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New Kovy Update ("As the Kovy Turns")


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#5801 MartysGlove

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Posted 20 July 2010 - 09:21 PM

This isn't a criminal court case, it would be an arbiter talking to the NHL and the Devils, totally different than a murder trial.

Plus the league is given the authority to be the decision maker in these instances, so if the league believes it to be true they have the power to deny the contract. You need strong proof Kovy will be playing at 44, and there is almost no evidence that will be the case.



Uhh..the league is given authority, but the Devils can challenge the decision in court. The CBA is a legal document.

The league as the *prosecutors* would bear the onus to prove that Kovy will NOT be playing at 44.

The Devils don't need to provide strong proof that Kovy will be playing at age 44, thats like asking a defendant to provide proof of why he's innocent. Courts don't work that way, criminal or civil.
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#5802 Amberite

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Posted 20 July 2010 - 09:21 PM

Lou is not the sort of person to roll over and agree with the rejection. He will take this to court. And I have no idea how the league can effectively argue their case when it follows all CBA rules and there is already plenty of precedent. Courts take past precedence pretty seriously.
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#5803 Jerrydevil

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Posted 20 July 2010 - 09:21 PM

Why did Lou tell TG he thought it was a stupid contract?


You've got a point, but I think Lou might have been emboldened by the fact that there is precedent.
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#5804 SatansDevils

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Posted 20 July 2010 - 09:22 PM

Kovy will still be a New Jersey Devil. The NHL wants more money up front in less years is what they are trying to say IMO. It is strange because the NHL let Hossa do it and Dipietro do it in years past. Its bullsh!t! Lou will get this all worked out with sh!thead Bettman and the NHL tonight or tomorrow. Kovy wants to stay here so no need to worry or panic.
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#5805 dejaentendu2101

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Posted 20 July 2010 - 09:22 PM

All that should happen is it just gets reworked and resubmitted right?
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#5806 Devils731

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Posted 20 July 2010 - 09:23 PM

http://fans.sharks.nhl.com/topic/2850

Someone else looks like they found the answer:

Erat's contract was rejected because it violates what is known as the ''100 per cent rule,'' which effectively states there cannot be a reduction of the total compensation from any given year over a three-year period by more than 100 per cent.


This contract violates it a few times.
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#5807 sammyk

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Posted 20 July 2010 - 09:23 PM

This is bullsh!t! The NHL wants more money upfront and less years is what they are trying to say! But it was OK for Hossa and Dipietro to have their deals. What bullsh!t and Lou will get this straightened out real fast. Kovalchuk will still be a NJ Devil and he has made his choice. He is not going anywhere else so no need to worry or panic.


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#5808 Triumph

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Posted 20 July 2010 - 09:23 PM

Being below league minimum at the time is irrelevant. That's part of the cons of signing a long term deal, you get CURRENT market values, CURRENT min/max'es.

Very simple, if Kovy plays to 44, how exactly is this cap circumvention?
If anything.. it validates the cap.

By rejecting the contract, they are saying they believe (and/or have evidence to back it up in court) that Kovy and the Devils agreed to retire on year 12. Doubt it.


you're not reading the clause. the clause basically says that the league reserves the right to reject any contract that has the intention of circumventing the CBA:

" if either (i) or (ii) is intended to or has the effect of defeating or Circumventing the provisions of this Agreement or the intention of the parties as reflected by the provisions of this Agreement, including without limitation, provisions with respect to the financial and other reporting obligations of the Clubs and the League, Team Payroll Range, Player Compensation Cost Redistribution System, the Entry Level System and/or Free Agency."

if the league feels this way, it can reject the contract. the devils can take the league to arbitration it seems, which i am not sure that they would do.
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#5809 Devils731

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Posted 20 July 2010 - 09:24 PM

Uhh..the league is given authority, but the Devils can challenge the decision in court. The CBA is a legal document.

The league as the *prosecutors* would bear the onus to prove that Kovy will NOT be playing at 44.

The Devils don't need to provide strong proof that Kovy will be playing at age 44, thats like asking a defendant to provide proof of why he's innocent. Courts don't work that way, criminal or civil.


No, you're wrong. The Devils are challenging the leagues given authority. The onus is on the Devils to provide a preponderance of evidence that the leagues use of their power was incorrect. The league is using their properly given authority in a proper manner, the Devils must show that it is improper.

Edit: You even know this yourself. You say the Devils are taking the NHL to court, in your scenario, so the league is in defense, not the Devils. Of course, it's almost immaterial in a civil case like this, since you only need to 51% prove your case, either side.

Edited by Devils731, 20 July 2010 - 09:26 PM.

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#5810 Dadds

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Posted 20 July 2010 - 09:24 PM

:argh: this off season makes my head hurt
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#5811 mrthemike

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Posted 20 July 2010 - 09:26 PM

http://fans.sharks.nhl.com/topic/2850

Someone else looks like they found the answer:



This contract violates it a few times.


Interesting....
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#5812 HellOnICE

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Posted 20 July 2010 - 09:27 PM

At least the soap opera will continue and it gives us soemthing to talk about over the summer.
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#5813 Elias26

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Posted 20 July 2010 - 09:27 PM

We would probably have a lot better chance if the contract took him to 42 not 44 but it's really subjective.
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#5814 Triumph

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Posted 20 July 2010 - 09:27 PM

http://fans.sharks.nhl.com/topic/2850

Someone else looks like they found the answer:



This contract violates it a few times.


wat. the marc savard contract unquestionably does this. as does the luongo contract. and those were the only two i looked at. am i missing something?

i don't think it's because of that clause.

Edited by Triumph, 20 July 2010 - 09:28 PM.

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#5815 Masked Fan

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Posted 20 July 2010 - 09:28 PM

[url="http://www.youtube.com/watch?v=UPw-3e_pzqU"]http://www.youtube.c...h?v=UPw-3e_pzqU[/url]

Good call, I use this quote
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If this rejection stands, the Islanders should ask the NHL to void the DiPietro contract. Posted Image

Nice

This is bullsh!t! The NHL wants more money upfront and less years is what they are trying to say! But it was OK for Hossa and Dipietro to have their deals. What bullsh!t and Lou will get this straightened out real fast. Kovalchuk will still be a NJ Devil and he has made his choice. He is not going anywhere else so no need to worry or panic.

Hope yer right!!!!!
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#5816 Devils731

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Posted 20 July 2010 - 09:29 PM

wat. the marc savard contract unquestionably does this. as does the luongo contract. and those were the only two i looked at. am i missing something?

i don't think it's because of that clause.


I dunno, I had never head of that rule before, but it'd be an easy fix if the league is going to make an issue of it, just lower highers and bump the first 2 years up to compensate.
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Your unconditional rejection of violence makes you smugly think of yourselves as noble, as enlightened, but in reality it is nothing less than abject moral capitulation to evil. Unconditional rejection of self-defense, because you think its a supposed surrender to violence, leaves you no resort but begging for mercy or offering appeasement.

-Terry Goodkind


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#5817 grcenter47

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Posted 20 July 2010 - 09:29 PM

i wonder if this will cause drama similar to the scott stevens/shanahan situation in the early 90's
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#5818 Devils731

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Posted 20 July 2010 - 09:30 PM

DarrenDreger

Kovy's deal was rejected because the NHL doesn't believe either the player or the Devils expected he would be playing near end of deal.

Kovy rejection was based on what may be a classis case of an artificial lowering of the AAV. They can refile, or the PA can grieve...

If the NHLPA grieves the leagues decision, the contract remains dead until an arbitrator decides otherwise.

--------------------

Simpler to just make the contract 15 years than risk the arbiter, I'm guessing.
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Your unconditional rejection of violence makes you smugly think of yourselves as noble, as enlightened, but in reality it is nothing less than abject moral capitulation to evil. Unconditional rejection of self-defense, because you think its a supposed surrender to violence, leaves you no resort but begging for mercy or offering appeasement.

-Terry Goodkind


Sex Panther cologne -- 50 percent of the time, it works every time.

-Anchorman

The best time to plant a tree is 20 years ago. The second best time is now.

-Anonymous

Keeper of Section 212-213's wayward step

#5819 Jerrydevil

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Posted 20 July 2010 - 09:30 PM

What? You didn't know this was going to happen? You're slipping!


Sir, you just mowed the lawn with that comment. :clap:
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#5820 Daniel

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Posted 20 July 2010 - 09:31 PM

Lou is not the sort of person to roll over and agree with the rejection. He will take this to court. And I have no idea how the league can effectively argue their case when it follows all CBA rules and there is already plenty of precedent. Courts take past precedence pretty seriously.



If there is a challenge, an arbitrator will decide the matter. You can challenge the arbitrator's decision in court, but it is extremely difficult to win. For something like this it would be a virtual impossibility.
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