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Posted
  On 8/3/2021 at 7:49 PM, pi2000 said:

Where is this fusion story coming from?   Friedmann?   

We haven't heard KA or Jack's agents say they only approved fusion surgery.

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If The Surgery was approved it’d be done by now. They’ve only approved the fusion.

  On 8/3/2021 at 7:53 PM, postseasonblues said:

It sounds like there is a disconnect.

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😂 

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Posted
  On 8/3/2021 at 7:59 PM, Hoss said:

If The Surgery was approved it’d be done by now. They’ve only approved the fusion.

😂

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Approve the replacement that he wants done, show he is 100% healthy, trade him for value and put the risk of long term injury on anther team.

 

Maybe they need to ask for future 1st to be conditional on games played by Eichel?

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Posted
  On 8/3/2021 at 7:24 PM, Zamboni said:

Someone needs to ask a very well versed lawyer on what the Sabres can and can not do. If Eichel disregards his contractual obligation he signed.

My ignorant guess, is the Sabres can legally fully void his (remaining) contract the day after a player has a surgery without the teams full consent/agreement. They don’t need to “wait and see if the surgery was successful” in order to void the contract.

 

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But wouldn’t they want to wait? So a trade could be worked out if he is ll better?

Posted
  On 8/3/2021 at 3:48 PM, GASabresIUFAN said:

Time for KA to say Jack is off the market.  He should say that we are committed to get Jack healthy and back on the ice to help our young team.

If I were KA I’d tell Jack’s agent that his public comments are the reason he was taken off the market and that if he wants Jack traded he needs to waive the NMC and he’ll allow Jack to have surgery.  Once Jack returns and proves he is healthy, then and only then will KA consider a trade.  

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The only issue with this idea is that I don't think the Sabres want to take on the liability of allowing John to have surgery, or at least the surgery that he wants.

Posted
  On 8/3/2021 at 8:52 PM, HoosierDaddy said:

In the one from today he takes a full windup  slapper and makes a head fake deke in a shoot out attempt.

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Did John-John's Butt call anyone a big fat can o' Bahstan Bea-uhns from the bench?

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Posted
  On 8/3/2021 at 8:36 PM, bob_sauve28 said:

But wouldn’t they want to wait? So a trade could be worked out if he is ll better?

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That's my point; I only set is a hypothetical, but if he gets "his" surgery, the contract becomes voidable ... the question turns to how much time does the team have should the surgery go wrong? Inaction (not immediately terminating the contract after material breach) is often viewed as action (it was a breach, however the team failed to act in "x" amount of time, and it's viewed as permission or barred by some contractual timeline).  

I don't know if the Sabres can have their cake and eat it too.

Saying this, I fully expect news to break we acquired Kaapo Kakko and a conditional 3rd for Eichel (Retaining 20% of his Cap) in the coming weeks.  (shoot me).

 

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Posted
  On 8/3/2021 at 7:24 PM, Shmuffalo said:

Right, I wonder how much is their self-interest damage control, I doubt John's too happy 

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All of it is in their self-interest. That said, it’s in their interest to keep Jack happy. So, their interests align, but they probably couldn’t care less what happens to Jack’s neck as long as they get paid. 

Posted
  On 8/3/2021 at 8:20 PM, Crusader1969 said:

Approve the replacement that he wants done, show he is 100% healthy, trade him for value and put the risk of long term injury on anther team.

 

Maybe they need to ask for future 1st to be conditional on games played by Eichel?

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The problem is that I don’t think it works like that.  They are still possibly financially liable. If Eichel gets the surgery, recovers, is traded, and then 2 years from now has some catastrophic occurrence as a result of the artificial disk, could he sue the Sabres for approving this surgery that’s never been performed on an NHL player before?

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Posted
  On 8/3/2021 at 9:07 PM, kas23 said:

All of it is in their self-interest. That said, it’s in their interest to keep Jack happy. So, their interests align, but they probably couldn’t care less what happens to Jack’s neck as long as they get paid. 

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Right, I just meant Eichel damage control - He's likely pissed his agents let this drag out, or convinced him to sign an 8 year deal vs. bridge, or because he got the silver AMG rather than black....so they're deflecting blame on Buffalo (right or wrong).

 

I have a headache. Im done.

Posted
  On 8/3/2021 at 7:28 PM, Shmuffalo said:

You misunderstood me, once he goes against the Sabres directive with the surgery, the contract (by all accounts, unless it's the worst written player contract) becomes voidable.  However, to preserve an asset, I only posed the question, can the Sabres do a "wait and see approach."

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But that the key thing. If Jack goes and gets his surgery, his contract may get voided. He gets the surgery he wants, plus he gets to be a free agent. I assume he would no longer be a Sabres asset if his contract is voided.
 

Or, let’s even say the surgery is a complete success. He’ll get to show he can still play (in “6 weeks” as they say) and he’ll still get to bitch and moan about getting traded. So, the big question becomes, what exactly is stopping him? The threat of the small chance he’ll lose $50M? Is it his agent? If so, can can ***** right now and quit his crying. 

Posted
  On 8/3/2021 at 9:10 PM, Curt said:

The problem is that I don’t think it works like that.  They are still possibly financially liable. If Eichel gets the surgery, recovers, is traded, and then 2 years from now has some catastrophic occurrence as a result of the artificial disk, could he sue the Sabres for approving this surgery that’s never been performed on an NHL player before?

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Easy, make him sign a waiver.

Posted (edited)
  On 8/3/2021 at 10:07 PM, bob_sauve28 said:

Say he just goes and does it. It totally screws him up and he never plays again. Would the Sabres sue him for loss of assets? Maybe that’s what he is afraid of. 

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Many moving legal parts.  The easiest solution is an insurance policy on the contract, and a waiver of liability for the Sabres by Jack.  What is allowed under the CBA and the cost of the policy are other issues. Also the Sabres may already have an injury policy on Jack and it might be voided if the team approves an experimental procedure.  
 

Jack’s agent is trying to force the Sabres hand.  KA should tell to @&#% off and say Jack has a contract and he’s a Sabres until the deal ends unless he is willing to work with us to do what’s best for both parties 

Edited by GASabresIUFAN
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Posted
  On 8/3/2021 at 10:15 PM, GASabresIUFAN said:

Many moving legal parts.  The easiest solution is an insurance policy on the contract, and a waiver of liability for the Sabres by Jack.  What is allowed under the CBA and the cost of the policy are other issues. Also the Sabres may already have an injury policy on Jack and it might be voided if the team approves an experimental procedure.  
 

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My guess is that whoever is insuring Jack’s contract isn’t going to look kindly at him ignoring team doctors and having his own surgery. Insurance policies are just that. Things you need to have to protect you against unforeseen circumstances, which this would not be. 

Posted
  On 8/3/2021 at 10:26 PM, Weave said:

Lots of legal experts chiming in but none of the actual attorney's on this board have spoken up.  Hmmmm....

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True. But there are attorneys who know the precise language and nuance of this situation or ones very similar.

And then there are ones who have no knowledge of this kind of scenario.

and then there are those who act like they know, but are just guessing like the rest of us knuckle draggers 😂

Posted
  On 8/3/2021 at 10:32 PM, kas23 said:

My guess is that whoever is insuring Jack’s contract isn’t going to look kindly at him ignoring team doctors and having his own surgery. Insurance policies are just that. Things you need to have to protect you against unforeseen circumstances, which this would not be. 

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Lol, so many different pressure points with all that money! 

Posted
  On 8/3/2021 at 6:16 PM, The Jokeman said:

It's likely Jack gets moved out of town for less than market value and we'll all lament out how bad Adams handled this thing and cry for his head and remain a bottom dwelling team unless find away to draft and develop quality guys again or make some serious trades to improve us.

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I don't think after publicly stating that "they are in control of the process and if they can't find value for Jack that wont make a trade" that they will go and just take anything. This is headed for a game of chicken, who is going to crack first? Jack/Other GM's/Nobody? We're about to find out. If GMKA holds true to this I think we have the right leader on board. 

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Posted
  On 8/3/2021 at 10:26 PM, Weave said:

Lots of legal experts chiming in but none of the actual attorney's on this board have spoken up.  Hmmmm....

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@nfreeman did have his 2 cents back about 12, or 15, pages, but nothing very legal mumbo jumbo ish.

It was mostly pertaining to the wording in the press release by John's agent.

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