Aug 5, 2013, 5:07 PM EDT
Technically, Rodriguez’s suspension does not go into effect until Thursday. This is due to certain procedural provisions built into the disciplinary rules which call for a certain amount of time for a player to be given official notice of the discipline and to prepare his response. As we know, Rodriguez is allowed to play pending appeal. If he were to lose his appeal, every game he plays during the appeal’s pendency will be tacked back on to the end so that he serves his full time. So if he loses, A-Rod will be out of baseball into 2015.
The appeal will be held before independent arbitrator, Fred Horowitz, who was hired by agreement between Major League Baseball and the players’ union to hear such appeals. The schedule is in flux, as arbitrations tend to follow a relaxed procedure compared to formal cases in courts of law, but most experts believe that the appeal will be heard sometime in September.
At arbitration, both Rodriguez and Major League Baseball will be able to put on evidence, just like any court case. It is presumed that Anthony Bosch and/or Porter Fischer of Biogenesis will testify. Major League Baseball, which has suggested that its evidence against Rodriguez is quite strong, likely has other witnesses and reams of documents as well. It is not certain if Alex Rodriguez will testify, though it is uncommon for players to do so at arbitration. Rodriguez’s main argument could likewise sidestep his actions altogether and focus instead on the notion that, whatever he did, 211 games is too severe a sanction.
Horowitz can do any number of things with Major League Baseball’s decision. He could sustain the suspension as-is. He could reduce it. He could overrule it in its entirety. The parties could settle before an arbitration begins. Or during it.
After the arbitration
No matter who wins and who loses, the arbitration is likely to be the final word. It is technically possible for a losing party to appeal an adverse arbitration decision to a regular court of law, but it is extraordinarily difficult to do so — one usually need prove that the arbitrator wildly exceeded his legal authority — and such moves are rarely successful.
In essence, once the arbitrator renders his decision — which could take any amount of time given how much discretion the arbitrator has to do his work — the case will be over.
It has been suggested that perhaps Rodriguez could file a lawsuit outside of the arbitration process. Such a move was far more likely when Major League Baseball was considering going outside of the Joint Drug Agreement and trying to keep A-Rod off the field during his appeal. Now that they have declined to do that, it’s highly likely that no court would entertain an A-Rod lawsuit unless and until the arbitration was over.
If the 211-game suspension is holds, Rodriguez can expect to lose around $34 million of the roughly $100 million remaining on his contract. Doing the math, that’s a bit over $161,000 a game. Even with some expensive lawyers working with the meter running make shaving every game off that suspension highly desirable for Rodriguez.
Mar 26, 2015, 9:50 PM EDT
The Mets are keeping an eye on the Dodgers and Rockies as they look to replace Josh Edgin.
Mar 26, 2015, 9:10 PM EDT
Are they ready to contend?
Mar 26, 2015, 8:29 PM EDT
Robertson signed a four-year, $46 million deal with the White Sox over the winter to be their new closer.
Mar 26, 2015, 7:31 PM EDT
After failing to reach an agreement with the Astros last year, unsigned No. 1 overall pick Brady Aiken underwent Tommy John surgery.
Mar 26, 2015, 6:25 PM EDT
It will be Gallardo’s sixth straight Opening Day start and first as a member of the Rangers.
Mar 26, 2015, 5:32 PM EDT
Even after all of these years, baseball’s preeminent B.S. shoveler remains on top of his game.
Mar 26, 2015, 4:07 PM EDT
Which doesn’t mean that Citi Field has gotten less safe. It does mean, however, that the Mets will have a much harder job convincing people of that.
Mar 26, 2015, 3:45 PM EDT
Burton had a 4.36 ERA and 46/25 K/BB ratio in 64 innings for the Twins last season.
Mar 26, 2015, 3:25 PM EDT
Archer will be the first pitcher other than David Price or James Shields to start Opening Day for the Rays since 2007.
Mar 26, 2015, 2:51 PM EDT
The pitching is great and the offense should be better. But is better good enough?
Mar 26, 2015, 2:22 PM EDT
“I’ve had enough of St. Louis.”
Mar 26, 2015, 1:30 PM EDT
The Rays and Marlins have some challenges a lot of teams don’t.
Mar 26, 2015, 12:55 PM EDT
We shouldn’t forget about the 28- and 29-year-olds getting sent down, too.
Mar 26, 2015, 12:33 PM EDT
Baseball America, MLB.com, and Baseball Prospectus all ranked Lindor as a top-10 overall prospect this year.
Mar 26, 2015, 11:50 AM EDT
Buck was trying to win a job with the Braves on a minor-league contract.
Mar 26, 2015, 11:19 AM EDT
Saunders was acquired from the Mariners in exchange for J.A. Happ in December and will be the Blue Jays’ starting left fielder once he’s healthy.
Mar 26, 2015, 11:04 AM EDT
The country with the world’s highest murder rate is no longer a safe offseason home for many Venezuelan natives.
Mar 26, 2015, 10:47 AM EDT
Delabar was an All-Star in 2013 and now he’s headed to the minors.
Shane Victorino lashes out at talk radio guys for blowing his Cole Hamels comments out of proportion
Mar 26, 2015, 10:30 AM EDT
And, from what I can tell, he’s right to do so.
Mar 26, 2015, 10:15 AM EDT
Presumably he’s done enough to get the job.
- 2015 Preview: Chicago Cubs 1
- Unsigned 2014 No. 1 overall pick Brady Aiken undergoes Tommy John surgery 21
- 2015 Preview: Seattle Mariners 15
- Cardinals add “OT” patch for Oscar Taveras 76
- 2015 Preview: Pittsburgh Pirates 12
- 2015 Preview: San Diego Padres 22
- MLB is looking into some strange gambling tweets involving Marlins pitcher Jarred Cosart 46
- 2015 Preview: New York Yankees 63
- College baseball player cut after making offensive tweet about Mo’ne Davis (115)
- Ex-Cardinals outfielder Curt Ford was assaulted in St. Louis and told to “go back to Ferguson” (113)
- Mo’ne Davis says college ballplayer who wrote an offensive tweet about her deserves a second chance (88)
- Cardinals add “OT” patch for Oscar Taveras (76)
- Andrew McCutchen cut his hair for the first time in eight years (75)