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Old 03-07-2016, 03:52 PM   #562
GioforPM
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Join Date: Oct 2014
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Quote:
Originally Posted by Resolute 14 View Post

We all knew Bettman would uphold the suspension, and yup, independence matters. That's why we have the independent arbitrator now But Bettman did not 'rubber stamp' the decision, as others claimed. He and the NHL's lawyers very carefully crafted a ruling designed to withstand not only the arbitrator, but also shields the league as best it can in the concussion lawsuits. That was a time intensive process. Likewise, the briefs from both sides leading into Bettman's hearing, and even more so leading into this hearing on both sides. Both the NHL and NHLPA are basically looking to create legal precedents.
That's really just a fancier rubber stamp, with an after-the-fact justification. Though, as I said above, judges craft their decisions with possible appeals in mind, to try to make them as appeal-proof as possible, that's really not supposed to be the way it's done.

As for the playing through an appeal, I agree the rule shouldn't be set by the extreme examples. Perhaps there should be a process by which a player can apply for a stay of the suspension pending the appeal, and if it's going to be more than a week or so (or some significant percentage of the suspension), the suspension should be stayed absent special circumstances.
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