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Friday, February 07, 2014

A-Rod voluntarily dismisses lawsuit against MLB, MLBPA and Bud Selig

In an odd twist, Alex Rodriguez and his legal team have voluntarily dismissed their lawsuits against Major League Baseball and the player’s union. [...] A-Rod’s camp filed the lawsuit against MLB and MLBPA seeking an injuction that could potentially overturn his record 162-game suspension. The “witch hunt” lawsuit was filed last year and is a separate matter and would not affect the suspension.

Rodriguez can still refile his suit and continue seeking an injunction, or he could simply stop the legal battle and accept the suspension.

Howling John Shade Posted: February 07, 2014 at 05:15 PM | 45 comment(s) Login to Bookmark
  Tags: alex rodriguez, mlbpa, selig

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   1. Al Kaline Trio Posted: February 07, 2014 at 05:24 PM (#4653426)
Is that even legal?
   2. Monty Posted: February 07, 2014 at 05:31 PM (#4653430)
Rodriguez can still refile his suit and continue seeking an injunction, or he could simply stop the legal battle and accept the suspension.


I can't picture him doing the first one, so I guess I think he's doing the second?
   3. Dudefella Posted: February 07, 2014 at 05:34 PM (#4653432)
From the ESPN article:

According to sources familiar with the proceedings, Rodriguez had in recent days made contact with Major League Baseball COO Rob Manfred, who spearheaded baseball's Biogenesis investigation that resulted in the suspensions of 13 players, in the hopes of repairing relations with the league.

"It was a question of either becoming Pete Rose or Ryan Braun,'' said the source, referring to Rodriguez' fear that he would be ostracized from the game the way Rose, baseball's all-time hit leader, has been since it was revealed he gambled on baseball during his time as a manager.


It seems to me that he burned that bridge a long time ago. I'm on A-Rod's side in this (words I never thought I would say...) but I think he would better be hung for a pound.
   4. Johnny Sycophant-Laden Fora Posted: February 07, 2014 at 06:12 PM (#4653448)
According to sources familiar with the proceedings, Rodriguez had in recent days made contact with Major League Baseball COO Rob Manfred, who spearheaded baseball's Biogenesis investigation that resulted in the suspensions of 13 players, in the hopes of repairing relations with the league.


If that's where he's going his best option would be to drop both suits (not just one, and certainly not this one) and publicly confess and apologize to Seligula.
   5. TJ Posted: February 07, 2014 at 06:36 PM (#4653467)
Whaddya know? A-Rod showing some horse sense...
   6. Joyful Calculus Instructor Posted: February 07, 2014 at 07:34 PM (#4653487)
Just trotting away I see.
   7. rr Posted: February 07, 2014 at 08:24 PM (#4653512)
but I think he would better be hung for a pound.

I heard the guy is hung like a horse.
   8. SteveM. Posted: February 07, 2014 at 10:37 PM (#4653540)

I heard the guy is hung like a horse


Until he started doing the steroids...
   9. G.W.O. Posted: February 08, 2014 at 04:12 AM (#4653574)
Looking forward to seeing how the "AROD will win every lawsuit" contingent spin this as evidence they were right all along.

Have at it, fake internet lawyers!
   10. Joe Bivens, Minor Genius Posted: February 08, 2014 at 06:47 AM (#4653577)
IAMNAFIL!
   11. Gonfalon Bubble Posted: February 08, 2014 at 07:30 AM (#4653578)
Wasn't A-Rod injecting Iamnafil?
   12. Publius Publicola Posted: February 08, 2014 at 08:26 AM (#4653590)
Horowitz let him be paid $2.86M? For doing nothing except being suspended? WTF?
   13. bobm Posted: February 08, 2014 at 08:42 AM (#4653595)
[12]
The New York Yankees will save millions in salary and luxury tax payments from the suspension, but they still must cut the third baseman a $3 million check today based on the terms of the 10-year, $275 million contract A-Rod signed as a free agent in December 2007.

A-Rod’s deal called for a $10 million signing bonus with $2 million paid upon approval of the contract, $1 million paid each January 15 between 2009 and 2013 and a final $3 million payment paid on January 15, 2014. Sources confirmed that the Yankees are still obligated to make the $3 million payment despite the suspension.

While many media outlets have reported that A-Rod loses his entire $25 million base salary for 2014, the reality is he will forgo 162/183 or 89% of his annual pay. His suspension is for 162 games, but players are paid over a 183 day season that stretches from the beginning of April to the end of September. A-Rod will collect $2.9 million in salary from the Yankees in 2014, in addition to the $3 million signing bonus he’s owed today.


http://www.forbes.com/sites/kurtbadenhausen/2014/01/15/new-york-yankees-owe-a-rod-3-million-today-despite-season-long-suspension/
   14. Captain Supporter Posted: February 08, 2014 at 09:21 AM (#4653605)
Ray probably still thinks Rodriquez could have won the appeal.

Hopefully, one good thing that comes out of all this is that people have learned enough to never hire Joe Tacopina to "defend" them.
   15. cercopithecus aethiops Posted: February 08, 2014 at 10:44 AM (#4653620)
[12, 13] Yeah, I laughed when I first realized that while A-Rod is suspended without pay on game days, he will be paid for the off-days. Will his pay increase if there's a rainout that's made up as a doubleheader? OTOH, I suppose this is actually how most suspensions work -- if a guy is suspended five games for throwing at someone or charging the mound, and there's an off-day during his suspension, he still gets docked five days pay rather than six. OTOOH, A-Rod's suspension includes the post-season should the Yankees make it, so it's hard to wrap your head around it being 162 games rather than one year. I wonder if he'll be allowed to "re-hab" in the minors late in the season, a la Manny. You know, to get ready for 2015.

[14] Actually, Ray was very clear about how difficult it would be for A-Rod to prevail, basically because courts are extremely reluctant to overturn arbitration awards even in cases where the arbitrator may have erred on matters of law.
   16. Joey B. Posted: February 08, 2014 at 10:51 AM (#4653621)
I assume this means that A-Roid won't be showing up at spring training after all? ROTFLMAO.

Ray probably still thinks Rodriquez could have won the appeal.

Hopefully, one good thing that comes out of all this is that people have learned enough to never hire Joe Tacopina to "defend" them.


No doubt Tapioca looks like one of the biggest clowns in the history of the law, but Clarence Darrow himself couldn't have gotten A-Roid off the hook.
   17. cercopithecus aethiops Posted: February 08, 2014 at 10:55 AM (#4653623)
The suspension doesn't include spring training, so that's a completely separate issue from the litigation. In fact, it's arguable that he is contractually obligated to attend ST.
   18. Joey B. Posted: February 08, 2014 at 11:09 AM (#4653632)
The suspension doesn't include spring training, so that's a completely separate issue from the litigation. In fact, it's arguable that he is contractually obligated to attend ST.

Do you actually think A-Roid is going to play again?
   19. cercopithecus aethiops Posted: February 08, 2014 at 11:12 AM (#4653633)
No idea. Don't really care. Sorry to disappoint you.
   20. cercopithecus aethiops Posted: February 08, 2014 at 11:40 AM (#4653638)
...his best option would be to drop both suits...


There were more than two suits against these parties, and it sounds like he's dropped all of them. He is still suing Christopher Ahmad and New York-Presbyterian Hospital for malpractice relating to his second hip injury.
   21. Joey B. Posted: February 08, 2014 at 12:09 PM (#4653646)
No idea. Don't really care. Sorry to disappoint you.

Well, there's no way in hell the Yankees are going to allow him to show up at spring training, and he would be stupid to show up down there given that he is reviled by pretty much everyone in the game now. That comment you made was silly.
   22. Joyful Calculus Instructor Posted: February 08, 2014 at 12:14 PM (#4653647)
Ray probably still thinks Rodriquez could have won the appeal.


The trial is over. It's always been over.
   23. esseff Posted: February 08, 2014 at 12:31 PM (#4653651)
OTOH, I suppose this is actually how most suspensions work -- if a guy is suspended five games for throwing at someone or charging the mound, and there's an off-day during his suspension, he still gets docked five days pay rather than six.


If a guy is suspended for throwing at someone or charging the mound, he's docked zero days' pay, regardless of length of suspension and off days.
   24. pkb33 Posted: February 08, 2014 at 12:40 PM (#4653653)
Not clear what basis ARod every had in these suits...and I say that as someone who despises MLB's approach to steroid issues generally.

ARod is no doubt a very tough client, and likely 'forum shopped' for a lawyer who would represent his crazy approach here. Nonetheless, it makes Tacopina look almost as bad as Rusty Hardin.
   25. cercopithecus aethiops Posted: February 08, 2014 at 12:55 PM (#4653654)
That comment you made was silly.


If you say so. But silly or not, it is true. Once the Yankees tell him that they don't want him showing up, it will be different. AFAIK, they have not yet done that. No matter how many people want the guy to just disappear, and no matter how badly those people want that, the fact remains that the contractual rules still apply to him. Unless and until the Yankees do something to make him go away, he ain't going away.

If a guy is suspended for throwing at someone or charging the mound, he's docked zero days' pay, regardless of length of suspension and off days.


I did not know that. Always thought that those silly incidents at least had the virtue of benefiting some charity or other. Thanks.
   26. maven of all things baseball Posted: February 08, 2014 at 03:13 PM (#4653692)
From Forbes:
While many media outlets have reported that A-Rod loses his entire $25 million base salary for 2014, the reality is he will forgo 162/183 or 89% of his annual pay. His suspension is for 162 games, but players are paid over a 183 day season that stretches from the beginning of April to the end of September. A-Rod will collect $2.9 million in salary from the Yankees in 2014, in addition to the $3 million signing bonus he’s owed today.


I wonder if ARod can still claim the road-trip per diem which players receive over and above their contract salary. Last year, it was just under $100/day (not game). That figures to something near 10K a season (when including spring training).
   27. FrankM Posted: February 08, 2014 at 08:25 PM (#4653741)
That Forbes quote seems goofy. If he's suspended for 162 games, that covers 183 days (or whatever number of days). The suspension is games, not days.
   28. Joey B. Posted: February 09, 2014 at 12:13 PM (#4653843)
Looking forward to seeing how the "AROD will win every lawsuit" contingent spin this as evidence they were right all along.

Have at it, fake internet lawyers!


Not too surprisingly, most of the dipshits have nothing at all left to say. I guess they're as cowardly as they are stupid and wrong.
   29. Never Give an Inge (Dave) Posted: February 09, 2014 at 01:45 PM (#4653885)
Looking forward to seeing how the "AROD will win every lawsuit" contingent spin this as evidence they were right all along.

Who said that? Even A-Rod's staunchest defenders here (of which I was not one) generally admitted that his chances of winning in court after the arbitration hearing were quite slim.

What did Braun do during his suspension, just stay home and work out on his own? If A-Rod said he wanted to come to spring training and continue to work out with the team during his suspension in order to stay in baseball shape, what grounds would the Yankees have to keep him out? He's still under contract after the suspension; and if the Yankees were smart they'd try to maximize the value of that remaining contract.

Not too surprisingly, most of the dipshits have nothing at all left to say. I guess they're as cowardly as they are stupid and wrong.

As usual, one ####### stands taller than the rest.
   30. Gonfalon Bubble Posted: February 09, 2014 at 01:57 PM (#4653890)
Joey's posts are more entertaining if you picture him punching them into his battered keyboard, punching "submit," and then going outside to shout abuse at birds.
   31. greenback votes nefariously Posted: February 09, 2014 at 02:26 PM (#4653905)
Is 'dismiss' the appropriate verb here? I thought only judges dismissed lawsuits, and plaintiffs dropped them.
   32. Dudefella Posted: February 09, 2014 at 08:53 PM (#4653991)
Fed. R. Civ. Proc. 41(a)

Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:

(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or

(ii) a stipulation of dismissal signed by all parties who have appeared.

(a) Effect. Unless the notice or stipulation states otherwise, the dismissal is without prejudice. But if the plaintiff previously dismissed any federal- or state-court action based on or including the same claim, a notice of dismissal operates as an adjudication on the merits.
   33. Bug Selig Posted: February 10, 2014 at 07:04 AM (#4654077)
Is 'dismiss' the appropriate verb here? I thought only judges dismissed lawsuits, and plaintiffs dropped them.


And while we're at it, WTF does "voluntarily" add to the headline. Is there an alternative? "A-Rod Dismisses Lawsuits Because He Got Stuck In A Really Bad Storm?" Of course it was voluntary.
   34. Bitter Mouse Posted: February 10, 2014 at 08:41 AM (#4654090)
Oh well the comedy of it all had to wind down at some point. It was (is?) a witchhunt (centaur hunt?), but it was an entertaining one at least. Now it is just sordid and distasteful. At least Joey is keeping it classy.
   35. Johnny Sycophant-Laden Fora Posted: February 10, 2014 at 10:07 AM (#4654143)
Looking forward to seeing how the "AROD will win every lawsuit" contingent spin this as evidence they were right all along.

Who said that?


No one, not even Ray.
   36. bunyon Posted: February 10, 2014 at 10:21 AM (#4654157)
I can't believe a sabr site is worrying about who won and lost the case. Wins and losses are really poor metrics. Surely we should be looking to improve how we gauge lawsuits.
   37. Gonfalon Bubble Posted: February 10, 2014 at 10:39 AM (#4654167)
Also, A-Rod's futile lawsuit stayed in play 31% longer than other similarly pyrrhic filings, giving him a 131 CHUMP+.
   38. Ron J2 Posted: February 10, 2014 at 11:32 AM (#4654214)
#9 Most of the actual lawyers here expected the arbitrators ruling to be in the 50-65 game range -- they were certainly wrong here (so was I).

The lawyers gave a very low chance of success in any lawsuit appealing the ruling. But saw it as perhaps worthwhile from a cost/benifit POV. Very low chance of success, but not huge costs and any success would be very good for him.

The lawsuit against the PA? Don't think anybody ventured a guess. This is one where the devil is very much in the details.

The other lawsuits? Based on what we know, probably longshots.
   39. Der-K is at half whelm. Posted: February 10, 2014 at 11:55 AM (#4654240)
A-Rod never meant to do this anyway - he thought he was asked about filly appeal.
   40. Bitter Mouse Posted: February 10, 2014 at 12:15 PM (#4654271)
36 is great.
   41. Joey B. Posted: February 10, 2014 at 04:30 PM (#4654444)
The creepy stalker's posts are more entertaining if you picture him punching them into his cell phone while standing outside an elementary school wearing a raincoat on a sunny day.
   42. Johnny Sycophant-Laden Fora Posted: February 10, 2014 at 04:47 PM (#4654449)
At least Joey is keeping it classy.


by his standards yes, yes he is.
   43. thetailor Posted: February 11, 2014 at 10:10 AM (#4654722)
Not too surprisingly, most of the dipshits have nothing at all left to say. I guess they're as cowardly as they are stupid and wrong.

I know I missed a lot of the debate here, but I thought that A-Rod's lawsuit could have had some merit to it. Sure, it was a long shot, but a long shot isn't meritless. As long as someone can argue in good faith for the modification or extension of existing law, there is merit.

My take on it is that the MLBPA apparently agreed, unknowingly, to a system whereby the Commissioner has basically unfettered power to suspend players for non-analytical positives. It's hard to believe that that is what the players intended to be collectively bargained.

A-Rod is likely SOL, but he's the one suffering from the MLBPA's poor negotiation and from MLB's specific intention to target him. Unfair? Sure. Illegal? Don't think so. But still, I don't think you have to be a ####### to look at the facts and go, "hmm".
   44. Russ Posted: February 11, 2014 at 11:59 AM (#4654813)
I can't believe a sabr site is worrying about who won and lost the case. Wins and losses are really poor metrics. Surely we should be looking to improve how we gauge lawsuits


Actually, you would probably not want to judge a lawyer based solely on their winning percentage, so even your sarcasm shows that the saberists have it right.
   45. Pat Rapper's Delight Posted: February 11, 2014 at 12:13 PM (#4654829)
Actually, you would probably not want to judge a lawyer based solely on their winning percentage,

By my understanding, the only statistic that matters to the legal profession is how many hours you can bill your clients on behalf of the firm.

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