Feb 24, 2012, 11:00 AM EST
ESPN is reporting that Major League Baseball is considering appealing the arbitrator’s decision in the Ryan Braun case to federal court:
Sources said MLB is livid and is evaluating the possibility of suing in federal court to have Das’ decision overturned, but that they did not expect a decision to be made until after Das issues his written report within the next week or so and MLB lawyers have a chance to review it. There are very limited grounds by which either party could sue, but sources said MLB officials believe Das’ ruling was based on a faulty reading of the policy.
This would be a foolish waste of time.
Arbitration is chosen by parties for the express purpose of avoiding litigation. Courts are well aware of this. And in order to not undermine the integrity of arbitration awards, they very, very rarely overturn them. Indeed, The Federal Arbitration Act provides the grounds for review of an arbitration decision. Such review is limited to overturning awards obtained by corruption or fraud. Or where the arbitrator himself is shown to be corrupted or to have engaged in misconduct of some kind or has shown a “manifest disregard for the law.” Federal courts do not look at the facts and evidence anew and substitute their judgment for that of the arbitrator.
So great, MLB, sue in federal court if you want. But you will waste money. You will piss off the union, one of baseball’s most exciting young and marketable players and the rest of the players as well.
Oh, and you will almost certainly lose.
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