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Originally Posted by Oling_Roachinen
Ah what?
First the NHL had to rule on the case which would absolutely set precedent. This can not be debated, it's fact. What they ruled, to a degree, was that Wideman was still liable for his actions regardless of the potential effects the concussion may have had on him (or maybe more aptly ruled that there was no evidence to prove that Wideman was affected by the potential behavioural effects of a concussion).
Of course that should take time. It's far from an easy decision. They are afterall, to a degree, arguing against concussion experts. Again, anyone who wants to answer that underlined question, be my guest.
This was before the arbitrator enters the equation and the argument doesn't change once it has. The NHL had to be careful whichever way they went with this decision because of ramifications from future incidents, the concussion lawsuit, the officials union and the NHLPA itself.
Now, whether or not the arbitrators decision would set precedent, the fact it has taken so long shows that the NHL was not unreasonable in their approach. At least not to a degree that people have been crying about. It's a very contentious argument that does have both medicine, evidence and logic backing both sides. It's far from an easy decision, this is no longer "oops, sorry I was looking down and didn't see him" that I feel a vast majority of posters still believe it is.
I would argue that if the NHLPA successful argues that Wideman was not liable for his actions because he was concussed to the arbitrator, that would absolutely set precedent. Why would the NHL think they could argue differently next time an incident like this comes up when the NHLPA will have the same experts to argue the exact same thing to a neutral arbitrator?
Again though, really besides the point. The NHL took so long because it would set precedent and would have major consequences if they ruled differently. The third party doesn't change that, it just gives the NHLPA one more option to argue their case.
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I'm not suggesting the NHLs original punishment or Gary Bettman's review wasnt legally important. Of course they were, hence why it took so long.
I'm just saying the arbitrator is not influenced by the NHLs legal concerns surrounding concussions. The guy doesn't work for the league or has a care in the world as to what happens to the NHL