- Feb 24, 2012
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As an outsider to this discussion, I feel like you're misinterpreting...but perhaps not. Had the Avs management known about the waiver rule, they would've told the league about it ahead of time, before ROR could've even signed an offer sheet. That way, a team like Calgary wouldn't have been dumb enough to offer sheet him when he would have to go through waivers. It gives the Avs leverage in the negotiating room to say to ROR: "Look, no other team besides the team in last place can sign you to an offer sheet because you'll have to go through waivers." With that in mind, ROR has to either hope for a good offer from the team in last place or come down a bit on his asking price.
It's not about legally fighting the rule, it's about letting the other teams in the league know ahead of time so they wouldn't make the mistake. Feaster wouldn't have made that offer if he had known that ROR would pass through waivers. Perhaps the Avs knew about the rule, but it seems more likely that they didn't or they would've used it to their advantage by telling Feaster ahead of time that he would be an idiot to offer sheet ROR. The bolded part above isn't true. Had they used the rule to their advantage and told everyone ahead of time, and Feaster still made the bonehead offer sheet, they would still match it but at least they could say "we warned Feaster."
It still covers that. If the Avs were confident in that fact and spread the word around the league that he would have to pass through waivers, that wouldn't have made it a fact. Each team has their own lawyers, and it was and still is a grey area to the rule, and there is a chance that it could be fought legally. I'm sure there were teams that were willing to fight it out legally as there were rumors that other teams were going to try the offer sheet route. Without being a lawyer in that specific area, it is hard to say exactly what would have happened, and unless I missed something, the NHL stayed mute on the subject.
A big question here that was never answered was the reserve lists and if teams were able to put other teams RFAs on that list?