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.
Apr 17, 2014, 2:21 AM EDT
Notes from a wild game in Chicago.
Apr 16, 2014, 11:32 PM EDT
The Diamondbacks lost another game to the Mets on Wednesday afternoon and are now 4-14 on the season with by far the worst run differential (-48) in the major leagues. But the manager and GM are not on the hot seat … yet.
Apr 16, 2014, 10:25 PM EDT
Dontrelle Willis signed a minor league contract with the Giants in January and was officially added to the roster at Triple-A Fresno on April 12. But the veteran left-hander didn’t even last a week there.
Apr 16, 2014, 9:39 PM EDT
Astros outfield prospect George Springer grounded out sharply to shortstop in his first major league at-bat on Wednesday night. In his second trip to the plate, he made it to first base …
Apr 16, 2014, 8:54 PM EDT
Josh Hamilton is likely to be sidelined through most of May with a complete tear of the ulnar collateral ligament in his left thumb and now beat writer Jeff Fletcher at the Orange County Register reports that Kole Calhoun will miss the next 4-6 weeks with what Angels manager Mike Scioscia called a “bad ligament sprain” in his right ankle.
Apr 16, 2014, 8:01 PM EDT
Mariners right-hander Taijuan Walker had to be scratched from what was supposed to be his final minor league rehab start Tuesday at Triple-A Tacoma and he headed to Seattle on Wednesday for tests. The MRI results are in.
Apr 16, 2014, 7:13 PM EDT
Braves closer Craig Kimbrel was unavailable to pitch on Monday because of soreness in his right shoulder. But it’s apparently only a minor issue and he expects to be fine going forward.
Apr 16, 2014, 6:35 PM EDT
From James Wagner of the Washington Post comes word that Nationals outfielder Bryce Harper has been scratched from the club’s starting lineup on Wednesday night against the Marlins because of tightness in his left quadriceps muscle.
Apr 16, 2014, 6:11 PM EDT
Red Sox second baseman Dustin Pedroia is back in the starting lineup for Wednesday’s game against the White Sox after getting a cortisone shot Monday for the inflammation in his left wrist.
Apr 16, 2014, 5:04 PM EDT
The journey of a thousand miles begins with a single step.
Apr 16, 2014, 4:16 PM EDT
Cardinals right-hander Joe Kelly left today’s start against the Brewers after tweaking his hamstring trying to beat out an infield single in the sixth inning.
Apr 16, 2014, 3:59 PM EDT
That’s 28 strikeouts in his first three big league starts.
Apr 16, 2014, 3:34 PM EDT
Cueto set a career high for strikeouts as he tossed his third career shutout
Apr 16, 2014, 3:00 PM EDT
Completion is set for February 2017
Apr 16, 2014, 2:44 PM EDT
Pirates outfielder Jose Tabata just made a great catch to rob Brayan Pena of an extra-base hit, but unfortunately he slammed into an unpadded portion of the wall in Cincinnati and had to leave the game.
Apr 16, 2014, 2:33 PM EDT
You can spend all you want on a 30 year-old free agent, but be careful how much you spend on an 16-year-old prospect.
Apr 16, 2014, 2:00 PM EDT
The two most dominant pitchers in the AL face off tonight. Given their ages, their contract status and their presence in the same division, expect this to grow into a wonderful rivalry over the coming years.
Apr 16, 2014, 1:33 PM EDT
The Dodgers have an embarrassment of outfield riches.
Apr 16, 2014, 12:38 PM EDT
I don’t know the real Brian Wilson, but even if this isn’t it, remember: we are what we pretend to be.
Apr 16, 2014, 12:16 PM EDT
Nick Franklin lost his job to Robinson Cano, but now he’s headed back to Seattle.
- The Red Sox are still steamed that a PED guy played against them in the playoffs last year (130)
- Doug Glanville’s story about being racially profiled at his own home (125)
- There is still a racial divide in baseball (111)
- Must-Click Link: Yasiel Puig’s harrowing journey to the United States (95)