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.
Jul 26, 2014, 12:28 AM EDT
Triples galore for the Dodgers in San Francisco on Friday night.
Jul 25, 2014, 11:55 PM EDT
Ichiro Suzuki went yard for the first time this season, taking Mark Buehrle deep. He had previously homered on August 30 last year against the Orioles.
Jul 25, 2014, 11:25 PM EDT
Jose Bautista isn’t a huge fan of the beards Athletics Derek Norris and Sean Doolittle are sporting.
Jul 25, 2014, 10:55 PM EDT
The Independent League is taking measures to speed up games. Could MLB do the same?
According to Five Thirty Eight, Billy Beane’s A’s have exceeded expectations by nearly $1.38 billion
Jul 25, 2014, 10:15 PM EDT
We knew Billy Beane was good… but that good?
Jul 25, 2014, 9:35 PM EDT
The Cardinals are trying to add yet another catcher in A.J. Pierzynski, which would mean George Kottaras could be on his way out.
Jul 25, 2014, 8:45 PM EDT
The struggling Daisuke Matsuzaka will have his elbow examined, which will let the Mets know how to proceed.
Jul 25, 2014, 7:55 PM EDT
Jimmy Rollins needed 1,100 plate appearances total between 2013-14 in order for his $11 million option for 2015 to become guaranteed. He hit PA #1,100 during tonight’s game against the Diamondbacks.
Jul 25, 2014, 7:40 PM EDT
Yasiel Puig and Hanley Ramirez are back. Making things even more interesting, Puig will play center field.
Jul 25, 2014, 6:55 PM EDT
Jesus Montero gets the boot back to Triple-A to make room for the recently-acquired Kendrys Morales.
Jul 25, 2014, 6:10 PM EDT
Dan Uggla is back in the big leagues! What could go wrong?
Jul 25, 2014, 5:19 PM EDT
Career minor leaguer Jake Smolinski got a chance in Texas because of the Rangers’ never-ending injuries and took advantage by hitting .389 in 11 games, but now he’s headed to their crowded disabled list with a bone bruise in his foot.
Jul 25, 2014, 4:45 PM EDT
No word on whether the Dodgers are one of them.
Jul 25, 2014, 4:20 PM EDT
Presumably enough time has passed for some of the animosity to fade, but Ortiz’s at-bats will definitely be worth watching tonight.
Jul 25, 2014, 4:02 PM EDT
Acquired from the Rockies yesterday for cash considerations, left-hander Chris Capuano will join the Yankees’ rotation and make his debut Saturday versus the Blue Jays.
Jul 25, 2014, 3:14 PM EDT
Tonight makes sense. Yesterday’s benching still makes none.
Jul 25, 2014, 2:44 PM EDT
McGuire was the 11th overall pick in 2010 and his pro career got off to a good start, but he’s struggled against more experience competition and has an ERA above 5.00 between Double-A and Triple-A.
Jul 25, 2014, 2:20 PM EDT
Issues caused by pre-existing injuries could lead to more disagreements, such as the one between Brady Aiken and the Astros that was played out on a public stage.
Jul 25, 2014, 1:13 PM EDT
At age 41 he’s at risk to break down, but Colon has a 2.98 ERA in his last 12 starts with a 62/14 K/BB ratio and .217 opponents’ batting average in 85 innings.
Jul 25, 2014, 1:01 PM EDT
Greg Maddux was a magician on the mound, and now he’s going to the Hall of Fame, writes Joe Posnanski.
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