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In preserving Bruins forward Shawn Thorntons 15 game suspension on appeal, Commissioner Gary Bettman concluded that the attack o

in Announcements Tue Oct 10, 2017 7:02 am
by jokergreen0220 | 735 Posts

In preserving Bruins forward Shawn Thorntons 15 game suspension on appeal, Commissioner Gary Bettman concluded that the attack on Penguins defenceman Brooks Orpik was "a bad act with a bad result, and neither will be tolerated in our game. Eric Fisher Jersey ." Bettman very clearly confirms that protecting the brains of players is of paramount importance, and decisive action will be taken to discourage excessive and unnecessary force that may result in irreversible brain damage. Thornton will now have seven days to appeal Bettmans decision to an independent arbitrator. This is brand new under the CBA and has never been done. So if we do see an appeal, we will break new ground (and/or ice). The Hearing: Who Was There? The hearing was held at the law firm Proskauer Rose LLP. Thats the firm that acted for the NHL during the lockout. Very good law firm. Apart from Thornton appearing at the hearing, his agent Anton Thun, NHLPA representatives Roman Stoykewych, David Sinclair and Maria Dennis, and Boston General Manager Peter Chiarelli were all in attendance. Thun and Chiarelli were called by the Union to testify. On the NHL side were members of the League office, including Deputy Commissioner Bill Daly, David Zimmerman, Julie Grand and Brendan Shanahan (who was called to testify), as well as Joseph Baumgarten from Proskauer Rose. While Thornton has an agent, the NHLPA handles the hearing. The agent can help with arguments, but ultimately the Union is in charge of the appeal and does the talking. NHLPA: What They Argued The NHLPA did not dispute that a suspension was warranted, but rather argued that the suspension was too long. So the NHLPA focused on length and not whether a wrong was committed. In fact, at the hearing, the NHLPA and Thornton acknowledged that the act was "quite serious", "harmful", and resulted in "significant" injury. Bettman writes that the NHLPA was aiming for a suspension closer to 10 to 12 games. In doing so, the Union relied on the leagues past practice for similar incidents, Thorntons clean record and the act lacking premeditation. Overall, the NHLPA argued that the "punishment was excessive." Bettman Disagrees In preserving the length of the suspension, Bettman relied heavily on the intentional nature of the act together with its "highly dangerous nature" and the "extent of the injury." As per the NHL CBA, the league considers a number of factors when determining the length of a suspension, including the following: (1) the excessive and unnecessary nature of the act, (2) the injury sustained, (3) whether the player has a rap sheet or is a repeat offender, and (4) the circumstances of the game. The league can also consider any other relevant surrounding circumstances. Bettman ruled that Thornton engaged in intentionally excessive force. He skated the length of the ice, slew footed Orpik, dragged him to the ice from behind and punched him multiple times in the face. Orpik, Bettman writes, "never had a chance to fairly confront his opponent, much less an opportunity to defend himself." As well, Orpiks injury was also key in maintaining the suspension. Bettman noted that there was still no "definitive date for his return" and that there is "uncertainty as to his future condition." Bettman also ruled that the act constituted "retribution" for Orpik declining Thorntons invitation to fight after Orpiks hit on Louis Eriksson. For the Commissioner, that also supported upholding the suspension. The fact that Thornton had no prior history of suspensions was recognized by Bettman. Indeed, the Commissioner expressed that it was "certainly possible" to argue for a more "severe punishment." So it looks like Thorntons clean record may have resulted in a shorter suspension. Bettman also relied on one more key factor: the human brain. It is recognized that players may suffer irreversible brain damage as a result of blows to the head. Consequently, the league must take active and decisive steps to safeguard the brains of its players. That includes imposing punishments that are designed to strongly discourage behavior that threatens the long-term health of its players. The league would argue that failing to firmly discipline players puts all players at risk. Hockey is an inherently dangerous sport and that will never change. Still, contact that is not part of the game will be scrutinized. Indeed, the 200 plus NFL concussion lawsuits, the NHL class action concussion lawsuit and the Derek Boogaard lawsuit weighed heavily on the decision making process. The league simply cannot be seen as soft on brain damage with this mass of litigation gathering around sports. So the legal side of this case was inescapably important. Some have argued that the nature of Thorntons act just doesnt match up with past lengthy suspensions because Thornton used his glove to punish Orpik rather than his stick or skate. This type of argument is a red herring and ignores the bigger issue at play: its not how the harm is delivered but rather what harm is inflicted. Times have changed and penalties must be aligned with evolving sensibilities. Indeed, Bettman wrote in his Decision that a player "who today blatantly flouts the rules in a manner that causes a head injury can and should expect to be severely disciplined." Why So Long For Bettman Decision? Thorntons hearing was on December 20. So it took 4 days for the Commissioner to issue his decision. In part, a reason for the delay was that the NHL wanted to get the decision just right given the possibility the case could be appealed to an independent arbitrator. The NHL wanted to make sure, in part, that its reasons were well-reasoned, considered and thoughtful. So Whats The Takeway? The extent of the harm delivered together with the weight of the concussion lawsuits and evolving sensibilities conspired to preserve Thorntons suspension. Bettmans decision was not only predictable, but it was also prudent and ultimately correct. And for these reasons, and as I wrote here, Thorntons chances of success on appeal to an independent arbitrator are bleak. Len Dawson Jersey . The Miami Heat star tops the leagues global list of top-selling jerseys for the 2012-13 season, edging Derrick Rose of the Chicago Bulls, Kobe Bryant of the Los Angeles Lakers, Kevin Durant of the Oklahoma City Thunder and James Heat teammate Dwyane Wade for the No. Justin Houston Jersey . CEO Steve Koonin on Tuesday told the Hawks flagship radio station that he made the decision to discipline Ferry but allowed him to keep his job managing the team. He did not say what the punishment was, but noted that he relied on a law firms three-month investigation of Ferry and him describing Deng as someone who has a little African in him. http://www.prochiefsauthentic.com/Youth-Albert-Wilson-Elite-Jersey/ . Perhaps their first trip to the city of Winnipeg in 16 years can serve as the shakeup they need.ATLANTA (5-9) at NEW ORLEANS (6-8)Sunday, 1 p.m. ET, FoxOPENING LINE — Saints by 6 1/2RECORD VS. SPREAD —Atlanta 7-7, New Orleans 6-8SERIES RECORD — Falcons lead 47-43LAST MEETING — Falcons beat Saints 37-34, OT, Sept. 7, 2014LAST WEEK — Falcons lost to Steelers 27-20; Saints beat Bears 31-15AP PRO32 RANKING — Falcons No. 24, Saints No. 20FALCONS OFFENSE — OVERALL (7), RUSH (24), PASS (5)FALCONS Defence — OVERALL (32), RUSH (20), PASS (32)SAINTS OFFENSE — OVERALL (2), RUSH (9), PASS (3)SAINTS Defence — OVERALL (31), RUSH (29), PASS (26T)STREAKS, STATS AND NOTES — Falcons must win to avoid elimination from NFC South. ... Atlanta is 4-13 vs. New Orleans since 2006, when Sean Payton became Saints coach and Drew Brees became Saints QB. ... Game features top two passing offences in NFC with Saints passing for 301.8 yards per game and Falcons passing for 286.1. ... Falcons QB Matt Ryan completed 31 of 43 (72.1 per cent) for 448 yards with three TDs vs. no INTS in Week 1 victory over Saints. ... WR Julio Jones had seven catches for 116 yards receiving in last meeeting. Marcus Peters Jersey. ... In his past two games, Jones has 21 catches for 448 yards and two TDs, but did not play last week because of hip injury. ... CB Robert McClain had INT in last meeting. ... S Kemal Ishmael leads team with four INTs. . Saints have lost four straight at home. ... QB Drew Brees has won seven of eight starts at home vs. Atlanta. ... Last week, Brees completed 29 of 36 passes (80.6 per cent) for 375 yards with three TDs vs. no INTs. ... Brees has 4,358 yards passing, marking his NFL-record ninth consecutive 4,000-yard season. ... RB Mark Ingram had TD last week and needs 131 yards rushing for first career 1,000-yard season. ... RB Pierre Thomas had five catches for 83 yards last week. ... . TE Josh Hill had two TDs last week. ... WR Kenny Stills is second on team with 781 yards receiving, behind only TE Jimmy Graham, who has 782. . LB Junior Galette has 15 sacks in past 18 games, including two sacks and forced fumble last week. ... 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