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. T.J. Leaf Jersey .Y. - His opponent couldnt stop him, and LeBron James didnt quite know what to think when his coach tried. Cheap Pacers Jerseys .Y. - Lou Williams scored 21 points and the Toronto Raptors beat New York 81-76 on Monday night in the Knicks preseason home opener. http://www.cheappacersjerseys.com/ . JOHNS, N. Reggie Miller Jersey . And though his comeback night didnt quite go to script, Bryant couldnt help reflecting on the work necessary to get back on that court -- and all the months of steady labour ahead to reclaim his game. Bryant had nine points and eight rebounds in his season debut, but Amir Johnson scored a career-high 32 points in the trade-depleted Toronto Raptors 106-94 victory over Los Angeles on Sunday night. Cheap Indiana Pacers Jerseys . Over the course of his career Glenn is 79-71-1 in 151 starts for a .526 career winning percentage. Since becoming a Stampeder, he has elevated his play and raised his stock around the league.MIAMI -- Defensive replacement Ed Lucas provided a boost with his bat, transforming the Miami Marlins extra-inning frustration into an 11th-inning celebration. Lucas single drove home the winning run from second base with one out in the 11th Tuesday night, and Miami beat the Philadelphia Phillies 5-4. The Marlins had lost their past three extra-inning games, each lasting at least 13 innings. They had been shut out for 15 consecutive extra-inning innings before Lucas hit, according to STATS. "After that kind of a streak, it starts to build and grate on you as a team, so it was nice to be able to finish one off," Lucas said. "Weve been so close in the past. We just havent been able to get the big hit when we needed to. So its good to be able to dump one in there and get us out of here for once." Miami broke a four-game losing streak, while the Phillies lost their fifth game in a row and dropped a season-worst 9 1/2 games out of the NL East lead. "It just seems like the games were close to, we just dont win them," said the Phils A.J. Burnett, who pitched six innings. "Weve been in spots to win a lot of ballgames." The Marlins extended another streak, winning their ninth consecutive game when Henderson Alvarez starts. That matched the longest such streak with a pitcher in franchise history. "We need to get him to pitch every day," manager Mike Redmond said. Alvarez allowed two runs in seven innings. Pinch hitter Jeff Baker singled to start the 11th against Justin De Fratus (2-1), then advanced on a sacrifice. He scored without a play on an opposite-field hit by Lucas, who was sent into the game in the eighth because of his defence. "Weve had several opportunities to get that big hit," Redmond said. "It has been a little bit elusive late in the game, and tonight Eddie got one. That was big." The Phillies overcame a 4-2 deficit in the eighth with back-to-back two-out homers by Marlon Byrd and Cody Asche off Kevin Gregg. Byrd clanked his 16th homer off the home-run sculpture, and two pitches later Asche pulled his fifth homer just inside the foul pole. After the homers, Miamis bullpen retired the final 10 Phillies batters. Bryaan Morris (6-0) pitched two innings.dddddddddddd "The offence has been inconsistent, sporadic, and it has made it tough on the starting pitcher that day trying to be perfect," manager Ryne Sandberg said. "The bullpen has stepped up and done its job putting zeroes late in the game, only to come short on the offensive side of things a lot of the times." The Marlins Giancarlo Stanton singled home a run to increase his RBI total to 61, which leads the NL. Casey McGehee singled and scored and has reached base in 25 consecutive games. Miami also scored on a strikeout against Burnett, who struck out 10 but allowed four runs, three earned. Alvarez was better, and even when he was on his backside, the Phillies had trouble reaching base. When Burnett broke his bat on a dribbler, Alvarez leaped to avoid the barrel and then crumpled in a heap on the mound. He watched from a supine position as third baseman McGehee threw Burnett out. Alvarez again fell fielding Cameron Rupps one-hopper in the seventh, and while sitting on the mound tossed to first for the out. "I was happy he didnt throw it from his back," Redmond said. "Im glad he at least sat up." The Marlins Steve Cishek also had a highlight-reel moment, reaching behind his back to snare another one-hopper by Rupp for an out in the ninth. NOTES: After the game, the Marlins placed RHP A.J. Ramos on the 15-day disabled list because of shoulder inflammation. ... Phillies LHP Cliff Lee (elbow) threw 60 pitches in three innings in a simulated game Tuesday and said he felt good. Hes expected to make one or two rehabilitation starts before rejoining the rotation, likely after the All-Star break. ... Phils C Carlos Ruiz (concussion) has yet to show much improvement. ... Three-time All-Star Grady Sizemore, who signed a minor league deal last week, might join the Phillies during their trip, Sandberg said. ... Marlins fan Jonathan Esponda, 8, whose gyrations in the stands became an Internet video sensation, threw out the first pitch and then danced with team mascot Billy the Marlin. ... LHP Cole Hamels (2-4, 2.84) is scheduled to start Wednesday for the Phillies against RHP Tom Koehler (5-6, 3.70). 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