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I wrote here, Thorntons chances of success on appe...

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I wrote here, Thorntons chances of success on appeal to an independent

Started by lili, 2016/01/03 07:55PM
Latest post: 2016/01/04 02:29AM, Views: 402, Posts: 2
I wrote here, Thorntons chances of success on appeal to an independent
#1   2016/01/03 07:55PM
lili
FORT MYERS, Fla. -- The Red Sox had a big lead in last years opener at Yankee Stadium. Still, Dustin Pedroia slid headfirst trying to beat out his grounder. Bad decision, especially with Boston ahead 8-2 in the ninth inning. The win-at-all-costs second baseman tore a ligament in his left thumb, then missed just two games the rest of the season. "It was the most impressive thing I watched all year. The thumb was totally black," third-base and infield coach Brian Butterfield said Monday. "He didnt want anybody to know about it." So its not surprising that Pedroia downplayed how much it bothered him. "A little bit, but its fine now," he said. "Its fixed up, man. Its good. Its good to go." Pedroia had surgery to repair his torn ulnar collateral ligament 14 days after the Red Sox won the World Series in Game 6 against St. Louis. He wore a cast for about a month. Then he worked on regaining his strength. And on Monday he took batting practice three days before the first official full-squad workout. His attitude, typically, is upbeat. "The rehab was great," Pedroia said. "I feel healthy and theres no setbacks, no restrictions or anything." The Red Sox won their second title in four years in 2007 and Pedroia was named AL rookie of the year. In 2008, he was the leagues MVP, but the Red Sox lost the AL championship series despite leading 1-0 in Game 7 through three innings against Tampa Bay. "That was a huge letdown," Pedroia said. "You dont want that feeling." He tried to keep that from happening last year when the Red Sox were in first place through the first 34 games. He was hitting .311 at that point and wasnt about to take time off because of his thumb with so much at stake. Pedroia did even better in the next 10 games. He went 18 for 40 to raise his average to .343. "The first month and a half he hit with one hand and he played with one hand," Butterfield said, "but he never even blinked. Hes so impressive in so many ways and he showed unbelievable toughness." His average never dropped below .291 for the season and he ended at .301 while leading the AL with 724 plate appearances. He tied for second in the AL in hits and was second in the league in fielding percentage among second basemen. The only games he took off were on June 16 and in the regular-season finale Sept. 29. The Red Sox lost both. Pedroias injury reduced his power and he hit just nine homers, the fewest since he had eight in his rookie season. But he compensated by taking shorter swings and hitting more to the opposite field. "We had half of him, but he fought through it and he still was a highly productive player," Butterfield said. "He just kept playing and kept grinding and didnt flinch once. He never complained and just tried to find every way he could to make his game the most comfortable because I know early on he was playing with a lot of pain." Not that Pedroia would admit it. "You just figure it out," he said. "You just try to get hits, man. Thats it." With the Red Sox not re-signing shortstop Stephen Drew, Pedroia has a new double-play partner in rookie Xander Bogaerts. Pedroia knows hell find a way to make that work, too. "We all take ground balls a lot," he said. "Bogeys going to be fine. (Butterfield) will make sure that everybodys on the same page in the infield and our defence. We know what were doing." Healthy or not, Pedroia showed that he certainly does. And Butterfield still raves about that. "I get chill bumps when I start talking about him," Butterfield said. "He does anything that he can to try to win a game. Hes as tough as they come." NOTES: Manager John Farrell said Grady Sizemore will be used in left and centre field during spring training. The former Cleveland Indian missed the past two seasons with knee and back problems. Jackie Bradley Jr. is getting the first shot at replacing Jacoby Ellsbury, now with the New York Yankees, in centre field. Daniel Nava and Jonny Gomes are back after sharing left field last year. ... LHP Jon Lester said it would be "great" if he could get a contract extension in spring training but hes focusing on preparing for the season. The club picked up his $13 million option for 2014. Tyler Lockett Jersey . From filmmaker Nanette Burstein (On the Ropes), The Price of Gold revisits the saga that rocked the figure skating world ahead of the 1994 Lillehammer Olympic Winter Games: the assault on Nancy Kerrigan, and the plot that led its way back to her rival Tonya Harding. Shaun Alexander Jersey . He was followed closely by David Clarkson, donning red, seconds later. Clarksons actions one night earlier, leaping off the bench in defence of Kessel during a pre-season game against the Buffalo Sabres, will cost him the first 10 games of the regular season. http://ww... . Luis Suarezs double powered Liverpool to a 4-0 victory over Fulham, and Southampton easily overcame Hull 4-1 to continue the south coast clubs impressive start to the season. Liverpool and Southampton sent Chelsea down to fourth place as the west London club was held to 2-2 at home. [url=http://www.nflseahawksfans.com/super-bowl-50-shaun-alexander-jersey/]Shaun Alexander Super Bowl Jersey . How great will be revealed in the next couple of days at the board of governors meeting in Pebble Beach, Calif. Bryce Brown Jersey . Anthony Calvillo, through 20 CFL seasons, was frequently invincible and largely stoic in the heat of competition. But underneath the professional exterior he was, and is, compellingly human.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..dddddddddddd" 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, ancd as I wrote here, Thorntons chances of success on appeal to an independent arbitrator are bleak. cheap nfl jerseys cheap jerseys cheap jerseys cheap jerseys cheap nfl jerseys wholesale jerseys ' ' '


Re: I wrote here, Thorntons chances of success on appeal to an indepen...
#2   2016/01/04 02:29AM
joeychen
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