Per Aaron Portzline, Columbus beat writer:
No way they'd give up this year's No. 9 overall. But I asked around, at combine/since, wondering why they wouldn't give up last yrs No. 29.
Prevailing opinion is that Devils play to petition league - perhaps they already have - to repeal that part of their punishment.
Portzline is a pretty good writer. And, he doesn't puport to know anything, just that he asked around at the combine. But he's reputable enough that it's safe to say he didn't make this up.
Part of it depends on whether the CBA provides for a challenge of penalties, whether it can go to an arbitrator and whether there's a time period for challenging a penalty, and whether that time period has passed.
I suppose the Devils could threaten to take it to an arbitrator and work out a compromise where the Devils have to give up their next non-lottery pick. If the penalty goes before a neutral third-party, the Devils would have a pretty good case. The last arbitrator made a point to note that the Devils and Kovalchuk did not act in bad faith, and other teams had done the same thing, basically. Also, the new CBA essentially solves the problem of long term/back loaded deals, so there's no longer a need for the deterrent effect.
Edited by Daniel, 25 June 2013 - 09:10 AM.