Quote:
Originally Posted by JackIsBack
In the law... even if you're on the right side of a lawsuit, you have the responsibility (expectation) to mitigate your losses, and if you don't, than that loss is yours if the judge or jury (or in this case - the arbitrator) deem that you could have mitigated them. Kane getting a contract in Edmonton was him doing just that - and that releases San Jose from those losses. Now... there could be punitive damages added on, but those are separate from Kane's losses from them terminating the contract.
So the league following the law is not an absolute joke.... are we expecting that San Jose somehow be on the hook for a greater amount than they are legally responsible for... they signed Kane to 7 million, and Kane is worth 5.125 million according to the market and is getting paid that - they should have to make that difference up on their cap space (because they overpaid him from his market value), but they could have also retained that same amount and trade Kane to Edmonton and we should be in the exact same situation. So I think it's fair. I think last year Kane was suspended and Edmonton paid a prorated amount equal to 7 million (not sure it that's right - I suspect) - and San Jose should be on the hook for any difference (timing included) to Kane and any dollar amount exceeding the cap that year should be added to this year (I think there was none)... I do think Kane had to wait a period of time between when his suspension ended and his Edmonton contract started and if that 2,108,696 didn't cover those losses, San Jose needs to cover that and any other expense Kane suffered from San Jose cancelling his contract (expenses dealing with getting the contract in Edmonton for example - flights, etc.)- and I'm assuming his suspension was WITHOUT pay, because if it was with pay, San Jose needs to cover that suspension period as well.
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Here simply is why I don't like it:
1. The Sharks got out of his contract last season, even with this settlement, and face no penalty for the cap saved. The Oilers then got to sign him for league minimum. This settlement is to address the next three seasons.
2. Under the original contract, Kane's cap hit was $21 million total for the next three seasons. However, his actual salary is only $19 million. The cap penalty for the Sharks is only based on the difference in actual cash to be paid between his new and original contract, not what his cap hit would have been. That's not cool.