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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. Marquette King Broncos Jersey .com) - The Ottawa Senators will try to keep their slim playoff hopes alive when they face the Chicago Blackhawks who are trying to secure their place in the post-season. Courtland Sutton Broncos Jersey . Williams withdrawal came less than 24 hours after losing in the final Auckland WTA tournament final. "I dont believe she has an injury," Hobart tournament director Mark Handley said. http://www.authenticshopbroncos.com/broncos-case-keenum-navy-blue-jersey/ . Cruz set the tone with a two-run homer in the first inning, and Baltimore scored eight times in the eighth to pull away for a 12-3 victory in Game 1. The major league leader with 40 homers during the regular season, Cruz added an RBI single to his early blast off Max Scherzer. Isaac Yiadom Jersey . McCutchen was cut before the series opener against Seattle on Monday night, when Lewis was set for his first start for Texas since July 18, 2012. Texas selected Lewis contract from Triple-A Round Rock. DaeSean Hamilton Broncos Jersey . -- LeBron James warned the Orlando Magic to stop double-teaming him and ignoring James Jones.BERLIN -- Mario Goetze inspired Bayern Munich to a 4-1 win at Hamburger SV that left the home side relying on other results to stay in the Bundesligas relegation playoff place on Saturday. Goetze scored twice and created another for Thomas Mueller, with Bayern substitute Claudio Pizarro cancelling out Hakan Calhanoglus consolation. Bayern defender Jerome Boateng was sent off late for hitting out at Hamburg midfielder Kerem Demirbay. Eintracht Braunschweig conceded in injury time to lose 1-0 to Augsburg, and Nuremberg lost 2-0 to Hannover, meaning two points separate three relegation rivals going into the final round next weekend. "I can understand the fans disappointment," Nuremberg goalkeeper Raphael Schaefer said after his 250th league appearance for the club. Stuttgart was no longer in danger of the drop, despite losing 2-1 at home to Wolfsburg, with Vieirinha scoring the winner in injury time. "Wed rather have done it by ourselves but the important thing is that we keep playing in the Bundesliga," Stuttgart president Bernd Wahler said. Bayer Leverkusen consolidated fourth place with a 2-0 win at Eintracht Frankfurt. Gonzalo Castro and Emre Cans first-half goals put Leverkusen in pole position for the last Champions League qualification spot. "The goal was special," said Can, who grew up in Frankfurt. "For the Champions League we still need a win against (Werder) Bremen." Borussia Dortmund defeated Hoffenheim 3-2, third-place Schalke won 2-0 at Freiburg, Borussia Moenchengladbach beat Mainz 3-1, and Bremen captain Aaron Hunt marked his last home game for the side by scoring both goals in a 2-0 win over Hertha Berlin. "I couldnt have wished for better," Hunt said. Gladbach keeper Marc-Andre ter Stegen was unable to hold back the tears as he was thanked for his service to the club he joined as a four-year-old. The 22-year-old is expected to move to Barcelona. Bayern wwas hoping to make amends for its humiliating Champions League semifinal loss to Real Madrid, and Goetze made his case for a starting place against Dortmund in the German Cup final in two weeks.dddddddddddd Franck Ribery did not travel to Hamburg due to back problems. Mueller started up front rather than Mario Mandzukic, and Goetze took Riberys place on the left. Goetze played a one-two with Arjen Robben to open the scoring in the 32nd minute. Bayern went 2-0 up after a corner in the 55th, when Goetzes shot took a slight deflection from Mueller. The goal was awarded to the Bayern winger. Mueller returned the favour by crossing for Goetzes second with 20 minutes remaining, two minutes before Hakan Calhanoglu pulled one back. In the 75th, Pizarro scored with an overhead kick two minutes after he went on as a substitute. Hamburg is battling to avoid its first ever relegation after playing every season of the Bundesliga since the leagues formation in 1963. "The second goal was the turning point," Hamburg coach Mirko Slomka said. "Still, there were a lot of positive things to see. You can see the sheer will is there." There was some trouble among frustrated fans in the stands at halftime when police were forced to intervene. Braunschweig might have overtaken Hamburg but Augsburg keeper Marwin Hitz denied substitute Salim Khelifi in the 89th minute and Raul Bobadilla scored with a lob four minutes into injury time. Nuremberg got off to a bad start when Hannover midfielder Szabolcs Huszti scored in the fifth, and Manuel Schmiedebach made it 2-0 in the 51st. It was the 10th loss from 11 games for Nuremberg, which has been relegated seven times from the Bundesliga. There were no such worries for Dortmund, already assured of second place before beating Hoffenheim. Dortmund fans gave a warm send-off to Robert Lewandowski, who is joining Bayern next season, and Manuel Friedrich, who is retiring. 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