Alex Formenton files 20.5 million dollar lawsuit

[PepsiFree]

Originally Posted by The Cobra

I am curious, where does the $46,000 number come from?

I also expect this be longer than a 2-3 day trial. Most are. That’s on top of discoveries etc.

Do you actually think every lawsuit like this goes to trial?

Come on now.

[Aarongavey]

Originally Posted by The Cobra

I am curious, where does the $46,000 number come from?

I also expect this be longer than a 2-3 day trial. Most are. That’s on top of discoveries etc.

I picked 46K out of thin air. When there are bull#### nuisances suits like this against legitimate businesses you want it to go away. When I practiced I always liked Rule 49, send it over, let opposing counsel know what you think of the case and let them know you will give them a few pennies to #### off. No need to go to high on a Rule 49 offer, especially if your client is willing to fight and you have a good chance to win.

This trial would have maybe 5 people to discover and put on the stand, doubt it would take that long.

[GioforPM]

Formal Offers to Settle are overdone.

This suit probably won't even be in the agent's hands. I suspect he has an insurer.

[Aarongavey]

Originally Posted by GioforPM

Formal Offers to Settle are overdone.

This suit probably won't even be in the agent's hands. I suspect he has an insurer.

He probably does have an insurer. He runs a huge agency and has one disgruntled former client who is facing jail time. Still always liked the #### you aspect of a formal offer.

[The Cobra]

Originally Posted by Aarongavey

He probably does have an insurer. He runs a huge agency and has one disgruntled former client who is facing jail time. Still always liked the #### you aspect of a formal offer.

Yet they are seldom used.

[GioforPM]

Originally Posted by The Cobra

Yet they are seldom used.

I use them all the time, but it’s not an FU. Just a standard costs hedge. And they rarely get accepted and you settle later at a different number.

[IamNotKenKing]

Originally Posted by GioforPM

I use them all the time, but it’s not an FU. Just a standard costs hedge. And they rarely get accepted and you settle later at a different number.

Me too.

I’d say at least half the time I serve a formal offer or a Calderbank offer.

(And Cobra, legal fees are almost never in the millions…).

[The Cobra]

Originally Posted by IamNotKenKing

Me too.

I’d say at least half the time I serve a formal offer or a Calderbank offer.

(And Cobra, legal fees are almost never in the millions…).

I am obviously used to very large lawsuits. And I do realize that very few ever go to trial, its just too expensive. I assume this will get settled, which basically shows it has some merit.

[IamNotKenKing]

Originally Posted by The Cobra

I am obviously used to very large lawsuits. And I do realize that very few ever go to trial, its just too expensive. I assume this will get settled, which basically shows it has some merit.

I am unaware why this is “obvious”.

[Locke]

I do not envy the Judge that gets this one. Unless its Judge Dredd. Then they should televise it.

[PepsiFree]

Originally Posted by The Cobra

I am obviously used to very large lawsuits. And I do realize that very few ever go to trial, its just too expensive. I assume this will get settled, which basically shows it has some merit.

Merit means very little, and it being settled really wouldn’t tell us much of anything outside of the fact that it’s worth something just to make it go away and that your assumption this would require weeks of evidence and testimony is wrong.

[GioforPM]

Originally Posted by PepsiFree

Merit means very little, and it being settled really wouldn’t tell us much of anything outside of the fact that it’s worth something just to make it go away and that your assumption this would require weeks of evidence and testimony is wrong.

There would be a fair bit of documentary discovery and a couple expert witnesses and their reports (on the standard of care of an agent). The facts would likely be uncontested.

[GullFoss]

My guess of $ 21m is based on formenton signing a QO and the next year signing long term, say 5 years x 4m per year. The lack of getting deal done with the sens for one year will have caused formenton the loss of a show me contract, which in turn negated his ability to earn the big money.

Is there a scenario when the Sens called him a rapist in communications with agent and said "we're not signing him and also we're not trading him" and the agents basically left it and didn't tell formenton. In that scenario, the Sens and NHL and all the other teams who signed the alleged gang rapists are culpable for something and that's my conspiracy theory of where this is going.

It's super weird formenton didn't get signed to more than his QO....something happened behind the scenes or maybe his agents were negligent.

[sureLoss]

https://www.tsn.ca/nhl/alex-formento...orts-1.2277175

Former Ottawa Senators forward Alex Formenton has asked a judge to set aside an arbitration decision that dismisses his claims of negligence, breach of contract, and breach of fiduciary duty against player agency Newport Sports Management Inc. and Wade Arnott, his former agent.

Formenton’s attorney, Jason Squire of the Toronto law firm Lerners LLP, filed a notice of application making the request on Feb. 10 in Ontario Superior Court in Toronto, roughly a month after arbitrator James A. Gross dismissed Formenton’s claims as limitations barred on Jan. 13.

While Newport and Arnott have argued the National Hockey League Players’ Association's internal arbitration process should be honoured, Formenton has argued that the public courts are the proper venue for the dispute because Newport and Arnott were negotiating on behalf of Formenton after their contract with him had expired – meaning the NHLPA's regulations are moot.

An Ontario Superior Court judge is scheduled to hold a hearing on Jan. 22, 2026, to hear arguments on Newport and Arnott’s request to stay the $20.5-million lawsuit Formenton has filed against them.

[cam_wmh]

Am I understanding this as Formenton wants to leverage this in the Public Record vs being sealed within the NHL/NHLPA?

[sureLoss]

Originally Posted by cam_wmh

Am I understanding this as Formenton wants to leverage this in the Public Record vs being sealed within the NHL/NHLPA?

From what I understand no.

It appears the contract between Formenton and his agent had a no litigation clause. Where if there was an issue between the two parties, it would be handled by arbitration rather than court.

Further to that NHLPA regulations state that a player has 6 months to file an issue on their agent. (whether 6 months is fair to the player is another issue)

So the arbitrator ruled against Formenton, saying that he missed the 6 month window to bring this up.

Formenton is now asking a judge to set aside the aribitration ruling.

[Shazam]

Principal-agent problem in action.