Jan
13

A-Rod’s lawyer confirms they are “requesting federal court intervention” today

By

During a television interview this morning (video above), Alex Rodriguez‘s lawyer Joe Tacopina confirmed they are filing suit today “requesting federal court intervention to undo what’s been done in this labor arbitration.” A-Rod said he would seek an injunction in his statement following the announcement of his record 162-game suspension on Saturday.

“I don’t know [the suspension is] inevitable. I mean 162 games is inexplicable,” added Tacopina. “It’s not based on the law, it’s not based on the Collective Bargaining Agreement that’s laid out between the union and Major League Baseball. There’s no basis for it. Everyone else got 50 games, who if you accept the fact that there was a finding of liability, that 50 games — somehow 162 is what was levied to Alex for no reason. Ryan Braun, who actually tested positive, unlike Alex, and went on a campaign to besmirch the test collector and called him an anti-Semite wound up with 65 games. That in and of itself is a basis to get us into federal court.”

From what I understand, a federal judge is unlikely to look at a case following an arbitrator’s ruling in a collectively bargained matter. As Wendy Thurm explained a few weeks ago, “Rodriguez will have to show that [arbitrator Fredric Horowitz] was so in cahoots with MLB that it led to a fraudulent or biased proceeding” in order to get the case looked at it. I don’t know what will happen next, but A-Rod’s camp is going to keep fighting.

Categories : STEROIDS!
  • Dalek Jeter

    *grabs popcorn* I can’t be the only one enjoying this at least a little bit. Also, mlbn’s coverage of this has been horrible IMO. They spent literally all of MLB Tonight ripping A-Rod last night/yesterday.

    • Hughesus Christo

      Because he deserves to be ripped. He definitely cheated, he almost definitely obstructed the investigation into PEDs, and he possibly (likely) threatened/attempted to bribe multiple witnesses. The defenses have gone beyond comical and to absurd. Exactly how many multi-billion organizations are “conspiring” against A baseball player now? This guy has a clear narcissistic personality disorder and more money than he knows what to do with. So please, gum up our federal court system with more nonsense because he’s mad he got punished for being a cheat.

      • Dalek Jeter

        I think he does deserve some suspension, but MLB is just as guilty of everything you just accused A-Rod of. They obstructed an actual criminal investigation into Biogenisis to get evidence, they literally bought Bosche’s testimony, and bought just about all their evidence from a shady ass dude who they knew stole it. A-Rod may have cheated and is almost absolutely a douchebag, but lets not pretend that the MLB is all upstanding and clean in this. They are just as dirty and if this was an actual court case and not an arbitration hearing most of their evidence is probably never seen.

        • Pinkie Pie

          What you’ve just said is precisely why I shake my head every time I read an article calling the arbitration ruling a “home run” for Bud and Major League Baseball. As if this suspension atones for the period of more than a decade that Bud spent shoving the PED issue under the rug, while profiting greatly from all the revenue the users were generating nonetheless. Even though I think A-Rod is as guilty as can be, I almost hope that he succeeds in at least reducing the suspension so that neither side comes out of this looking like a “winner”. Both parties deserve to have their names dragged through the mud.

          • Dalek Jeter

            Yup, we’re basically on the same page with all of this.

          • Farewell Mo

            I guess you would have preferred that MLB take the high road, not purchase the evidence that Arod was trying to purchase with intent to destroy with the end result being Braun, Arod and all these other cheats walk away with not so much as a slap on the wrist?

            I guess that would have been the better end result.

            • Dalek Jeter

              IMO you don’t get to make back room deals and buy evidence from shady people and then get to act like you’re high and mighty and the good guys.

              • Lets go Yankees

                When you investigate the devil, you don’t search the halls of heaven!

                • BamBamMusings

                  Very well put.

                  Sure the methods are gutter-worthy. But how else are they supposed to get the info?

                  • JCK

                    Keith Alexander… is that you?

            • Pinkie Pie

              It’s not a question of whether or not they should have taken the course of action they took. It’s the aggrandization of Bud Selig in the wake of this messy affair that I find fault with. You speak as if I’m trying to defend A-Rod and his Biogenesis pals.

              • Farewell Mo

                Bud Selig is a sack of shit and he can never undo the damage caused by turning a blind eye to PEDs in the 90s. He isn’t a “winner” in any of this, everyone essentially lost here.

                That said, he took the only course of action that was reasonable other than letting these guys continue to get away with cheating

                • Pinkie Pie

                  That I can grudgingly agree with. But it doesn’t make MLB’s methods seem any prettier.

                • TheMickTurnsInHisGrave

                  Go back and review your history. The Players Association would own MLB today had anyone even uttered the word Steroids back in the 90s! We would be calling Slammin Sammy ‘Commissioner Sosa’ right now! With Bonds and McGwire his lieutenants had MLB done anything to infring on “A players right to privacy”.

          • Jessica’s Yankees

            To Compare Arod to the others is like comparing a one-time murderer with a serial killer.

      • radnom

        But…but….teh SELIG

        • Darren

          Thanks for your insightful comment. I appreciate that you haven’t used a tired meme to make an invalid point.

    • Cano Cango

      You have’to be blind not to see that ARod is the villain in all of this!

      • Dalek Jeter

        You have to be looking for a good and bad guy if you think there is a good and bad guy in this.

        • Pinkie Pie

          I’m of the opinion that they’re all bad guys.

          • BamBamMusings

            When you’re in play in ARod’s pig pen, you don’t come out smelling of roses! Its a shame Alex couldn’t get his PEDs from a respectable clinic!

            • Pinkie Pie

              BALCO was a respected clinic at one time.

    • The Great Gonzo

      You and me both… I am enjoying the circus show.

      This whole thing is turning out to be something like an episode of “The Kardashians”: EVERYONE looks bad coming out of it and the only people who don’t realize it are the main characters.

    • Kiko Jones

      Anyone who thinks MLBN has editorial independence and will even remotely skim over a position countering Selig’s, should get in touch with me: I have a bridge and a unicorn that might be of interest to them.

  • Coolerking101

    Just to slightly correct Mike’s post, it’s not that a judge won’t even look at A-Rod’s claim. It’s that A-Rod is unlikely to be able to meet the burden required to get a restraining order/injunction (I’d say he has a 10%-15% chance of success). A judge will ultimately issue a ruling as to A-Rod’s claim that the arbitrator’s decision should be overruled. However, as noted in Mike’s post, in order to win, A-Rod has to essentially prove gross negligence or fraud by the arbitrator and that’s a nearly impossible burden to meet. In other words, everyone with experience in the field generally agrees Arod’s chances of getting the arbitrator award vacated are jack and shit…and jack just left town.

    • Jim

      Even though the whole process was collectively bargained for, cant a rods team present a case that the arbitrator had no incentive to ever rule in their favor because he was fearful of losing his job? When the arbitrator in the Braun hearing ruled against MLB he was immediately let go. It seems like in the current system, these arbitrators have no incentive to be unbiased. Maybe that’s not enough to get a case heard, but its certainly not nothing.

  • Chris Z.

    Won’t happen. He doesn’t have standing. If anything he would have to sue the Union and claim they were ineffective counsel or had a conflict of interest of some kind to get the injunction while a court looks at it.

    • Coolerking101

      I don’t see a standing issue assuming ARod’s claim is the most obvious one: that the arbitrator grossly failed to perform his duty or their was fraud in the process (which I assume is the argument that will be raised).

      I guess he could also argue the CBA is unfair on its face…but that’s a crazy long shot and would put him at odds with his own union. Can’t imagine he’d go that route. I’m not sure there would be a standing issue in this situation either given that he’s been damaged as a union member.

      • Chris Z.

        Oh he certainly does not have standing. As a player he is represented by the MLB players union. The union fought his case on behalf of A-Rod. A-Rod himself suing the arbitrator or trying to get an injunction isn’t possible because A-Rod likely waived his right to do that as part of the collective bargaining process when the CBA was agreed upon. That is what makes arbitration binding.

        The only way he can sue is like I said earlier, to say the union failed to represent him (like he had evidence that he told his lawyers to show and they didn’t) or that there was a conflict of interest.

        A-Rod himself can’t sue. They would toss it right out.

  • bkight13

    Ryan Braun and others took the deal that was offered to plead guilty. It happens everyday. ARod chose to deny, deny, deny, took his chances with the arbitrator and lost. I really think Alex is getting terrible advice but his ego is so big he is incapable of getting help. He is a serial cheater and liar and deserves everything he got.

    • Sunny

      Rodriguez would have took a 65 game hit if he was ever offered it. He just wants it to be fair. Alex getting 1,000 games while everyone gets diddly squat isn’t right.

      How come people become really stupid the second they climb up on there pedestal to criticize others of the exact thing they themselves would be doing or worse? Don’t bother answering, I am sure it would be laughable.

      • Cano Cango

        A) Why would someone who swears he hasnt committed a crime agree to a punishment? (especially when he has an army of lawyers in his corner)
        B) How do you know he wasn’t offered 65?
        C) How can MLB in good conscious say they are trying to clean up the game, and let a guy get away with a 65 game slap on the wrist when he clearly went above and beyond what everyone else did?

      • Lets go Yankees

        65 games is laughable. I suppose Osama was treated unfairly too?

        • Jorge Steinbrenner

          I’ll take “segues no one asked for” for $100, Alex.

      • bkight13

        The laughable part is that you and Alex refuse to admit he is guilty. Just because other are guilty as well doesn’t get him off the hook. If you were driving 100mph, you are speeding even if you don’t get caught. Just like Lance Armstrong never failed a drug test, how did that turn out?

        • Kiko Jones

          “If you were driving 100mph, you are speeding even if you don’t get caught.”

          What is it they say? Ah, yes: “It’s not what you know but what you can prove.

  • Niko

    Joining in with the other expert legal opinions on here I think Arod should fight this, and keep fighting, to the bitter end, because there is no better way to ensure history looks upon you with due respect and honor than to drag out bad decisions far beyond anyone’s capacity to give a shit.

  • I’m One

    I find it interesting that Tapocino states that it’s nearly impossible, from a scientific stand point, for A-Rod to have not tested positive during his 12 tests by MLB. Yet Lance Armstrong was tested even more times and he never tested positive. Scientifically, it is possible for him to have “beaten” the tests.

    • Holy Ghost

      Lance took different drugs than A-Rod is accused of taking.

      While no MLB player that I’m aware of has failed a test for HGH, several have failed tests for Testosterone, including Bosch clients, Braun, Colon, and Melky Cabrera.

      So it matters that A-Rod didn’t fail any drug tests while he’s alleged to have taken Testosterone.

      • Gonzo

        Heard a funny rumor that one player was caught because he fell asleep with a test patch on his scrotum. He was supposed to leave it on for a set time and dude fell asleep. LOL

    • BamBamMusings

      Clearly Tapioca is not only a legal practitioner, he is also a scientist.

  • Farewell Mo

    You gotta figure Arod lawyers are laughing all the way to the bank. I read it would cost upwards of $12 million in legal fees to appeal this to Federal court and he has almost a zero chance of winning.

    He already lost the $24 million from this seasons suspension so other than filling the pockets of his legal team, he has really almost nothing to gain here.

    He’s a egomaniac who believes the rules don’t apply to him and his lawyers are taking advantage of him.

    If this whole thing wasn’t his own doing, I’d almost feel sorry for the guy.

    • Darren

      That $12mm figure is so wildly inflated it’s not even funny. ARod could take this case to the Supreme Court and back and it wouldn’t hit $12mm.

      • Lets go Yankees

        Sure it would. How many lawyers, PR personnel, and various consultants do you think are working his case all throughout the day? If I were his lawyers, I’d recommend he take this to NASA for a trip to Mars. As long as the money keeps coming. And he’s exactly the type of chump to go through with it!

    • lightSABR

      It’s about PR. There are a substantial number of people in the U.S. who think A-Rod is innocent, and an even more substantial number who think he’s been treated unfairly. Those people are worth money to A-Rod, and he’s trying to keep them happy and, if possible, increase their number.

      • BamBamMusings

        Oh, so ARod is now a man of the people! Modern day Robin hood. How nice.

        • Gonzo

          A-Rod = Norma Rae

          Didn’t you know?

        • lightSABR

          I didn’t say I bought the PR. I just said that PR is what A-Rod is doing.

  • Chris

    From what I have read, he has no chance mainly for the reasons Mike outlined at the end of this post.

    My only hope is this is wrapped up sooner than later so the team knows for certain A-Rod is gone for the year, although it sounds like they are already conducting business as though he is definitely done for 2014.

  • stuckey

    Let’s stop breaking this down into micro-bits and look at it from a macro standpoint.

    Alex Rodriquez is currently the most famous MLB in the game. He’ll arguably continue to be so for the foreseeable future. He’s eligible to come back to the game and collect $61m dollars.

    His presence will haunt the game of baseball for many years after, not only due to the attention he’ll receive EVERY year when he becomes eligible to be voted to the HoF but his name will continue to sit at or near the top of many high-profile records that will likely never see anyone move into the top of those lists again.

    MLB will never be done or rid or washed of Alex Rodriquez.

    Anyone calling MLB “winners” in this scenario, is missing the forest for the trees.

    Question their tactics. But they were f**ked no matter how they conducted themselves. There is even a argument to be made they would have come off better had they taken their foot off the pedal on this whole affair.

    To be clear, that’s not excusing any unfair tactics, it’s just removing the idea they were going to REALLY win in any scenario, which speaks to motive.

    • Holy Ghost

      First off, I think a suspension for Alex is justified simply based on the fact that there’s evidence he and any other baseball players who went to the Biogenesis clinic atleast intended to get banned substances from Bosch.

      However, the MLB has yet to justify their decision to suspend him for 211/162 games.

      It’s not clear why Braun only got 65 games after he failed a drug test and obstructed the investigation against him to the point he caused someone to lose their job.

      So for that reason, I agree with A-Rod’s decision to continue to fight the MLB.

      While most people dislike A-Rod, it doesn’t justify the MLB’s tactics. They may be screwing over someone who deserves it now but what’s stop them in the future from screwing over a player who doesn’t deserve it?

      • Farewell Mo

        By the way, your comment the other day about Bosch supplying Arod ‘only” with HgH was incorrect.

        Bosch spoke at length about providing him with testosterone lozenges.

        • Holy Ghost

          Before the 60 min interview, I wasn’t aware that A-Rod was being accused of taking anything more than HGH.

        • The Great Gonzo

          You’re taking Tony Bosch at his word after everything we’ve seen from him? Damn dude…

          I guess what bothers me the most here is that to alot of people here, A-Rod is the ONLY bad guy. EVERYONE has an opportunity and reason to lie in this situation, INCLUDING the guy who is getting legal fees/protection/’a good word in with the DEA’ from Saint Bud of Wilwaukee.

          • Hughesus Christo

            He says as he takes ARod, the proven liar with every incentive to lie and deny, at his word.

      • bkight13

        Braun took the plea bargain. He was hurt and going to miss the games anyways. I’m sure he was threatened with a longer suspension if he fought it. And you can’t bring up the first test with Braun. They went to the arbitrator and he won.

        Prosecutors over charge all the time and then negotiate a plea deal. Deals are different for different people all the time, even if the committed the same crime. Selig has the power to issue punishments outside of the CBA’s drug policy.

        • Holy Ghost

          We don’t know what A-Rod was offered.

          If he wasn’t offered a deal similar to Braun’s then, he had every reason to appeal.

  • stan

    Mike,

    What does this do the 189? Under with/without Tanaka? Curious.

  • Brian L

    I believe this is a stall tactic by A-Rod and his lawyers. They must know his chances of getting the ruling over-turned are very poor, but just like appealing the original suspension so he could continue to play, if he gets a judge to order a stay while they look into the case that could give him years to play while this plays out in court.

  • OldYanksFan
    • BFDeal

      Those are some stupid knee-jerk suggestions.

  • Jorge Steinbrenner

    I just want this to go away already. So tired of it.