[News] Bettman upholds 20 game Wideman suspension. NHLPA files appeal to neutral arbitrator

[KootenayFlamesFan]

So tonight is Game 20, no?

If there is any proof the appeals process in the NHL needs to be changed, the Widenan case is it. Craziness.

[PeteMoss]

I don't see a ton of tie in between Wideman's case and the concussion lawsuit with former players. That lawsuit is about former players not being advised of the potential effects of repeated concussions and head trauma.

The plaintiffs generally allege that the NHL failed to warn its players of the short and long-term effects of repeated concussions and head trauma, failed to adequately care for its players after they received such injuries, and promoted and glorified unreasonable and unnecessary violence leading to head trauma.

Wideman's case has nothing to do with that.

What they may be worried about is a future precedent where you can basically get away with anything if you claim you are concussed while you do it.

[Resolute 14]

^Those players and the profit seeking lawyers behind them are arguing the NHL has been negligent in how it deals with players and head injuries. That Wideman continued to participate is a very bad thing for the league if the NHLPA successfully argues their point.

As it is, that both Wideman and Henderson continued to participate is bad for the league's arguments anyway. An NHLPA win just makes it worse.

[DeluxeMoustache]

Originally Posted by PeteMoss

I don't see a ton of tie in between Wideman's case and the concussion lawsuit with former players. That lawsuit is about former players not being advised of the potential effects of repeated concussions and head trauma.



Wideman's case has nothing to do with that.

What they may be worried about is a future precedent where you can basically get away with anything if you claim you are concussed while you do it.

It absolutely is relevant to the class action suit. It has to do with reasonably foreseeable risks and the implications for their negligence with Wideman even today can be big

The NHL has a process to deal with concussions. Part of this includes a spotter, and the protocol, etc.

If the NHL admits that Wideman was concussed, and they failed to detect it and let him play, and harm came to someone as a result, then what conclusion do you draw?

Why do you think they were so aggressive in discrediting the doctor who was brought to give an opinion on whether Wideman was concussed?

[Oling_Roachinen]

Actually they conceded that Wideman was concussed seemingly easily.

One potential reasons would be that they could say the spotter identified he was potentially concussed essentially validating their spotter plan. Then they can go ahead and argue that it was Wideman saying he was fine (and the Flames for not forcing him off the ice) that messed up the system deflecting blame.

[The Fonz]

There must be something going on behind the scenes here that we're not aware of. I don't believe this process could take this long.

[Resolute 14]

Originally Posted by Oling_Roachinen

Actually they conceded that Wideman was concussed seemingly easily.

One potential reasons would be that they could say the spotter identified he was potentially concussed essentially validating their spotter plan. Then they can go ahead and argue that it was Wideman saying he was fine (and the Flames for not forcing him off the ice) that messed up the system deflecting blame.

The argument is one of competence. The NHL is arguing that, despite being concussed, Wideman was competent enough to both know what he was doing when he hit Hinderson, and to tell the team trainer he was fine enough to continue. i.e.: He knew what he was risking, and he chose to take that risk anyway. Therefore, Wideman was completely responsible for his own decisions and his own actions.

The NHLPA, of course, is arguing that his medical state basically made him too incompetent to make those decisions, and therefore he is not responsible for his actions against Henderson. But the extension of that argument as it relates to the concussion lawsuit is that the league then failed to properly remove Wideman from the game and treat his injury. That cuts right to the heart of the lawsuits.

[DeluxeMoustache]

Originally Posted by Oling_Roachinen

Actually they conceded that Wideman was concussed seemingly easily.

One potential reasons would be that they could say the spotter identified he was potentially concussed essentially validating their spotter plan. Then they can go ahead and argue that it was Wideman saying he was fine (and the Flames for not forcing him off the ice) that messed up the system deflecting blame.

Actually?

No, they made the doctor who was brought in to give an expert opinion concede that he didn't assess Wideman directly so he could not conclude that he was concussed.

[Frequitude]

So what would happen if it were overturned after 19-20 games? Would he just get all that money back?

[sureLoss]

Dan Rosen @drosennhl
Bettman does say re. Wideman "this dragged out for a whole host of reasons which may not have been necessary.

[Oling_Roachinen]

Originally Posted by DeluxeMoustache

Actually?

No, they made the doctor who was brought in to give an expert opinion concede that he didn't assess Wideman directly so he could not conclude that he was concussed.

No. They accepted he had a concussion. They argued the effects of concussions demonstrated and argued by the experts.

https://www.nhl.com/news/dennis-wide...ed/c-278258934
They accept he has a concussion at 1:40 of the video.

The absolute last thing Bettman and friends were going to do were play doctor and argue against Wideman being concussed (even if they didn't believe it), especially when their own spotter is saying he is demonstrating concussion like symptoms during the game. Instead they argued the 'extent' of concussion.

[MarkGio]

Originally Posted by Oling_Roachinen

No. They accepted he had a concussion. They argued the effects of concussions demonstrated and argued by the experts.

https://www.nhl.com/news/dennis-wide...ed/c-278258934
They accept he has a concussion at 1:40 of the video.

The absolute last thing Bettman and friends were going to do were play doctor and argue against Wideman being concussed (even if they didn't believe it), especially when their own spotter is saying he is demonstrating concussion like symptoms during the game. Instead they argued the 'extent' of concussion.

Which is funny because arguing the extent is also playing doctor.

[Sakic19]

Burke just spoke to my sports law class and got the call regarding the Wideman situation. News should break soon

[Lanny_McDonald]

Can the arbitrator tack on another 15 games?

[TheScorpion]

Originally Posted by Sakic19

Burke just spoke to my sports law class and got the call regarding the Wideman situation. News should break soon

What was his general mood?

[Sakic19]

He stuck around for a couple more stories/questions, but he's a hard guy to read so I can't be sure one way or another

[Buff]

Originally Posted by TheScorpion

What was his general mood?

Probably the same as always. Gruff and grumpy. Even when he's happy he's grumpy.

[sureLoss]

Arbitrator probably called Burke to tell him no decision until Burke does up his tie.

Wideman in limbo forever.

[FanIn80]

Originally Posted by Buff

...he's happiest when he's grumpy.

fyp

[Lanny'sDaMan]

Nick Kypreos ‏@RealKyper 6s6 seconds ago
Hearing #Flames Wideman had his #NHL suspension reduced by 10 games by neutral arbitrator James Oldham today. @SNHockeyCentral


SO now what do the Flames do?