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| of winter,” adds Stuart Back, Interim CE |
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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." 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. Brett Hundley Packers Jersey . The CFL club announced Thursday that Willis was arrested Sunday with one count of driving under the influence in Atlanta. T.J. Lang Youth Jersey . -- The Oakland Raiders are tarping off about 10,000 seats at the Coliseum to reduce capacity to approximately 53,250 next season. http://www.packerssportsonline.com/packers-damarious-randall -jersey/ .J. Upton, Casey Kotchman and Evan Longoria each drove in two runs, as the Tampa Bay Rays defeated the Houston Astros, 7-2, in the middle portion of a three-game interleague series. Eddie Lacy Packers Jersey . Players leave every night in darkness and resume matches the next morning when its almost as dark. T.J. Lang Packers Jersey . -- The Golden State Warriors have always been able to score.TORONTO (July 9, 2014) – TSN confirmed today that beautiful Banff, Alta. will again play host to the networks annual All-Star Curling Skins Game – a fan-favourite curling event. The Fenlands Banff Recreation Centre, located in Banff National Park and surrounded by the Canadian Rockies, will house TSNs annual curling skins game on January 16-18, 2015. “We are thrilled to welcome back TSN and the curling all-stars to the Town of Banff and The Fenlands,” said Karen Sorensen, Mayor, Town of Banff. “The high calibre of players and the excitement of the skins tournament make it a highlight of our winter festival. Were greatly looking forward to the 2015 event and the announcement of this years participants.” “We warmly welcome the return of elite-level curling to Banff National Park as a special addition to our SnowDays Festival, an annual celebration of Banffs historic love of winter,” adds Stuart Back, Interim CEO, Banff Lake Louise Tourism. “As a world-renowned destination for winter sportts, Banff is a natural fit to again be the home of the All-Star Curling Skins Game and were proud to be the host of TSNs all-star event for the second year running.dddddddddddd” “We are delighted to be returning to the Town of Banff and The Fenlands Banff Recreation Centre. The reception our all-star curlers received last year from The Town of Banff, the entire Bow Valley region, and curling fans across the country was extraordinary,” said Ian Charlton, Managing Director, TSN Events. “World elite curlers and this premier winter wonderland destination are the perfect pairing. Were excited to raise the bar yet again in 2015 and deliver a few new wrinkles and surprises for curling fans across the country.” Earlier this year, two-time world champion Jeff Stoughton and his all-star teammates defeated five-time TSN skins champion Kevin Martin to take home $70,500 in prize winnings at TSNs two-day all-star event that featured the Top 16 Canadian mens curlers, as voted by fans. cheap jerseys wholesale jerseys wholesale jerseys cheap nfl jerseys wholesale jerseys Mamadou Tounkara Jersey ' ' '
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