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The quests continue

Russians seek revenge, Stars seek spark and more

Posted: Thursday November 16, 2006 2:24PM; Updated: Saturday November 18, 2006 12:30AM
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Center Andrei Taratukhin, a Flames prospect, can breathe easier now that a U.S. judge has ruled in favor of Evgeni Malkin.
Center Andrei Taratukhin, a Flames prospect, can breathe easier now that a U.S. judge has ruled in favor of Evgeni Malkin.
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You can't take anything for granted with the courts these days. If they were predictable, O.J. Simpson would be spending this week doing hard time, not a two-part TV special.

Still, Wednesday's U.S. District Court decision to allow Evgeni Malkin to continue playing for the Penguins as the legal wrangle over his contractual status unfolds was as close to a lock as there could be.

Judge Loretta A. Preska's ruling not only means Malkin's quest for the Calder Trophy is very likely to go uninterrupted, but that Calgary prospect Andrei Taratukhin and Edmonton farmhand Alexei Mikhnov may continue playing in North America as well.

Whether they will be allowed to play out the season is still not certain as the heart of this battle has yet to be contested. Russian Super League team Metallurg Magnitogorsk's claim that Malkin has a contract with them is valid. When (and if) that claim goes to the court, the Russians could again ask for injunctive relief. Yet, the odds of that happening -- let alone being successful -- are not high.

Magnitogorsk's biggest concern won't be sidelining Malkin, but getting their day before a judge. While they don't expect to return home with the phenom, they're hoping for a significantly larger slice of cake than the $200,000 they'd have coming to them under the IIHF transfer agreement. Based on the documents I've read, and the impact of Judge Preska's ruling yesterday, I'm betting that the Russians will go home empty-handed.

Honestly, I feel for them. I've written about where I stand on this subject: the NHL pays sweatshop prices for its European labor, and these teams have every right to feel like they're being undercompensated when elite players like Malkin jump ship. But that's the way the system works under a transfer agreement that's been signed by every country except Russia.

Standing alone against the tide may be morally laudable, but it doesn't leave the Russians with very sure footing. They can ask for all they want, but they won't get it. Certainly not in an American court, and certainly not from the largesse of an NHL that is loathe to establish any precedent outside the transfer agreement.

Where this could get really interesting is the impact it will have on upcoming classes of Russian stars. There's no one on the horizon with the potential impact of a Malkin or Alexander Ovechkin, but with solid prospects like goalie Semen Varlamov (Capitals), defenseman Yuri Alexandrov (Bruins) and winger  Nikolai Kulemin (Maple Leafs) setting their sights on North America, you can be sure the Russians will learn a lesson from this and play their hand differently.

First, they'll have to tuck their tails between their legs and sign the transfer agreement. There's really no way around it. If a player is intent on leaving Russia to join the NHL, as Malkin was, he'll find a way. Better to get something in return -- even an insulting sum like $200,000 -- than nothing.

Second, you can count on the loophole in Russian labor law that enabled Malkin's escape to be closed up tight. Currently, any employee in that country -- even a hockey player -- is allowed to break a contract as long as he gives two weeks notice. Look for a special exemption for athletes to be written into that legislation before next summer.

There's nothing that galls Russians more than losing to Americans. When it comes to hockey players, they won't make the same mistakes again.

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