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compelling case th
in Diamondcraft - Registration Mon Dec 09, 2019 4:14 amby yyys123 • 1.785 Posts
Minneapolis, MN (SportsNetwork.com) - Kobe Bryant has scored more points in the NBA than Michael Jordan. The Los Angeles Lakers guard passed the Chicago Bulls legend for third place on the NBAs all-time scoring list on Sunday. Bryant entered the game against Minnesota needing nine points to overtake Jordan and got there on a pair of foul shots in the second quarter. He knocked down a 3 from the left corner to move within two points of passing him, then had a turnaround jumper rattle out on the next possession after backing a defender down. Bryant was fouled on his next trip down the court and hit both free throws with 5:24 remaining in the first half. The game was stopped for a couple of minutes while players from both teams congratulated Bryant and he was given the game ball. Jordan scored 32,292 points in 1,072 career games for the Bulls and Washington Wizards, averaging 30.1 per game. Bryant needed 197 more games, passing Jordan in his 1,269th outing and during his 19th season for the Lakers. Only Kareem Abdul-Jabbar (38,387) and Karl Malone (36,928) have scored more. J.J. Hardy Jersey . Canada was placed in one of the easiest groups during Saturdays live televised draw in Montreal. Mychal Givens Jersey . The midfielder had an operation on Saturday, and is set to miss seven Premier League games, the third round of the FA Cup and the semifinals of the League Cup. https://www.cheaporioles.com/1328i-luis-aparicio-jersey-orioles.html . Not to be outdone, Atletico Madrid bettered its title rivals by demolishing 10-man Getafe 7-0 with Diego Costa returning from injury to score with a brilliant bicycle kick. "It was an almost perfect night," Atletico coach Diego Simeone said. Austin Wynns Jersey . The Austrian ski federation said Morgenstern was "conscious and well responsive" and his condition would be monitored in the intensive care unit of a Salzburg hospital for the next 72 hours. The federation said it was "way too early" to judge Morgensterns chances of competing in Sochi, and that an update on his condition was not expected before Monday. Dwight Smith Jr. Jersey .com) - Ben Lovejoy tallied a goal and an assist as the Anaheim Ducks cruised into the All-Star break with a 6-3 victory against the Calgary Flames.Bruins forward Shawn Thornton will be appealing his 15-game suspension handed down by the National Hockey League. The NHL suspended Thornton for his attack on Penguins defenceman Brooks Orpik. After the whistle, Thornton skated the length of the ice, pulled Orpik to the ice from behind and punched him in the face several times. Orpik suffered a concussion and was taken to hospital. The Appeal Process As a first step, Thornton will appeal the suspension to Commissioner Gary Bettman. He hears all appeals on league discipline. Since the suspension exceeds five games, Bettman is required to have an in-person hearing for Thornton. Since Thornton was at the NHL office last week for his disciplinary hearing, he should know his way around by now. The Collective Bargaining Agreement (CBA) provides that "the Commissioner shall endeavor to hear all appeals on an expedited basis and will determine whether the decision" is supported by clear and convincing evidence. So Bettman will get this done quickly and will assess whether the suspension makes sense based on the circumstances. Thornton should expect to fail on appeal to Bettman. The suspension was handed down by the Director of Player Safety Brendan Shanahan. However, given the complex legal implications of this case, particularly in light of the concussion lawsuits, the suspension was very likely a group effort. So the suspension wasnt a Shanahan decision as much as it was a league decision issued through Shanahan. As a result, its unlikely Bettman will reduce the suspension. Frankly, reductions by Bettman are unlikely in most circumstances. He runs the league so he wont contradict himself. Indeed, the NHLPA has probably told Thornton the prospects of success are bleak. And this brings us to the next stage in the appeal process. Appeal Number 2 It doesnt end with Bettman. Since the suspension exceeds five games, the CBA gives Thornton the right to appeal Bettmans decision to an independent arbitrator. This wasnt around in the old CBA and is brand new, thanks to the NHLPAs negotiations during the lockout. Thornton will have seven days to appeal Bettmans decision to the arbitrator (who is described as a "Neutral Discipline Arbitrator" in the CBA). There will once again be an in-person hearing, and while the CBA doesnt say when it must occur, the arbitrator needss to hear it on an "expedited basis".dddddddddddd. So again, relatively quickly. The arbitrator will consider the length of the suspension and whether its appropriate. That determination will be made by examining things like the incident, the leagues past practice, the evidence and the surrounding circumstances. The arbitrator has broad powers. The CBA gives the arbitrator "full remedial authority", which means he can reduce the suspension, leave it as is, or even increase it. Its unlikely, though, the suspension would ever be increased. If Thornton is unhappy with the decision of the arbitrator, his only recourse would be to challenge the ruling in court. However, a judge will not interfere with the arbitrators decision unless its completely outrageous. Effectively, then, you should consider the arbitrators decision final. To be clear, Thornton doesnt have to appeal Bettmans ruling to the arbitrator. If he wants, after the Commissioner rules on his case, he can decide to stop the appeal process and serve out what is left of his suspension. As I wrote here, Thorntons prospects of success on appeal are low, given the NHLs past practice when it comes to these types of incidents. As well, the NHL may be able to make a compelling case that this type of suspension represents an important deterrent for on-ice behaviour that puts players at risk for concussions and the irreversible brain damage that may flow from head shots. However, merits aside, I also noted that we could still see an appeal. Since independent arbitrators are new, the NHLPA may want to start building precedents to help guide them in future cases. As well, the NHLPA needs to show that it wont roll over when it comes to defending its players and that it is prepared to dig in and fight. So while this case does not present a high likelihood of success for Thornton, the NHLPA sees value in taking a stand. And as it should. As for Brooks Orpik, he may not be too happy with the NHLPA defending his attacker. Still, the NHLPA may draw the fine distinction that the appeal is not adverse to Orpik, but rather adverse to the NHL and its decision. So the Union isnt technically acting against one of its own, but instead acting on behalf of one of its own. That is a distinction that may not sit well with Orpik. However, thats the nature of the NHLPA beast. ' ' '
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