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NEW YORK -- The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension. [url=h

in Staff Applications - Post HERE! Mon Dec 04, 2017 8:18 am
by jokergreen0220 • 285 Posts

NEW YORK -- The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension. Andrej Sekera Jersey . For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s. "I dont think he has very much of a chance," said Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot." The Joint Drug Agreement between Major League Baseball and the players association gives the sports three-person arbitration panel -- the independent arbitrator plus one representative of management and the union -- jurisdiction to review discipline resulting from violations. The union filed a grievance after baseball Commissioner Bud Selig suspended Rodriguez for 211 games last August, and arbitrator Fredric Horowitz presided over 12 days of hearings last fall and cut the penalty Saturday to 162 games plus the 2014 post-season. Rodriguez is expected to sue under section 301 of the Labor Management Relations Act of 1947, also known as Taft-Hartley, which allows actions for violations of collective bargaining agreements. "There are very specific and narrow grounds for overturning an arbitration award," said Jeffrey Kessler, a partner at Winston & Strawn who has represented players and unions in many sports. "Either there has to be a showing of partiality by the arbitrator, or there has to be a showing that there as a manifest disregard of some settled legal principle, or there has to be a fundamental denial of whats called arbitral due process -- the procedures were completely defective -- or it could be in a collective bargaining context a decision thats contrary to what we call the essence of the CBA. So basically there are four targets and they have to hit one of them, and theyre not easy." Garvey had sought about $3 million from the $280 million settlement in the collusion cases. While the 9th U.S. Circuit Court of Appeals ruled for Garvey and overturned the decision by arbitrator Thomas Roberts, the Supreme Court reversed. "Established law ordinarily precludes a court from resolving the merits of the parties dispute on the basis of its own factual determinations, no matter how erroneous the arbitrators decision," the court wrote in an 8-1 decision. Rodriguezs lawyers are expected to request a preliminary injunction and attempt to depose Selig -- Horowitz refused to compel Selig to testify at the arbitration, and Rodriguez then walked out of the hearing. MLB may attempt to quash a subpoena and force a judge to rule. "Theres a good arbitrator there, and Im sure he was very careful to pay attention to the record," said George Nicolau, baseballs arbitrator from 1986-95. "No court is ready to overturn that, I think, based on longstanding decisions." The Supreme Court ruled in 1960 that "the refusal of courts to review the merits of an arbitration award is the proper approach to arbitration under collective bargaining agreements. The federal policy of settling labour disputes by arbitration would be undermined if courts had the final say on the merits of the awards." In that case, United Steelworkers of America v. Enterprise Wheel and Car Corp., Justice Stephen O. Douglas wrote "an arbitrator is confined to interpretation and application of the collective bargaining agreement; he does not sit to dispense his own brand of industrial justice." That case was cited by the 8th U.S. Circuit Court of Appeals in 1976 when it refused a request by MLB to vacate the decision by arbitrator Peter Seitz overturning baseballs reserve clause in the Andy Messersmith-Dave McNally case. Carolina Hurricanes Jerseys . Messis father, Jorge Horacio Messi, is apparently still under investigation for an alleged 4 million euros ($5.3 million) in unpaid taxes from Messis image rights from 2007-09. Messis public relations firm confirmed Spanish media reports that the state prosecutor has asked for Messi to be dropped from the investigation that began in June 2013. Jaccob Slavin Jersey .C. -- The Edmonton Oilers used a late-power-play goal to get a hard-fought road victory. http://www.hockeyhurricanes.com/victor-rask-hockey-jersey/ . The Raptors general manager has his list of possible draft selections whittled down to a handful ahead of Thursday nights NBA draft in Brooklyn, New York. The Raptors, who have auditioned dozens of players over the past couple of weeks, have the 20th overall pick in the first round, as well as the 37th and 58th picks in the second.EDMONTON -- Veterans Kim Gaucher and Shona Thorburn will lead Canadas womens basketball team in a three-game exhibition series against No. 7 Brazil. The games, June 26, 27 and 28 in Edmonton, are part of the ninth-ranked Canadians preparations for the womens world championships this fall in Turkey. "We are excited to take on a strong opponent to begin our preparation for (Turkey)," head coach Lisa Thomaidis said in a release. "Every player at our training camp has shown tremendous heart and determination, annd I am excited to see what we can do against a talented team like Brazil. Teuvo Teravainen Jersey. " Gaucher, from Mission, B.C., has made 149 appearances in 11 seasons with Canadas senior team, while Thorburn, from Hamilton, Ont., has played in 88 games over eight seasons. The roster also includes Edmonton sisters Michelle and Katherine Plouffe. Notably absent is Notre Dame star Natalie Achonwa, who is recovering from a torn ACL suffered during March Madness. The womens world championships are Sept. 27 to Oct. 5. Cheap NFL Jerseys Wholesale Jerseys Wholesale NFL Jerseys Jerseys From China Wholesale NFL Jerseys Cheap NFL Jerseys Cheap Jerseys ' ' '

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