Not that I'm aware of.
Not that I'm aware of.
It's not at all clear that a single "non-analytical positive" would lead to a greater punishment than a single positive test. There has been a great deal of chatter on this question, with some arguing that a non-analytical positive falls under a catch-all provision of the JDA, and thus outside the 50-100-lifetime…
Gabe lays it out perfectly.
Sorry to "punt" here, but it very much depends on the state of the evidence. Sometimes, you have a case where you are challenging or defending a legal principle — an interpretation of a statute, let's say, where evidence doesn't matter all that much. Here, it's just the opposite. There are important principles at play…
In general, when a collective bargaining agreement has a grievance procedure and says — as the CBA does here — that all decisions by the arbitrator are final and binding, courts will not interfere with those decisions. There is US Supreme Court precedent dating back decades that says grievance arbitration decisions…
In general, when a collective bargaining agreement has a grievance procedure and says — as the CBA does here — that all decisions by the arbitrator are final and binding, courts will not interfere with those decisions. There is US Supreme Court precedent dating back decades that says grievance arbitration decisions…
It's difficult to answer this question without knowing exactly what documents and testimony MLB has to support its case. Personally, I'd love to see MLB forced to defend a suspension under the CBA because I think the league is overreaching here. But if the evidence is overwhelming and credible, then A-Rod needs to…
If the league suspends A-Rod under the CBA, the suspension would take effect immediately. (Under the JDA, A-Rod can continue rehabbing/playing until the appeal is resolved). A-Rod would file a grievance against the league for the suspension under the CBA. That grievance would be sent to the arbitrator, Frederic…
Seems to me it's more about Bud Selig's legacy than anything else.
The argument is that if 9 players agree to suspensions, that strengthens the case that Tony Bosch, Porter Fischer and the documents they turned over are credible. That's true to some extent but the evidence the league purportedly has against A-Rod differs in breadth and scope and covers significantly more time and…
We don't know, exactly. From the information that's been leaked, A-Rod may have used PEDs for a longer period of time, assisted Biogenesis in recruiting athletes to the clinic, and obstructed MLB's investigation. Whether any of those things actually happened, and what the evidence is to support it, is anyone's guess…
Check out the answers in the other threads. We've addressed this.
Jeff Fannell can answer this best. My limited understanding is that the MLPBA doesn't want to defend the players against whom there is overwhelming evidence of PED use IF the punishments are reasonable. That reflects, in part, an apparent change in outlook by the players themselves. But I do think the union will take…
To the extent MLB is worried about its evidence holding up in an arbitration — because it either paid for documents or paid off Bosch for his cooperation — then it would lean toward making a deal with A-Rod. Forcing A-Rod into an arbitration hearing by insisting on either a lifetime ban or something greater than 150,…
Based on the information that's publicly available, a lifetime ban for A-Rod would be unprecedented in my view. Unless there is conclusive evidence that A-Rod on three, separate and distinct occasions used or possessed PEDs, then the lifetime ban under the 50-100-lifetime schedule in the JDA wouldn't kick in. Strikes…
There is no procedure in the CBA or the JDA for making the evidence public. Nevertheless, if A-Rod and/or other players appeal, there will undoubtedly be more leaks about the evidence at issue in the hearing. It's a shame, really, because even though MLB is a private entity, it has a very public profile. All we have…
The CBA and JDA create the legal rights and responsibilities of the parties. As noted, the CBA gives MLB greater discretion because the JDA has a specific 50-100-lifetime regime. MLB is trying to push A-Rod's conduct into the CBA world — apply the "just cause" and "integrity of the game" provisions based on purported…
Further, under the "just cause" and "integrity of baseball" provisions, there is not prescribed number of games for a suspension. By contrast, the Joint Drug Agreement states that a first violation results in 50 games, second in 100 games, third in a lifetime ban. There has been some debate on whether the evidence…
There are two provisions in the CBA that MLB seems to be focusing on. There is a "just cause" provision, which essentially says that MLB can suspend a player for conduct that is materially detrimental or prejudicial to baseball. If a player is suspended on that provision, there is a grievance procedure before an…