Leafs Fan & litigation, media and sports lawyer.
@Doorman @Elliot Saccucci Thanks, all done.
2 weeks, 5 days ago on Thursday Mashup: Expansion Talk
2 weeks, 6 days ago on Thursday Mashup: Expansion Talk
@MaxwellHowe Partly a function of having two quality goaltenders in the NHL in their mid-20's. Makes the need for high-end goaltending prospects less pressing.
3 weeks, 3 days ago on Thursday Mashup: Expansion Talk
@Walter_White The former, but with the caveat that there is a true desire to push for Babcock and hiring Bylsma would have been counter-productive to the actual goal.
1 month ago on Maple Leafs hire Brandon Pridham as new assistant GM
@Mitch_S2 The deadline for oversheets has passed.
1 month ago on Maple Leafs sign William Nylander to three-year entry level contract
@MaxwellHowe I know how their insurance for non-hockey related injury works, but as far as liability insurance goes, I'm not at all sure. My gut tells me that the team has to take this out for its contractors.
@Burtonboy @ingy56 @MaxwellHowe Dammit it cut off part of my response, but I think it still provides the answer.
@Burtonboy @ingy56 @MaxwellHowe So for simplicity let's say the trial awards Moore his $100 as damages and finds that the NHL and Vancouver were indeed 33% liable each, meaning each has to pay up $33 to Moore, who ends up with a total of $81 for having settled because Bertuzzi capped his liability by settling pre-trial for $15.
@Burtonboy @ingy56 @MaxwellHowe
Let's say that Bertuzzi settles with Moore for $15 - the parties enter into what is known as a Pierringer agreement (after an old US case) and Moore lets Bertuzzi out and agrees that he will now only pursue the remaining $85 against the NHL and the Canucks so that they won't come after Bertuzzi for any indemnification for the amount he should have kicked in.
@Burtonboy @ingy56 @MaxwellHowe Let's answer this by constructing a hypothetical.
Imagine Moore's claim was for $100 dollars, and he was seeking the $100 from a combination of Bertuzzi, the Canucks and the National Hockey League. Now suing Bertuzzi is necessary in order to get at the Canucks as Bertuzzi's employer (which is called vicarious liability). In torts you'll generally see the court perform an allocation of liability on a percentage basis. So let's say that Moore wins and astoundingly the NHL, Vancouver and Bertuzzi are each found 33% liable, meaning they each of $33 to Moore for a total of $100.
@MaxwellHowe I for one was always a fan of Kaberle, especially pre-Jansen. Imagine him feeding Dion on the PP? McCabe in his heyday all over again.
@Walter_White @Elliot Saccucci I do appreciate that he is ranked ahead of Kane - I've oft-contended that they're essentially the same type of player but that Kessel does it all by his lonesome and is a touch more impactful on his own.
1 month, 1 week ago on Friday Mashup: The Swarm & Coaching Duties
Kessel ranked 3rd best RW in EA Sports' play ratings for 2015 - thoughts?
@TheCanucksnaphook @Yaknowwhat I've been suggesting to people in the know that MLHS needs credentials since my second year of law school. Evidently I'm not that influential.
1 month, 2 weeks ago on Tuesday Mashup: Catching up
@maple1967leafs @LeafsGuru Untrue, Holland is for real.
1 month, 3 weeks ago on Friday Mashup: We’re Gonna Need a Montage
@Alec Brownscombe @Burtonboy Spot on, Alec.
1 month, 3 weeks ago on James Reimer Signs for 2 years, $2.3 million per season
1 month, 3 weeks ago on (Thursday Mashup) David Booth: Another low-risk option with upside potential
Great work - as always - AP. I can't keep up!
1 month, 4 weeks ago on MLHS in conversation with Dave Morrison – Part 1
@CanuckUKinToronto @Elliot Saccucci @TheCanucksnaphook Rather an involved answer, happy to have that conversation offline.
2 months ago on The pros and cons of trading Cody Franson
@Groundhogday @-Keon Kid just ran the Sault Ste. Marie team for three seasons, technically speaking he has more actual GM experience than either of his departed predecessors, just not at the NHL level. But I don't think it's any secret that the Sault team is still a big operation.
Don't doubt him due to his age.
@CanuckUKinToronto @Elliot Saccucci @TheCanucksnaphook The sports area is a greenfield area for our firm, all new business.
@TheCanucksnaphook @Elliot Saccucci Believe me, I do. My princess' got one of Melnyk's former thoroughbreds named, you guessed it, Elliot.
He's not fond of his namesake.
@TheCanucksnaphook @Elliot Saccucci Says the man married to a princess who spends his days at the course...
28 year old assistant GM... Ugh, back to the drawing board for this 1986'er.
@TheCanucksnaphook @Elliot Saccucci I am literally reading the dictionary before I go to bed in order to harness new ways of hurling scathing comments at you. #smartsmack
@TheCanucksnaphook @Elliot Saccucci Respect. I would expect nothing less.
Here's your daily dose of shameless optimism. The Leafs, playing cohesive hockey, and with clean outlets thanks to defensemen playing their proper side, will qualify for the playoffs having grabbed the first wildcard slot this season.
Remember that I said this in July.
@DeclanK Good find, Declan.
2 months ago on Cody Franson Signs with Toronto Maple Leafs for 1 year, $3.3m
For those thinking of Josh Bailey in a Leafs jersey, consider that he scored eight (8) goals in 77 games last year from the wing. Dearly departed Paul Ranger scored six (6) in 53 from the blue line... Surely there are better uses for $3.3 million, including using it on Cody Franson.
@ingy56 @DeclanK Yes.
@mcloki @MaxwellHowe Taken to its logical conclusion, you REALLY dislike lawyer agents.
2 months ago on Weekend Mashup: $2.2 million apart
@TheCanucksnaphook @Elliot Saccucci Haha - I know! I don't even get to see if I was close - although at 3.6 I wasn't looking too far off.
@LeafsGuru @Elliot Saccucci Agreed
Next year he gets paid.
@Dewy Keon Hogturd @Elliot Saccucci Absolutely true, aside from experience in conducting yourself in a hearing, not really a true requirement for legal background.
@CanuckUKinToronto @Elliot Saccucci You are correct and I suspect that this brief was prepared for the University of Toronto Law School's amazing sports arbitration competition (so jealous about that as an Ozzy). Anyway the program is taught by top notch experienced faculty who've been on the ground doing this stuff. So even if my guess is right, this is very much what you'd expect to see.
@TheCanucksnaphook @Elliot Saccucci Often times a joint effort between team and league. Flipside is the player and NHLPA work jointly.
For anyone interested in seeing what a Club's submissions to an arbitrator looks like, including what statistics the club puts forward and how the comparisons are worked in, take a look at Quincey arbitration materials here: http://www.law.utoronto.ca/utfl_file/count/users/rossi/Team%2014-%20Kyle%20Quincey%20Club%20Brief.pdf
@rustynail @Elliot Saccucci Thanks, Rusty!
2 months ago on The Cody Franson Arbitration: What is he Worth?
@rustynail @wiski @dlb Mad @Loric76 Except in this case because by virtue of Franson's age only a 1 year deal can be awarded.
@dlb Mad @Elliot Saccucci these numbers are coming from Eliotte Friedman, who's got the scoop on the numbers submitted by the Club and Franson.
So Gerry Johansson points to the Quincey contract at approximately $4.2 million, exactly what I would do if I were him.
@Burtonboy @Elliot Saccucci @Mcost61 It can ONLY be a 1 year deal for both given their age. Not to steal the thunder from my article later, but both will be UFA's following the 1 year arbitration award.
2 months ago on Friday Mashup: 3 Unknowns Remain; Gord Dineen TSN1050 Interview
@mcloki @Elliot Saccucci @Burtonboy @Mcost61 I support this initiative.
@Burtonboy @Elliot Saccucci @Mcost61 I suspect that is the case, and it makes sense since you've opted to use your right of first refusal and thereby denied the player movement to another team, whereas in arbitration the player has simply opted to settle their salary and you can either choose to accept it, or if it runs up against the limit (excess of 3.5 million now), you can just walk away.
@Sexyhairyman Winnipeg and Montreal are pretty solid too; nice two way centres and solid goaltending. P.S. I'd have put Bernier in over Luongo for Montreal.
@Burtonboy @Elliot Saccucci @Mcost61 I've done a rather extensive search of the CBA (read exhaustive) and there is no restriction on trading a player whose contract was awarded through Article 12 arbitration. I can't think of any instances of it happening off the top of my head, but there is no collectively bargained reason why it couldn't.
@Mcost61 @Burtonboy Seems to me that someone we know said something almost identical to that...
@wendelsway1 @Elliot Saccucci @Burtonboy @Cameron19 No problem!
2 months, 1 week ago on Monday Mashup: The Dog Days are Here
@Burtonboy @Cameron19 There is no restriction in the CBA on trading the player. That only applies when matching an offer sheet on a Group 2 RFA. Still, teams would prefer to negotiate their own multi-year deal rather than get a guy post arbitration.