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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. Frank Brian 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. Custom Atlanta Hawks Jerseys .C. -- The Carolina Hurricanes have activated defenceman Joni Pitkanen from injured reserve. Atlanta Hawks Store . Hernandez (3-0) struck out 11 and shut down Oakland for the second time in a week, becoming the first Mariners pitcher to win three times in the first nine games of a season. With the usual "Kings Court" for Hernandez home starts expanded to a "Supreme Court" encompassing the entire stadium with yellow shirts and "K" cards, Hernandez gave up four hits in the 28th double-digit strikeout game of his career. https://www.cheaphawks.com/334r-cliff-levingston-jersey-hawks.html . Trailing 4-1 in the final set, Sharapova steadied her erratic service game and took command again to beat the 56th-ranked American 6-1, 4-6, 6-4 on clay at the Magic Box tennis centre. The ninth-ranked Russian looked to be cruising before McHale broke late in the second set to tie the match and then took her commanding lead in the final set after breaking Sharapova.The Montreal Canadiens are going to the Eastern Conference Final and the Los Angeles Kings force a Game Seven; Scott Cullen has notes on Daniel Briere, Dale Weise, Nathan Beaulieu, Carey Price, Trevor Lewis, Jake Muzzin, Ryan Getzlaf and more. HABS HEADED TO CONFERENCE FINAL The Montreal Canadiens scored early in Game Seven, built a lead and protected it well on their way to a 3-1 series-clinching win over the Boston Bruins. While this game or series isnt necessarily a referendum on the value of fourth lines, the Canadiens certainly benefitted from production lower down their forward depth chart. In Game Seven, the scoring was opened by Dale Weise, who has been a nice surprise for the Canadiens, contributing three goals and five points in 11 playoff games. The last goal of the game came from Daniel Briere, and while it was a power play goal, Briere did centre the fourth line (with Weise and Brandon Prust) and his two-point effort in Game Seven left Briere with six points in 10 playoff games. With two points in Game Seven, Briere moves past Sidney Crosby for fifth place among active playoff scorers. No Canadiens forwards have averaged less time on ice in this postseason than Briere and Wiese, but their contributions cant be ignored. Canadiens RW Brendan Gallagher had two assists in Game Seven, giving him nine points in the postseason, tied with Lars Eller for most points among Montreal forwards. Another depth player that made a useful contribution for Montreal was rookie D Nathan Beaulieu, the rookie who replaced Douglas Murray in the lineup and while he hasnt played much, hes been effective. In Games Six and Seven, Beaulieu had two assists and was on for 63.8% of the 5-on-5 shot attempts when he was on the ice. Michel Therrien thinks Murray is hard to play against? Beaulieus harder. The supporting cast was valuable for the Habs, but so too was their franchise goaltender. Carey Price stopped 219 of 234 shots he faced in the series (.936 SV%), outdueling his Boston counterpart, Tuukka Rask, who stopped 177 of 196 shots (.903 SV%). Its not as though Rask let in glaring bad goals -- Brieres goal in Game Seven was banked in off Zdeno Charas skate -- but Price stopped more pucks and, in a series this close, that made the difference. While RW Jarome Iginla scored Bostons only goal, that didnt erase the trouble that Bostons first line experienced in the postseason. David Krejci, who far-and-away, had more playoff points than anyone in the past three postseasons, finished this years playoffs with no goals and four assists in a dozen games. LW Milan Lucic had points in the first three games of the series against Montreal, but was held off the scoresheet in the last four games, registering two shots on goal, total, in the final three games. Iginla did lead the Bruins with five goals in the playoffs, but seven points in a dozen playoff games is hardly earth-shattering production. Such is the nature of an upset in the playoffs, though. The lower-seeded Canadiens got better goaltendingg, some unexpected production from players on the low-end of the depth chart and that was enough to overcome a Bruins team that held a consistent territorial edge throughout the seven games. Brandon Goodwin Jersey. This may result in some changes for the Bruins, but not likely anything drastic. They had the best record in the league this season and, while improvements are needed, they will be contenders again next year. As for the Canadiens, they are in their second Eastern Conference Final since 1993, when they last won the Stanley Cup. That season, the Canadiens had a fortunate path once the New York Islanders eliminated the Cup-favourite Pittsburgh Penguins. This time, the Habs bounced the top seed and take on a New York Rangers team that may be favoured, but not by much, making for what should be a competitive series. KINGS AND DUCKS GOING SEVEN With their season the line, the Los Angeles Kings locked down against the Anaheim Ducks, taking a 2-1 decision in Game Six to force a seventh game in the Freeway Series. While the final shot count in the game barely favoured the Kings, 23-22, they dominated at score close, with nearly two-thirds of the 5-on-5 shot attempts and not one Kings player was on the ice for less than 50% of the 5-on-5 shot attempts. The winning goal in Game Six was scored by Kings RW Trevor Lewis. Soft as it may have been (a wrist shot from the top of the circles), Lewis now has four goals in 13 playoff games after scoring six goals in 73 regular season games. In the past four games, Lewis has been on the ice for 65.4% of the shot attempts when hes on the ice at 5-on-5. More contribution from unexpected sources. Los Angeles first goal came from D Jake Muzzin, his third of the playoffs and Game Six was the second straight game in which he played more than 25 minutes in regulation. In the past three games, Muzzin has been on the ice for 74 of 108 (68.5%) of shot attempts at 5-on-5. It wasnt all unheralded performers getting the job done for the Kings, though. C Anze Kopitar had an assist, to give him a playoff-leading 17 points. On the other side, Game Six was the first game in the series in which Ducks C Ryan Getzlaf didnt register a point; it was also the first time in the playoffs that Getzlaf didnt register a shot on goal. That probably means some credit is due to the Kings defence tandem that matched up against Getzlaf, so, take a bow, Jeff Schultz and Slava Voynov. Schultz, who spent the entire season in the AHL, isnt exactly driving play, but has been on the ice for more than 55% of the shot attempts at 5-on-5 in five games since being inserted into the lineup. Lewis questionable goal aside, its not as though the Kings found a great secret to beating Ducks G John Gibson, who has still stopped 86 of 92 shots (.935 SV%) in three games against the Kings but, with the Kings season on the line, two goals was enough to force Game Seven. Scott Cullen can be reached at Scott.Cullen@bellmedia.ca and followed on Twitter at http://twitter.com/tsnscottcullen. For more, check out TSN Fantasy on Facebook. ' ' '