smelly

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About smelly

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  1. Sean Avery arrested for drugs, throwing stuff at cars

    Dude has Borderline Personality Disorder. No doubt.
  2. Is tanking the right move?

    There is no third round in the NBA draft.
  3. GDT: New Jersey Devils vs Detroit Red Wings

    True. But this won't even help without a complete house cleaning in the scouting department. Conte has been living on past glory for way too long. Years of horrible drafts have left this team with the dearth of talent it is suffering from. In this regard they are the NY Giants on ice.
  4. GDT: New Jersey Devils @ Pittsburg Penguins 7PM MSG

    seven more years. wonderful.
  5. Devils most disapointing

    Yup. I was one of them.
  6. We now have the 30th pick

    I agree -- they are not intimidated. But they are practical. I've settled many a case with those very same lawyers at Proskauer, Skadden and the like. And they don't turn down a reasonable deal that provides their clients with a satisfactory resolution and the certainty that goes with it. And A-Rod had no case -- legally or factually. Totally different situation. And to the rest of the board -- you're welcome for the copper wire.
  7. We now have the 30th pick

    I've seen injunctions issued in situations that are a far cry from the situations you cite. And if you want to take your chances on that argument in Chancery, go right ahead. Given all the hell it could raise, I'm not sure the NHL would roll the dice that some judge in Chancery wouldn't issue a TRO and make a mess.
  8. We now have the 30th pick

    Remember, it's the threat that counts here. Notwithstanding the bylaw provision, there is nothing that would prevent the Devils from advising the league that they would go forward with litigation and challenge the bylaw as unconscionable and unenforceable. A tough argument ultimately to succeed on, but in a game of bluff-calling all bets are off. As for laches, whether the litigation were so unreasonably delayed such that it should be equitably barred would depend on the facts, and I believe your assumption is too facile here. The arbitration was in January -- waiting five or six months to file would not presumptively be improper under NJ law. Also, even if you filed the lawsuit immediately after the arbitration decision, the PI application need not necessarily be filed and/or decided immediately -- and could plausibly be argued to be premature if brought at that time. Finally, although likelihood of success is an element of a TRO/PI ruling, we all know that as a practical matter where there is a strong case for irreparable harm (one of the other elements of the test) many courts (state courts in particular) apply a somewhat relaxed standard for likelihood of success (even if they don't admit as much). I strongly disagree that the Devils attorneys would be remotely exposed to sanctions for filing such an application, especially if they included a challenge to the bylaw itself. Judges are loathe to impose sanctions for anything other than the most egregious conduct, and this certainly would not rise to that level.
  9. We now have the 30th pick

    I think today's development is a fair resolution of the whole Kovlchuk saga. Yes, the Devils arguably violated the spirit (and perhaps the letter) of the CBA cap rules, but they didn't do anything that numerous other teams hadn't already done. The league determined it had to put its foot down and decided to make the Devils the example (we can speculate as to why NJ ad nauseam). In any event, I'm not at all surprised that the penalty was lessened in this manner. To me, the most interesting comment that Lamoriello has ever made about the loss of the draft pick was last summer, when he expressly revealed that he wasn't worried and the team's attorneys were looking at the Devils' options. My read is that the league knew that even if the original penalty was upheld by the league arbitrator, Lamoriello and the Devils could make a real mess of things. How? First, challenge the ruling in arbitration. If you lose, wait until the eve of the draft and file a lawsuit and an application for a temporary restraining order and preliminary injunction preventing the league from enforcing the penalty until the litigation was complete (have another donut!). Yes, it is VERY difficult to overturn an arbitrator's ruling in court (isn't that right, A-Rod)?, and it is likely that the Devils would have ultimately lost the lawsuit and the original penalty would have been upheld. BUT the damage for the NHL likely would have been severe, and may in fact have been catastrophic. How? Let's say the Devils get the injunction. Now all of a sudden they have a pick that according to the league's official position is invalid. The Devils make their pick, and the league is legally powerless to stop it. The other teams could theoretically challenge the validity of the draft. There could be uncertainty with EVERY subsequent selection after the Devils pick. And there is potentially a real mess if and when the NHL position were upheld by the court. Yes, the league could roll the penalty over until the next draft, but even then creative lawyers for any of the teams or draftees in either draft could make a lot of trouble if they wanted to. Moral of the story -- both sides recognized that it was in everybody's interest to do a deal. Throw in the fact that both Vanderbeek AND Kovalchuk are no longer with the franchise, and you have a nice cover story to "explain" or rationalize the modification (not that I think that this had nothing to do with the change -- but I don't believe for a second that it was the driving factor). So despite the bitching by some fans of other teams (even setting side the whole pot/kettle thing), this was a positive development for everyone. And, in my opinion, fair also.
  10. This is correct, although no one ever mentions this. The tournament format called for pool play in the medal round, not single elimination. In the medal rounds The top two teams in each group played each of the top two teams in the other group. Points from opening round groupings carried over. Soviet game was not a semifinal and the Finland game was not a final. In fact, Finland didn't even medal. The soviets got silver and Sweden bronze
  11. GDT 7: Devils @ Senators aka first win of the season 730pm MSG+

    Huh? Ten teams make the playoffs in baseball.
  12. GDT 7: Devils @ Senators aka first win of the season 730pm MSG+

    Unlikely that it is under any scenario, the only way Marty goes out with another Cup is if he rides the bench. End of story.
  13. Grantland Preview

    "Best case: Stanley Cup. Worst case: Last place overall. Seriously, I don't think there's a team in the league that's harder to forecast than the Devils." http://www.grantland.com/story/_/id/9752853/nhl-preview-2013-14
  14. The Rockets control that building, and effectively forced the Aeros out after a long run in Houston. Their GM was interviewed on NHL Radio, and said that the Rockets didn't want to share with another regular tenant. Perhaps they would feel differently about an NHL franchise, but signs suggest no.
  15. http://nhl.si.com/2013/07/30/the-12-greatest-hockey-commercials/?sct=hp_bf7_a5&eref=sihp