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out onto the road for a three-g

  • December 19, 2018

    NEW YORK -- The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension. Cheap Discount Adidas Shoes . 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. Cheap Adidas Shoes Online . Gomes drove in all three runs, including a go-ahead two-run homer in the eighth inning, and Cleveland rallied for a 3-2 win over the Chicago White Sox on Sunday. Adidas Shoes Online Sale . The England international had both goals in TFCs season-opening 2-1 win over the Seattle Sounders on Saturday.For awhile it looked like video-game baseball: The Winnipeg Goldeyes just kept hitting and running and scoring and it didnt matter who was pitching, the Kansas City T-Bones couldnt stop them. When the dust (pixels?) cleared at Shaw Park on Thursday night, the Goldeyes had set a team home record with 25 hits – 20 of which were singles – and blasted the T-Bones 18-10. Ray Sadler belted a homer and had three hits, while Reggie Abercrombie, Casey Haerther and Donnie Webb each had had four hits and Brock Bond, Luis Alen and Ryan Pineda all had three-hit nights. Pineda and Bond each had three RBI, while Sadler, Haerther and Alen had two each and Webb and Kuhn had one each. The Goldeyes scored two runs as a result of wild pitches and another on a passed ball. Sadler, Abercrombie and Bond each scored three runs while Kuhn, Haerther, Webb and Alen all scored twice. With the victory, the Goldeyes swept back-to-back series at home from the Fargo-Moorhead RedHawks and Kansas City. The Goldeyes have now won eight straight games (seven straight at home), 11 of their last 12, are 31-14 on the season and remain at least 6 1/2 games ahead of Fargo and the St. Paul Saints in the race for first in the American Associations North Division. "Ive been struggling, so Im just trying to put a good swing on the ball," said Sadler. "I havent been getting many of my pitches to hit. During this series, it seems theyve been busting me inside all the time so on the home run, I just looked for something inside then tried to get my hands in and put a good swing on it. I didnt know it was out when I hit, but when I heard the crowd, thats when I knew." After going down one-two-three in the first, the Goldeyes opened it up in the second. Sadler led off withh a solo homer and then Donnie Webb singled, Abercrombie singled, Brock Bond singled and Luis Alen singled to drive in Webb. Adidas Shoes Cheap Sale. Then Pineda singled to drive in Abercrombie and Bond. Tyler Kuhn was safe on a fielders choice and then Haerther singled to drive in Alen. A passed ball then scored Kuhn and the Goldeyes had put up a six spot in the second. The Fish scored one in the third as Pineda drove home Bond and then, in the fourth, Winnipeg added three more as Haerther singled, Sadler singled, Abercrombie singled and Bond singled to drive home Haerther and Sadler. Alen then singled to drive home Abercrombie. The Goldeyes scored two more in the fifth with three straight doubles: With one out, Haerther doubled, Sadler doubled to score Haerther and Webb doubled to score Sadler. In the eighth, the Goldeyes added six more runs. The T-Bones scored five in the sixth off Winnipeg starter Nick Hernandez and five in the ninth off reliever Kyle Bellamy. Hernandez (5-0, 3.88 ERA) picked up the win for Winnipeg, while K.C. starter Kyle Devore (2-2, 4.37 ERA) suffered the loss. There was no save, but Taylor Sewitt threw 2.2 innings of outstanding scoreless relief for the Fish. The Goldeyes will now head out onto the road for a three-game series in Fargo. Matt Jackson (6-2, 2.98 ERA) will get the start on Friday night for Winnipeg. Fargo manager Doug Simunic has yet to name his starter. Fridays game can be heard live with Steve Schuster at the microphone beginning with the pre-game show at 6:30 p.m. on The Jewel 101 (100.7 on your dial). The Goldeyes will return home to open three-game series with the Sioux City Explorers next Tuesday night. 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