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.
Sep 2, 2015, 10:54 AM EDT
Miguel Sano statistical porn.
Sep 2, 2015, 10:30 AM EDT
A picture of A-Rod from yesterday — not this one — seems to be the tiebreaker here.
Sep 2, 2015, 10:15 AM EDT
Getting healthy for October is the focus.
Sep 2, 2015, 9:51 AM EDT
He caught Kevin Quackenbush napping. Almost literally napping.
Sep 2, 2015, 9:37 AM EDT
A great catch and an extra innings walkoff homer.
Sep 2, 2015, 8:07 AM EDT
Its like watching a car crash. No, wait: a tricycle accident.
Sep 2, 2015, 7:04 AM EDT
Was this a . . . statement game?
Sep 1, 2015, 11:34 PM EDT
Would it endanger or enlighten Berrios’ career to give him a few starts in a postseason race?
Sep 1, 2015, 10:49 PM EDT
It was Cal Ripken Jr. Night on Tuesday at Baltimore’s Camden Yards, with the Orioles celebrating the 20th anniversary of Ripken taking over Lou Gehrig’s record for consecutive games played …
Sep 1, 2015, 10:05 PM EDT
Stanton has been on the disabled list since June 27 because of a broken hamate bone in his right hand.
Sep 1, 2015, 9:12 PM EDT
And he did it on the night the O’s are celebrating the 20th anniversary of Cal Ripken breaking Lou Gehrig’s record for consecutive games played.
Sep 1, 2015, 8:30 PM EDT
Adam Rubin of ESPN New York shares the plan …
Sep 1, 2015, 7:44 PM EDT
The reworking of the Red Sox has already begun under new club president Dave Dombrowski.
Sep 1, 2015, 6:51 PM EDT
It was a rather uneventful triple play as far as triple plays go, but cool and rare nonetheless …
Sep 1, 2015, 6:07 PM EDT
From beat writer Patrick Mooney of CSNChicago.com …
Sep 1, 2015, 5:17 PM EDT
Teixeira has started just one game since fouling a ball off his shin two weeks ago.
Sep 1, 2015, 4:54 PM EDT
Kelvin Herrera and Alex Rios are already infected and will could miss up to two weeks.
Sep 1, 2015, 3:41 PM EDT
Gordon missed two months with a groin injury.
Sep 1, 2015, 3:05 PM EDT
He deserves to be in already.
Sep 1, 2015, 2:39 PM EDT
Olivera was traded from the Dodgers to the Braves as part of July’s three-team, 13-player deal.
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