Kukla's Korner Hockey
by Paul on 12/23/12 at 11:50 AM ET
from TSN Legal Analyst Eric Macramalla,
The players have voted overwhelmingly - 706-22 - to give the NHLPA the power of dissolution by way of a disclaimer of interest.
We've come to a bit of a crossroads. The NHLPA must now decide what it wants to do next. There are options, but with each option comes risk.
What's the NHLPA's first option?
Dissolve and sue. The NHLPA could file a disclaimer of interest and dissolve the union. Once dissolved, the players could file an antitrust lawsuit requesting a court to declare the lockout unlawful, while also seeking compensation for lost wages. Since antitrust law provides for something called 'treble damages', which means triple damages, the players could get billions of dollars in compensation if this ever went to trial. Here's the math – the combined salaries of about 700 players (which is about a billion dollars) multiplied by 3.
That's a lot of money - and it's precisely that threat of antitrust litigation together with potentially catastrophic monetary damages that gains the players leverage in CBA talks.
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Paul Kukla founded Kukla’s Korner in 2005 and the site has since become the must-read site on the ‘net for all the latest happenings around the NHL.
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