a contract with Alexander, and we want his agent and Russian hockey team to honor that commitment."
....
"At some point, I think it's important to take a stand and indicate a willingness to do whatever is necessary to protect your contractual and legal rights," NHL deputy commissioner Bill Daly said. "The league certainly supports Washington's decision to do that here."

 

[wilka91*]

Semin missed Lada's last game.

 

[Pepper]

All this talk of extradition got me thinking. Are people ever extradited for civil suits? I can't remember ever hearing of a case where it happened.

No.

If FBI agents try pulling stunts what they ahve done in Pakistan etc. in EU countries or Russia they better be ready for some serious diplomatic crisis.

 

[PatrickRoy]

Proskauer Rose is a pretty big law firm, as I am sure some of the other legal eagles on here can attest to, I don't think they would take on this case if it is frivolous as some of you are leading to indicate.

I am sure there is a method to the madness that the Caps and the NHL see in this lawsuit, more so then some of the posters who when it comes to things of this nature are clueless.

This is goning to be one of those wait and see deals.

I applaud the Caps for at least taking a stand and not letting them run all over them.

Should be interesting in the weeks/months to come.

 

[Drake1588]

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/04/AR2005110401729.html

Capitals Get Order Limiting Semin Movement

--Excerpt--

The Associated Press
Friday, November 4, 2005; 8:28 PM

WASHINGTON -- The Capitals on Friday were granted a temporary restraining order against holdout Alexander Semin, preventing the Russian forward's representatives from negotiating contracts with any team other than Washington.

U.S. District Court Judge Henry H. Kennedy Jr. ruled that Semin, New Jersey-based agent Mark Gandler and Gandler's International Sports Advisors Company, Inc., are forbidden to make "any agreement, contract, trade, loan or other arrangement whereby Semin will play hockey games for any professional hockey team or organization other than the Washington Capitals" until a hearing is held on the team's lawsuit against the player.

A motion on the Capitals' request for a preliminary injunction against Semin will be held Nov. 23. Semin, Gandler and ISA have been given 10 days to respond to the Capitals' complaint.

--Excerpt--


Interestingly enough, the article contains a quote from McPhee, followed immediately by a quote voicing support by Bill Daly. Also, Commissioner Gary Bettman was in DC today and attended tonight's Capitals-Thrashers game at MCI Center. Might he have attended the hearing, one wonders? Bettman also voices support for the Caps in the article.