Other European Transfer News

This is just idiotic.

http://www.yanks-abroad.com/content.php ... ws&id=2118

 

And somewhat similar to the Josh Wolff story above, MLS has rejected Celtic's bid for New England Revolution midfielder Shalrie Joseph. I have always though Joseph was a good player. I have wondered how he would do in Europe. I guess MLS does not want to know.

http://home.skysports.com/list.aspx?hli ... ked+by+MLS

 

Immigration is a bugger no matter where you go, but I have to think what the MLS is doing will be legally challenged. Not allowing individuals to market and sell their assets, themselves, competitively, is one of the most unconscionable limitations on business and freedoms imagineable.

 

I think Mido's efforts at Spurs over the last 18 months prove that he is NOT a clubhouse cancer and all of the negative crap he did earlier in his career is over. He is still only 22 or 23 and seemed to be a good fit last season with Spurs.

They need another striker with them being in the UEFA Cup to add to their depth in case of injuries. The big question I want to know is what will happen to Jermain Defoe? He seems to be the odd man out. I would kill for a player like Defoe to fall in Fulham's lap, but that will not happen. It will be sad to see him on the bench though more often than not. I think he is a real talent.

 

Re: RE: Other European Transfer News

Au contraire mon ami. It can be legally challenged. Whether it is successful is a whole other issue. I would be surprised if we don't see a challenge coming down the line if the MLS keeps it up.

 

RE: Re: RE: Other European Transfer News

When I use the terms "unconscionable", that is most likely what I would refer to in front of the judge or most likely arbritrator. I would love to see the actual agreement, but if a contract says my guy is not free to go play in an arguably superior league that not only does not compete with MSL, but also has a different season altogether, I am saying the MSL does not have to worry about that player competing against their interest. So therefore any non-competition agreement is not valid. Plus any offset for breach of contract or what they paid for my guys services, would be paid by the transfer fee (and probably then some).

That is just to begin with. If anyone has a copy of an MSL Agreement, I will gladly give you my email address.

 

RE: Re: RE: Other European Transfer News

Your faith in the establishment is somewhat jaw dropping.

Also, I think you have misstated unconscionability. The basic test is whether, in light of the general commercial background and needs of the particular parties, the clauses involved are so ONE-SIDED as to be unconscionable under the circumstances existing at the time the contract was formed.

Now, lots of room for wiggling there, which may or may not be good for both sides, so I would look to the contract first and fall back to unconscionability only after poking multiple holes in the contract itself.

 

RE: Re: RE: Other European Transfer News

I would love to stick it to the MSL. Perhaps I may get a chance one day. :twisted:

Not to belabor the point, but the basic test as stated in my previous post is exactly what someone would have to prove in court.

Anyway, I am sure you and I (especially I) have bored some people terribly with this conversation. But it always fun to get the synapsis firing in an entertaining direction versus what I actually do.

One thing I did do as a result of conversation, is look up recent court cases, in the U.S. and Europe, regarding this. While there is nothing on point, for those interested:

http://www.american.edu/TED/soccertrade.htm

and

http://www.ca1.uscourts.gov/cgi-bin/get ... 1-1296.01A

Interesting bathroom reading.

 

Yep, MLS and all its teams are a single entity. Court decided that was o.k., but as one of the professors pointed out, the argument can be made that the formation of this entity as such was to contravene anti-trust laws.

What's the saying, "a rose by any other name..."

The MLS and U.S. courts are not done with each other by a long shot.

 

The Wolff thing has nothing to do with MLS. The Jospeh thing on the other hand has me exploding.

This has got to change. Shalrie is not a young player and just over 500,000 pounds is an appropriate number for him. Unlike Dempsey he has never competed at a level higher in than MLS. Celtic made the right offer. For MLS to hold Shalrie back like this is very upsetting to me. He is a product of MLS, he has reached his peak in this league and is ready willing and capable of moving on to a higher level. Celtic is one of the bigger and more historic names in world soccer. As the article states Shalrie could be competing against Benefica and Manchester United now he's stuck with Columbus and Kansas City.

Normally I'm on the side of MLS but this has got me furious. MLS is holding the player back. For journeymen player like Shalrie Joseph this may be a once in a life time offer. MLS is shooting its self in the foot here big time. Not only is MLS turning down a good transfer fee, they are deterring young talents from signing with the league.

As for the legal argument, no offense PCB but I think your being a bit delusional here. The player is tied to the club until his contract has run its course. For a player to use legal action to force himself to be sold would be a first in soccer, would it not? Unhappy players all over the world would be doing this, it would be a mess. My opinion, if you sign a contract you must honor that contract.

For future reference its not the attacking of MLS management that gets me upset but the attacking of the players in the league and the quality of play of the league.

 

I agree Spencer, MLS needs to realize that they will never be the Premier League which is fine. They need to inspire to be a league like the Argentina, Brazil or at best the French.

 

No offense Spencer, but you have no idea what you are talking about. I don't mean that as a personal insult either. Get back to me after law school.

Nice dig at the French League dawson.