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. Wholesale Fake Jerseys . The Tournament of Champions, which starts Friday, is his first event since a freak accident in Shanghai two months ago. Snedeker was on a Segway scooter during a corporate outing at Sheshan International when he took a tumble and injured his left knee. Fake Puma Jerseys . 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Fake NFL Jerseys . -- For one night, Nick Calathes provided a big reason to believe the Memphis Grizzlies might be able to withstand the loss of Mike Conley on a short-term basis.DENVER -- Charlie Blackmon homered among his three hits, Jorge De La Rosa pitched effectively for six innings and the Colorado Rockies beat the New York Mets 10-3 Friday night for their sixth win in seven games. Troy Tulowitzki added three hits and three RBIs, and Nolan Arenado extended the majors longest hitting streak to 22 games with a single in the seventh. The flashy third baseman, whose streak is tied for the third-longest in Rockies history, also made an eye-catching stop of Chris Youngs sharply hit grounder down the line in the eighth, finishing the play with an off-balance throw across the diamond. De La Rosa (3-3) allowed three runs and eight hits, including a two-run homer by Curtis Granderson in the sixth. The left-hander struck out four and walked three in winning his third straight since an 0-3 start. Zack Wheeler (1-3) allowed seven runs in four innings. It was both the shortest start of his big league career and the most runs hes allowed in an outing. Wheeler was in trouble from the outset, despite being staked to a 1-0 lead in the first. The Rockies got to him for four runs in the bottom half to move in front. The first five Colorado batters all reached via a hit or walk, with Tulowitzki and Wilin Rosario producing RBI singles and Justin Morneau hitting a run-scoring double. Corey Dickerson drove in the fourth run with a sacrifice fly. Colorado pushed its lead to 6-1 on Tulowitzkis two-run single in the secondd and made it 7-1 in the fourth on Blackmons RBI groundout.dddddddddddd Juan Lagares doubled to open the game, went to third on a single by Daniel Murphy and scored when a wild pitch by De La Rosa got past Rosario. NOTES: Commissioner Bud Selig, who announced this would be his final season as baseballs chief executive, attended the game as part of his farewell tour of major league parks. He was warmly received by the crowd when he was introduced over the public address system between innings. ... Lagares extended his hitting streak to 11 games, one shy of his career high. ... Before the game, the Rockies placed INF Josh Rutledge on the 15-day disabled list because of a viral infection and recalled INF Ryan Wheeler from Triple-A Colorado Springs. ... Rockies manager Walt Weiss said RHP Jhoulys Chacin (right shoulder strain) will be activated from the disabled list to start Sunday against the Mets. ... RHP Jenrry Mejia (3-0) is slated to start for New York on Saturday night against Rockies LHP Franklin Morales (3-1). ... Rockies slugger Carlos Gonzalez, who bruised his left index finger when he fouled off a pitch Thursday night, sat out but could be back in the lineup as soon as Saturday, according to Weiss. ... Granderson has scored at least one run in five straight games. ... Former Rockies third baseman Vinny Castilla, now a special assistant to the general manager, also had a 22-game hitting streak from Aug. 9 to Sept. 1, 1997. ' ' '