Update: MLB, MLBPA ask judge to throw out A-Rod’s lawsuit

WFAN's Yankee Hot Stove event to help fight hunger
Derek Jeter, Brett Gardner, and the second spot in the lineup

Feb. 4th: As expected, the MLBPA has asked for the case to be tossed out as well, reports Michael O’Keeffe. “Mr. Rodriguez does not and cannot plausibly allege that [the union’s] advice was unreasonable, given in bad faith or that it undermined the MLBPA’s prosecution of the grievance,” said a letter the union sent to Ramos. A hearing is scheduled for February 14th.

Jan. 29th: Via the AP: Howard Ganz, one of MLB’s lawyers, sent a letter to U.S. District Judge Edgardo Ramos saying Alex Rodriguez‘s lawsuit should be tossed out because it does not come “remotely close” to what is needed to overturn an arbitration ruling. “A court must confirm an award even when the arbitrator has offered only a barely colorable justification for the outcome reached, and even if the court considers the arbitrator’s interpretation of the contract to be plainly wrong,” said the letter, whatever that means.

A-Rod and his legal team filed the lawsuit against MLB and the players’ union a few weeks ago, after his record 162-game suspension was upheld by arbitrator Frederic Horowitz. Ganz also said the MLBPA plans to seek dismissal of the suit as well. The suit is seeking an injuction that would overturn the suspension and allow Rodriguez to not only play this year, but also receive his massive $25M salary. From what I understand, the chances of a federal court re-opening the case and actually overturning the suspension are very small, so this is basically a Hail Mary.

email
WFAN's Yankee Hot Stove event to help fight hunger
Derek Jeter, Brett Gardner, and the second spot in the lineup
  • b-rar

    “A court must confirm an award even when the arbitrator has offered only a barely colorable justification for the outcome reached, and even if the court considers the arbitrator’s interpretation of the contract to be plainly wrong,”

    Really setting the bar high, huh?

  • Kiko Jones

    In other PED-related news, the BBWAA honored Andy Pettite last week. Yes, that’s the same self-righteous bunch who keep players out of the HoF for even a whiff of suspected PED use. I’m sure Jeff Bagwell was thrilled.

    • mikhel

      His case might be different because he took PEDs while rehabbing and out for the season to speed his recovery (Bartolo Colón a few years ago did it and MLB didn’t find something wrong with it, after Cashman told MLB to check if Bartolo needed to be suspended… while he was still pitching with the Yanks).

      • Kiko Jones

        Sorry but that’s splitting hairs and selective condemnation on the BBWAA’s part.

      • OldYanksFan

        Andy did not take PEDs. He took HGH. Illegal, but not a PED (and was also confirmed in the Mitchell Report.

        • Kiko Jones

          Just putting a spotlight on the hypocrisy: Do you see the BBWAA honoring any other confirmed HGH users or even making exceptions for ‘em? A bunch of the BBWAA are on record saying the won’t vote for anyone from the steroid era, just for having played during that time, regardless if they’ve been involved with PEDs or not. Yes, that’s right. And these are the POS who hold the keys to the HoF. Disgusting.

          • Lets go Yankees

            ARod is real disgusting one. He’s a pure liar and stage actor. Good riddance!

        • Caballo Sin Nombre

          PED= Performance Enhancing Drug, a general class of substances including lean mass builders, of which HGH is an example. HGH is legal under prescription.

          • forensic

            HGH is legal under prescription.

            So are numerous steroids.

  • Greg

    more like a “stupid Mary”, since it means that Arod had to sue all of the other players and crap all over Weiner, RIP.

  • EndlessJose

    It’s sad Selig legacy came with A-Rod taking the burden for he PED era which is still going on.

    The player association should have never agreed to those terms and A_rod 162 games is not supportive by the JDA.

    • Kiko Jones

      Did you hear that? Wow, Marvin Miller is spinning viciously in his grave…

  • Kvothe

    Alternative Dispute Resolution (ADR) is almost universally favored by courts. There’s a very strong presumption in favor of the results of binding ADR proceedings. Kabak should eat his hat if it’s overturned.

  • ALZ

    If Arod does get it overturned then that would really help the team this year. Would be nice going in with Teix, Johnson, Roberts, Jeter, and Arod all healthy.

  • mikhel

    “A court must confirm an award even when the arbitrator has offered only a barely colorable justification for the outcome reached, and even if the court considers the arbitrator’s interpretation of the contract to be plainly wrong”.

    What it means is: dear judge, even if you know or think the arbitrator was wrong, the penalty was excesive, the case was not fair and we acted maliciously against Alex Rodríguez, you HAVE to “toss” Alex’s complaint.

    • Kiko Jones

      Thanks translating the legalese for us, Mikhel. Based on your translation that Ganz letter is pathetic: “Even if your honor deems all of this to be arbitrary, excessive and just plain f’d up, please uphold our side, no matter what.”

      And yeah, MLBPA, we all saw you roll over and play dead vis-a-vis A-Rod so yes, he can, in fact, “plausibly allege that [the union’s] advice was unreasonable, given in bad faith or that it undermined the MLBPA’s prosecution of the grievance.” Good luck.

  • Farewell Mo

    Until now, I hadn’t heard Arod’s name mentioned for about a week and it was quite nice actually.

    • mustang

      THIS!!!
      WINNER!!!!!

  • I’m a looser and a trader baby so why don’t you kill me?

    I’m completely stunned by this latest development.

  • Craig Sagermetrics

    I hope he gets hit by a bus.