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Post by JohnM on Jan 11, 2014 19:11:47 GMT -5
I guess you are saying his 2009 admissions weren't actionable because their was no evidence he doped as a Yankee? Now they have more details. Worse case they can drive up his legal costs by filing a suit saying he defrauded the Yankees.
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Post by havayankee on Jan 11, 2014 19:28:40 GMT -5
Not really I was raising the possibility that in an ugly fight he could claim they knew he was using substances that he thought were not illegal and yankees went along with it. Sort of a long shot but he has fired may of these and his lawyers will try to muddle up matters to get a settlement. I agree with you, I think Levine hates his guts and if authorized he will sue and then settle for much less. Arod has a gift for playing baseball which he squandered, but the gift of a clear mind he does not have. Not too smart and delusional. Problem with getting puffed up.
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Post by JohnM on Jan 11, 2014 19:37:51 GMT -5
Will be interesting. Randy Levine has this tough persona justified to a degree but he doesn't hate #13. Just deeply disappointed. Levine negotiated that deal with him. Was proud of the deal. He's a Brooklyn guy like me. Has a soft side but hides it. New Stadium never would have been built without him.
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Post by tarheelbomberfan on Jan 11, 2014 20:17:58 GMT -5
I'm glad the cancer that is #13 is gone. Yankees need to do what they can to get out of as much of the rest of the contract as they can, and then get rid of him completely. Then the Marlins can sign him to put some fans in the stands and then poof, he will be out of baseball. He gets no sympathy from me. He chose to cheat, he got caught more than once and now he is going to pay the penalty.
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Post by JohnM on Jan 11, 2014 20:21:26 GMT -5
Marlins building a nice young team. I hope they can approach .500 this year.
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Post by roger on Jan 11, 2014 20:44:52 GMT -5
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Post by JohnM on Jan 11, 2014 21:16:32 GMT -5
Manhattan labor attorney Dan Silverman, who has engaged Major League Baseball in court action, spoke about the process before Horowitz announced his decision. "Even though the federal court might say the number is too high, they're not going to get into it," he said. "That decision is final and binding, and it's very difficult to overturn it unless you can show some fraud or some lack of due process."
Silverman said it does not matter if the court does not agree with the arbitrator's decision. "That's not going to carry the day," he said. "Courts have enforced arbitration awards with very little rationale whatsoever. Justice [William O.] Douglas said in 1960, 'Even the most sophisticated, intelligent judge is not as good as an arbitrator who's familiar with the work practices of the shop.' " Retired Massachusetts federal judge Nancy Gertner said, "The law is very much against a person trying to challenge arbitration. The burden of proof is against you; the presumption is in favor of the arbitral decision. That said, it doesn't mean that there aren't sometimes arbitration decisions that are set aside, but that's not an easy thing to do."
To set aside an arbitration, it must be found that the arbitrator was biased in some way, that the arbitrator prevented the parties from getting meaningful discovery, that there was something wrong with the process or that the arbitrator used the wrong law or ignored the law that existed.
"You really are talking about things that go to the integrity of the process," Gertner said.
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Post by roger on Jan 11, 2014 21:37:06 GMT -5
...thanks john...that is as clear and succinct an explanation of due process relating to this case that I have read...
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Post by goodad on Jan 12, 2014 8:24:21 GMT -5
So the bottom line is we now need a starting 3rd baseman and middle of the lineup guy.
Got it.
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Post by JohnM on Jan 12, 2014 9:05:13 GMT -5
Classic NY Post - Banbimo Attachments:
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Post by YFAlaska/Georgia on Jan 12, 2014 11:00:25 GMT -5
I cheer for baseball on this, I just wish they would have cracked down much sooner, how about 10 years sooner.
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Post by roger on Jan 12, 2014 11:42:45 GMT -5
....wonder if Jeter reached out to him yet ....
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Post by tomt on Jan 12, 2014 13:01:35 GMT -5
Can someone help clarify this. I have read that although suspended #13 can participate in Spring Training. This would be such a distraction. Barring a big deal (i.e. Headley) there will be competition for the 3B position. We need not waste one at bat, ground ball or foul pop on this guy. Let's see Nunie, Johnson, Mustelier or whoever play. If the Yankees say "don't come" are they in violation of the arbitor's ruling? My sense is if they are to release him that wouldn't happen until after the 2014 season. Also, if he decides to get followup surgery on his hips does that effect his suspension and/or compensation? I could see him appeal to a Federal court and then go for surgery as a tactic.
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Post by JohnM on Jan 12, 2014 13:05:37 GMT -5
In the eyes of MLB and MLBPA he is suspended. No court can change that. Yankees may have to pay him but don't have to play him. Technically he can come to Spring Training. Yankees could assign him to the Minor League Complex which is secure from the media and public. We've seen the last of him in pinstripes.
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Post by JohnM on Jan 12, 2014 13:12:44 GMT -5
Common sense says #13 doesn't go to Federal Court.
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Post by roger on Jan 12, 2014 13:18:32 GMT -5
Common sense says #13 doesn't go to Federal Court. .....Common sense and A-Rod are incongruent........
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Post by FastEddie on Jan 12, 2014 14:51:30 GMT -5
Common sense says #13 doesn't go to Federal Court. .....Common sense and A-Rod are incongruent........ That sure sums it up!!!! Post of the year so far!
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Post by JohnM on Jan 12, 2014 15:49:44 GMT -5
@mcculloughsl: The Somerset Patriots of the Atlantic League released a statement saying the club was not interested in signing Alex Rodriguez. Tough crowd.
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Post by tarheelbomberfan on Jan 12, 2014 20:26:58 GMT -5
I hear Japan is a nice place to play:-)
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Post by bruce on Jan 12, 2014 20:45:50 GMT -5
Even though he's not technically barred from attending ST, he'd be persona non grata if he showed up, and he'd be unwelcome too. ;-) No way that would ever be allowed to happen.
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