NJ Fan said: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."
findguapo said: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.
JimBoSox9 said: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: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.
hbk72777 said:
The only thing with that is, like Verducci said on MLB, he's going to have to answer questions honestly. If he admits it, he loses, if he doesn't, he perjures himself. He loses all the way around
yep 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.
From where the sun don't shine. Clearly this number is completely arbitrary.Sportsbstn said: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?
Sportsbstn said: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?
Sox and Rocks said: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.
Sportsbstn said: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?
Jaylach said:
In cases of non-analytical cases (such as ARods) 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.
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:
An ARod suspension would remove 24M or so from the Yankees payroll total
Sportsbstn said:
Ah yeah, thanks guys.
Rodriquez' team might file an appeal of the ruling based on a claim of collusion between MLB and the Yankees which would in itself be a violation of the CBA. He has claimed this all along.yep 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.
Manramsclan said: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.
67WasBest said:MLB statement validates ban extends through 2014 playoffs
DrewDawg said:
Isn't he still on the Yankees?
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:
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.
He's not going to walk away from the $61 million he's owed from 2015-2017JimBoSox9 said:An injunction seems so unlikely that I don't think A-Rod will ever play again.
Reverend 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...
Doctor G said:Rodriquez' team might file an appeal of the ruling based on a claim of collusion between MLB and the Yankees which would in itself be a violation of the CBA. He has claimed this all along.
This guy is so isolated right now. Love the MFY's statement.E5 Yaz said: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.
mauidano said:This guy is so isolated right now. Love the MFY's statement.
“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.”
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: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.
While holding up a 'Jeter Sucks' sign.Papelbon's Poutine said:I would love to see ARod buy season tickets right behind home plate and attend every home game just to keep the circus going.