Foegele clearly and intentionally stuck his knee out to make contact with Luostarinen. I could accept that he wasn't trying to injure Eetu, but he was definitely trying to make contact with him with his knee.
There are 3 degrees of penalties for Kneeing in the NHL Rule book (the below is pulled from the NHL Rule Book, Rule 50 (Kneeing)
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Kneeing - Kneeing is the act of a player leading with his knee and in some cases extending his leg outwards to make contact with his opponent.
Minor - The Referee, at his discretion, may assess a minor penalty, based on the severity of the infraction, to a player guilty of kneeing an opponent.
Major - The Referee, at his discretion, may assess a major penalty, based on the severity of the infraction, to a player guilty of kneeing an opponent
Match - The Referee, at his discretion, may assess a match penalty if, in his judgment, the player attempted to or deliberately injured his opponent by kneeing.
Game Misconduct Penalty - When a player has been assessed a major penalty for kneeing he shall also be assessed a Game Misconduct.
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There is no possible way Foegele didn't deserve a penalty for kneeing. That was a textbook example of the penalty. For the record, Foegele was not assessed a Match penalty for kneeing, he was given a major for kneeing. That technically means the referees didn't decide that Foegele was intentionally trying to injure Luostarinen. The Major penalty doesn't require intent to injure.
Pound sand Oilers fans, that was 100% kneeing and the officials got that call 100% right. They are lucky as heck that the NHL is not going to suspend Leon Draisaitl for his jumping elbow to Barkov's jaw. THAT play should have been a major for elbowing, a game misconduct and should be punished by a suspension.