Post-Game Talk: The Assassination of Don Henderson by the Coward Dennis Wideman

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Calculon

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28. The final phase of Dennis Wideman’s suspension process, a hearing before an independent arbitrator, will be heard in the next 24-48 hours.

Both he NHL and the NHLPA have the opportunity to present new evidence and new witnesses, and both sides have been building to this point. So far, the NHL has rejected one of the union’s key strategies, that Wideman’s injury meant he didn’t deserve any suspension at all. (The league has made it very clear it does not believe this was a concussion.)

It will be interesting to see if the NHLPA continues in this vein. The way the CBA is written, if the arbitrator agrees the commissioner had “substantial evidence” to hand down a 20-game suspension, Gary Bettman’s ruling won’t be overturned. One lawyer said he would argue for a lower suspension, maybe 10 games, than zero. It might be easier to argue for a lesser punishment than none at all, and Wideman might get some money back. We’ll see if that’s what they try.

Remember, the NHLPA decides on appeals more than the individual player does. It’s their call on whether or not they can win, and have been eager to challenge this ruling from the beginning. We’re also going to see if anyone else is the owner of potentially embarrassing text messages.

The league and players also need to shorten the hearing and appeals process. It’s ridiculous.

29. Another angle to this story: will Don Henderson, the linesman involved, work another NHL game? He’ll be 48 in September, and reportedly is dealing with a concussion from the collision.

Henderson is not one of the officials expected to retire this season, but it’s been discussed before.
Elliotte Friedman's 30 Thoughts
 
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Bosnian Beast

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So at this point I'm resigned to Wideman sitting out all 20 games, and am more curious about what happens after the appeal. If that is the case and the arbitrator rules in his/the NHLPA's favour, what does it exactly accomplish? As far as I am aware, all that happens is the appeal goes their way, but nothing more. Would Wideman recoup any salary? What are some other potential repercussions of an appeal that goes against the NHL's decision?
 

Lunatik

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Oct 12, 2012
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So at this point I'm resigned to Wideman sitting out all 20 games, and am more curious about what happens after the appeal. If that is the case and the arbitrator rules in his/the NHLPA's favour, what does it exactly accomplish? As far as I am aware, all that happens is the appeal goes their way, but nothing more. Would Wideman recoup any salary? What are some other potential repercussions of an appeal that goes against the NHL's decision?
he'd get money back, but thats it
 

Bosnian Beast

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Makes sense, thanks. I thought there might be more to come out of it in terms of incidents like this or the treatment of such a situation, alluding to what Friedman had said about the process being too long.
 

Anglesmith

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Part of half a million bucks USD is worth putting up a fight for.

In CAD, it's part of like 800 grand they're fighting for. Definitely worth it.

I wonder if the Flames organization might take legal action against the league for not acting in good faith through the appeal process. If they feel that the league intentionally delayed the process in order to make sure his original suspension was served no matter what, that might be a grievance.
 

Lunatik

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In CAD, it's part of like 800 grand they're fighting for. Definitely worth it.

I wonder if the Flames organization might take legal action against the league for not acting in good faith through the appeal process. If they feel that the league intentionally delayed the process in order to make sure his original suspension was served no matter what, that might be a grievance.
I think the Flames could file a complaint of some sort seeking compensation. Don't think they would go the legal route though, however if by some miracle the arbitrator rescinds the suspension completely we could see Wideman go after alot of people for defamation and seek damages for the damage being done to his reputation.
 

Anglesmith

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I think the Flames could file a complaint of some sort seeking compensation. Don't think they would go the legal route though, however if by some miracle the arbitrator rescinds the suspension completely we could see Wideman go after alot of people for defamation and seek damages for the damage being done to his reputation.

He could also make a documentary to milk it for even more money.
 

Unlimited Chequing

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Jan 29, 2009
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In a case where a player is facing discipline and previous infractions are taken into consideration when deciding the punishment, is there some sort of "official record" the NHL refers to?

Let's say, hypothetically, the arbitrator rules in favour of Wideman and absolves him of any wrong doing even though he missed ~20 games. Fast forward a couple years and he's caught giving a player an illegal check to the head and he's facing discipline. When deciding the punishment, does he have a clean record up until that point or do officials take into consideration "that ref incident in 2016"?
 

Anglesmith

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In a case where a player is facing discipline and previous infractions are taken into consideration when deciding the punishment, is there some sort of "official record" the NHL refers to?

Let's say, hypothetically, the arbitrator rules in favour of Wideman and absolves him of any wrong doing even though he missed ~20 games. Fast forward a couple years and he's caught giving a player an illegal check to the head and he's facing discipline. When deciding the punishment, does he have a clean record up until that point or do officials take into consideration "that ref incident in 2016"?

Even if this suspension isn't rescinded, I don't think this suspension would have any bearing on Player Safety decisions down the road. This incident is unrelated to the DoPS.
 

moon*

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In CAD, it's part of like 800 grand they're fighting for. Definitely worth it.

I wonder if the Flames organization might take legal action against the league for not acting in good faith through the appeal process. If they feel that the league intentionally delayed the process in order to make sure his original suspension was served no matter what, that might be a grievance.

They would have to have a lot more than a feeling that the league took extra long in order to ensure that Wideman had to sit out longer.

Especially considering they would be suing their "partners" in the league.

Hard to imagine they could have close to enough evidence to prove that the league did anything wrong, let alone prove that they had any damages from their actions and even harder to imagine they would benefit enough to piss off the 29 other owners.
 

Anglesmith

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They would have to have a lot more than a feeling that the league took extra long in order to ensure that Wideman had to sit out longer.

Especially considering they would be suing their "partners" in the league.

Hard to imagine they could have close to enough evidence to prove that the league did anything wrong, let alone prove that they had any damages from their actions and even harder to imagine they would benefit enough to piss off the 29 other owners.

It's true. Just pondering the possibility. I'm far from a legal expert.
 

moon*

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It's true. Just pondering the possibility. I'm far from a legal expert.

I am not a legal expert either but I think certain Flames fans are more angry about this than the Flames are.

BB does a great job sticking up for his players but hard to see them wreck relationships with the league/other teams over this incident.

Especially when Wideman was 100% guilty and the suspension was 100% correct.
 

Anglesmith

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I am not a legal expert either but I think certain Flames fans are more angry about this than the Flames are.

BB does a great job sticking up for his players but hard to see them wreck relationships with the league/other teams over this incident.

I think the league office responsible for the handling of the process is entirely separate from the team owners. I don't think team owners have a hand in it; they appoint a committee to deal with these matters. I don't think the complications you are mentioning exist. The Flames management has repeatedly expressed anger at the decisions.
 

moon*

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I think the league office responsible for the handling of the process is entirely separate from the team owners. I don't think team owners have a hand in it; they appoint a committee to deal with these matters. I don't think the complications you are mentioning exist. The Flames management has repeatedly expressed anger at the decisions.

Well what compensation do you think the Flames would be looking at?

Money will come from the other owners, draft picks will affect the other owners.
 

InfinityIggy

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Well what compensation do you think the Flames would be looking at?

Money will come from the other owners, draft picks will affect the other owners.

tbh I think Burke would go after a formal apology from the league and Bettman, rather than any tangible 'compensation', because it'll be difficult to quantify.
 

Calculon

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You expect Bettman to apologize? What would that even look like?
Gary+Bettman+EPA.jpg
 
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