Arb Ruling 162 Games for ARod
- Thread starter 67WasBest
- Start date
First real article I've seen is in the NY Daily News. Hoping that he can appeal the process and thus "force" the NYY to delay their plans:
"He...and his attorneys have threatened to immediately file an injunction asking a judge to stay the suspension pending further legal action."
"He...and his attorneys have threatened to immediately file an injunction asking a judge to stay the suspension pending further legal action."
A win for MLB. I still don't see how an independent arbitrator could suspend him for more games than Braun got.
I'm not lawyer, but Calcaterra has intimated on twitter that it's unlikely a court will hear this case. Which is a shame, because there's nothing better than the whole system being put on trial.
I'm not lawyer, but Calcaterra has intimated on twitter that it's unlikely a court will hear this case. Which is a shame, because there's nothing better than the whole system being put on trial.
So he can play in the playoffs? What about game 163 in the event of a tie? I don't know how they can pick a number like 162, that makes no sense, although I guess it makes the same amount of sense as the previous 211.
It's the full season. Includes playoffs.
It's the full season. Includes playoffs.
."As indicated in the statement, Rodriguez's camp will seek an injuction and continue a legal battle in federal court. They would have accepted a suspension of 65 games or less without a fight, however. Ryan Braun was suspended 65 games for his Biogenesis connection. An injuction is viewed as unlikely."'
http://www.cbssports.com/mlb/eye-on-baseball/24405698/report-arod-ruling-imminent-decision-appears-favorable-to-mlb
http://www.cbssports.com/mlb/eye-on-baseball/24405698/report-arod-ruling-imminent-decision-appears-favorable-to-mlb
Verducci reporting there is little favorable legal history for an appeal because of the collective bargaining agreement
Joel Sherman makes case that MLBPA statement validates their belief in the process, while displaying their disatisfaction with the ruling. This will likely prove a key point against ARod in the courts.
Joel Sherman makes case that MLBPA statement validates their belief in the process, while displaying their disatisfaction with the ruling. This will likely prove a key point against ARod in the courts.
An injunction seems so unlikely that I don't think A-Rod will ever play again. The real legs of the story may be him suing for lost salary + damages which has at least a shot of keeping the dream of Discovery alive (right?).
67WasBest said:
Yeah, as I understand it, when you are represented by something like a collective bargaining agreement that governs dispute resolution, courts are not likely to intervene unless you can show something like:
- The CBA itself was somehow crooked, illegal, unconscionable, or otherwise unenforceable in a large-scale sense, or;
- The arbitration-process was demonstrably illegal or in really gross violation of the governing agreement (like, really bad), or;
- You or your case are not actually governed by the arbitration process according to the terms of the agreement.
Arod would have, I think, a very tough sell to convince anyone that either the CBA is some kind of unconscionable violation of his rights, or that his case is not governed by it, or that the arbitration process in this case was somehow a flagrant violation of the CBA process.
I am fairly certain that he WON'T get the courts to intervene on the basis that the outcome was unfair, that he was punished more harshly than others, that MLB has a vendetta against him, or even on the basis of factual innocence.
hbk72777 said:
Clemens denied yet was not convicted of perjury. Heck, he plays beating the perjury charge to mean that he didn't use steroids. Maybe A-Rod is planning on beating the perjury charge too. Not saying he will beat the charge, but he is certainly arrogant enough to think he could.
EDIT: I am aware there is difference between Federal Court and testifying in front of Congress. I would bet A-Rod sees very little difference.
Now here comes Jon Hymen...let's see what he's got to say
Well, I'm not sure he realizes we play Independent League baseball right here in the States.
Well, I'm not sure he realizes we play Independent League baseball right here in the States.
yep said:
I'd guess that their play will be to claim that the MLB didn't follow their own procedures, which would be a violation, and use the comparison to Braun as their evidence. MLB can just claim, though, that ARod and Braun cases were different, probably using evidence of each player's response to the accusations, which is probably sufficient to allow for differential treatment of the cases.
The political theater of a judge forcing MLB to allow ARod to play given the public's craziness about PEDs would be pretty awesome.
Im still trying to figure this out. Isn't the policy, 2nd time caught you get 100 games, 3rd time your banned. Where does the season suspension come from?
As a Sox fan, I don't know how to react to this. On the one hand, this now means the mfy probably won't sign anyone else this year so they can stay under 189, and they are worse playing Kelly Johnson or whoever at 3B than ARod (while ARod is clearly not worth anything near his contract at this point, he is still a better 3B than anyone else they can trot out there). On the other hand, they can now spend wildly in future offseasons, although they may have done that anyway.
I like seeing ARod get screwed, although as others have pointed out, this doesn't seem remotely fair given other suspensions.
I like seeing ARod get screwed, although as others have pointed out, this doesn't seem remotely fair given other suspensions.
Sportsbstn said:
In cases of non-analytical evidence (such as ARod's) there are no set protocols for suspensions. Instead the commissioner's office has the right to attempt a suspension (any suspension, of any length) they see fit. Of course it can be argued in arbitration so they better be ready to defend their suspension.
The 50/100/Life protocol pertains to positive drug tests only and those do not exist in this case.
EDIT: I can't type.
I was hoping for a reduced suspension to 60 or so games so the Yankees would be on the hook for a good part of his 2014 salary, the Yankees would be handcuffed in what they could do in terms of FA, and so there would be a circus atmosphere in the Bronx distracting them from playing the games. This suspension benefits the NYY, imho, and improves their chances of inking Tanaka.
Yes, but I'm not seeing your point. They would be above with his money accounted for, and now they are just a little below, I think.E5 Yaz said:
Sportsbstn said:
Plus all the buying of papers, destroying of evidence, tampering with witness, etc.
Not to mention, he never actually admitted to it and accepted it, like the other players did.
Plenty of reasons that he got more than the other guys did.
Arod apparently plans on attending spring training
https://twitter.com/McCulloughSL/status/422072888519192576
This is great
https://twitter.com/McCulloughSL/status/422072888519192576
This is great
Per Buster Olney, the Yankees get $27.5 M in salary relief in 2014.
Buster goes on to say that it gives them a much better chance of getting under the $189 Million luxury tax threshold , if you believe that is their goal.
I think this makes Tanaka to the Yankees a fait accompli. No other team has the combination of resources and desperate need for starting pitching than the Yankees.
This really is the best case scenario for them, even with A-Rod being owed $61 Million on the three years remaining on his deal after this year.
Buster goes on to say that it gives them a much better chance of getting under the $189 Million luxury tax threshold , if you believe that is their goal.
I think this makes Tanaka to the Yankees a fait accompli. No other team has the combination of resources and desperate need for starting pitching than the Yankees.
This really is the best case scenario for them, even with A-Rod being owed $61 Million on the three years remaining on his deal after this year.
Manramsclan said:
I don't see how this improves their motivation to sign Tanaka. If they sign Tanaka they are almost certainly over the cap. I think if ARod was only suspended 60 games they would have been over for sure and there would be no disincentive to pay Tanaka.
Agreed, and this is the exact point I was making in my post above. This actually helps the Sox and every other team this year if it means no more free agent signings for the Yanks, now that getting under 189 is possible.snowmanny said:
It benefits the Yankees financially, if by the Yankees you mean the HH, Steinbrenner Jr. boys.
edit: and if it keeps the mfy from getting tanaka, and if he turns into the stud pitcher some think he will be, this could be helpful down the road, too
Reverend said:
I would love, love to see this go to court, but I don't think the above reasoning will get it there, even if a judge buys the factual argument. The thing is, that's what the arbitration process is for. Arbitration is the place where Arod gets to "appeal" penalties, argue that his is unfair, etc.
I believe he now would have to clear the hurdle of showing that the arbitration process was somehow significantly compromised (e.g., MLB bribed the arbitrator, or locked Arod out of the building, or something like that). The courts are not just going to give Arod a "do-over" to see if he can find a more sympathetic venue to tell his side of the story.
Buster_ESPN Buster Olney
By the way: the union's legal obligation to rep A-Rod in this case ended with the arbitrator's decision. Cost now fully on his shoulders.
By the way: the union's legal obligation to rep A-Rod in this case ended with the arbitrator's decision. Cost now fully on his shoulders.
Doctor G said:
I believe that particular line of argument would only work if he can show that the arbitrator was in on the conspiracy. The CBA has arbitration built into the process as a venue to "appeal" these things. Players, owners, and MLB all agree that if they can't work it out themselves, they bring it to arbitration, and the arbitrator has the final say.
The courts aren't going to give Arod a venue for extra tries, and they aren't going to give him a venue to second-guess the arbitrator unless Arod can show that the arbitration process was crooked. I'm sure Arod will CLAIM that the whole thing was rigged against him, but his lawyers are going to have show a judge some actual dirt on Fredric Horowitz or similar, not just conspiracy theories about Bud and MFY.
This guy is so isolated right now. Love the MFY's statement.E5 Yaz said:
“The New York Yankees respect Major League Baseball's Joint Drug Prevention and Treatment Program, the arbitration process, as well as the decision released today by the arbitration panel.”
Doesn't Arod still have a case filed against MLB and Selig? While he may not get satisfaction of a court overturning the '14 suspension, can he use the other suit to pursue legal and financial remedies?
mauidano said:
And, while it's pretty obvious it wouldn't happen, Rodriguez said "I want to sincerely thank my family, all of my friends, and of course the fans and many of my fellow MLB players for the incredible support I received throughout this entire ordeal," leaving out the Yankees/anyone in their organization.
The Yankees have said they will go over $189M if it really helps their chances of winning. Given the need for pitching, Tanaka would be easy to justify.Sox and Rocks said:
I don't think it really helps the Sox.
