OT: Rodriguez Sues M.L.B., Claiming a ‘Witch Hunt’

Fugu

RIP Barb
Nov 26, 2004
36,952
220
϶(°o°)ϵ
I think this has relevancy insofar as CBAs, drug testing programs and player rights are concerned, regardless of the league.

The MLBPA had also filed a grievance protesting A-Rod's suspension on the grounds that the league violated the CBA/drug program.


http://www.nytimes.com/2013/10/05/sports/baseball/rodriguez-sues-mlb-claiming-a-witch-hunt.html?_r=0

The lawsuit specifically accuses Major League Baseball of engaging in “tortious interference,†essentially interfering with Rodriguez’s existing contracts and future business relationships.
Major League Baseball, in a statement Friday, said, “We vehemently deny the allegations in the complaint,†while a spokeswoman for Bosch on Friday denied that Bosch had been paid for his cooperation.
The suit, in State Supreme Court in Manhattan, came just days after Rodriguez’s lawyers began appealing the 211-game ban issued by Major League Baseball. It is unclear if the suit will affect the arbitration hearing, which is taking place behind closed doors.

A-Rod's side claims up to $5 MM was paid to get Bosch's cooperation.




MLB's response:
In its statement Friday, Major League Baseball said:
“For the more than four decades that we have had a collective bargaining relationship with the Major League Baseball Players Association, every player and club dispute has gone through the jointly agreed upon grievance process. This lawsuit is a clear violation of the confidentiality provisions of our drug program, and it is nothing more than a desperate attempt to circumvent the collective bargaining agreement.



“While we vehemently deny the allegations in the complaint, none of those allegations is relevant to the real issue: whether Mr. Rodriguez violated the Joint Drug Prevention and Treatment Program by using and possessing numerous forms of prohibited performance-enhancing substances, including testosterone and human growth hormone, over the course of multiple years and whether he violated the basic agreement by attempting to cover up his violations of the program by engaging in a course of conduct intended to obstruct and frustrate the Office of the Commissioner’s investigation.â€




Finally, I think several BOH regulars will be pleased to reacquaint themselves with “tortious interfeenceâ€.
 

gstommylee

Registered User
Jan 31, 2012
14,400
2,742
A-rod may just open a whole can of worms against himself. A-rod suing MLB itself a violation since the appeal process is still on going over the ban. Arod can not sue MLB he can only appeal the suspension but he can sue afterwoods if its upheld. Nevermind MLB can actually publicly reveal all the documents they have against A-rod during the discovery phase.
Including such that he interfered with the MLB investigation.
 

Fugu

RIP Barb
Nov 26, 2004
36,952
220
϶(°o°)ϵ
Well, we're getting everything here. Can a league employ tactics beyond those outlined in a drug testing program within a CBA to pursue an investigation of a player; and where do you draw the line with said tactics.

It's interesting to see 'collusion' thrown into the fray, and previous inaction on the part of the league. Is the double-whammy some people cited when this story first broke?



Rodriguez's complaint alleges that MLB paid $150,000 in cash for stolen records related to Rodriguez. His lawyers also claim that MLB paid Tony Bosch, the former head of Biogenesis, $5 million "to buy his cooperation" and alleges that MLB investigator Dan Mullin engaged in "an inappropriate sexual relationship with a witness whom he himself interviewed about the Biogenesis matter."
...
Major League Baseball issued a statement chiding Rodriguez's camp for airing its grievances outside the provisions of the game's collective bargaining agreement, calling the suit a "clear violation of the confidentiality provisions of our drug program, and it is nothing more than a desperate attempt to circumvent the Collective Bargaining Agreement."

"While we vehemently deny the allegations in the complaint," MLB said in its statement, "none of those allegations is relevant to the real issue: whether Mr. Rodriguez violated the Joint Drug Prevention and Treatment Program by using and possessing numerous forms of prohibited performance-enhancing substances, including testosterone and human growth hormone, over the course of multiple years and whether he violated the Basic Agreement by attempting to cover-up his violations of the Program by engaging in a course of conduct intended to obstruct and frustrate the Office of the Commissioner's investigation."


Rodriguez's appeal of his 211-game suspension before arbitrator Fredric Horowitz began Monday, with Bosch among those providing testimony on behalf of Major League Baseball. A ruling on his suspension - which could be overturned, upheld or reduced - is not expected until next month.


But A-Rod's legal team has chosen to launch a separate offensive, via the legal system.
Rodriguez argues that Selig's desire to burnish his legacy has driven the commissioner to single out the player in his fight against performance-enhancing drugs.
"Commissioner Selig," the lawsuit alleges, "and MLB persistently have employed powers not available to them under the collectively-bargained agreements between MLB and its union in order to make an example of Mr. Rodriguez, so as to gloss over Commissioner Selig's past inaction and tacit approval of the use of performance-enhancing substances ("PES") in baseball (not to mention his multiple acts of collusion), and in an attempt to secure his legacy as the "savior" of America's pastime."


http://www.usatoday.com/story/sport...uit-major-league-baseball-mlb-doping/2922019/
 

Section337

HFBoards Sponsor
Sponsor
Jul 7, 2007
5,347
707
Edmonton, AB
This is actually the first interesting question for me in this story. I have been confused about both MLB and NCAA investigative powers. I am not a fan of them using the judicial system to force someone into giving "state" evidence.
 

Fugu

RIP Barb
Nov 26, 2004
36,952
220
϶(°o°)ϵ
A-rod may just open a whole can of worms against himself. A-rod suing MLB itself a violation since the appeal process is still on going over the ban. Arod can not sue MLB he can only appeal the suspension but he can sue afterwoods if its upheld. Nevermind MLB can actually publicly reveal all the documents they have against A-rod during the discovery phase.
Including such that he interfered with the MLB investigation.


I'm not so sure. It may depend on exactly what the CBA allows in terms of investigation of individual players. There are two issues, from what I can gather-- the CBA aspect which the MLBPA is handling and A-Rod's personal grievance that he was singled-out and pursued outside the confines of what was allowed in the CBA. I'm not sure that the CBA's confidentiality aspect would overrule an issue of one player being singled out (and thus "harmed') if that is indeed what happened, and if the evidence used against him was gained by huge payments to the key witness.
 

gstommylee

Registered User
Jan 31, 2012
14,400
2,742
Well, we're getting everything here. Can a league employ tactics beyond those outlined in a drug testing program within a CBA to pursue an investigation of a player; and where do you draw the line with said tactics.

It's interesting to see 'collusion' thrown into the fray, and previous inaction on the part of the league. Is the double-whammy some people cited when this story first broke?






http://www.usatoday.com/story/sport...uit-major-league-baseball-mlb-doping/2922019/

But the CBA doesn't give A-rod the right to sue with out going through current available options ie appeal it to the sports court.

If A-Rod has done something outright illegal (interfering with an investigation for example), then how does the drug policy never-mind CBA even apply?
 

gstommylee

Registered User
Jan 31, 2012
14,400
2,742
I'm not so sure. It may depend on exactly what the CBA allows in terms of investigation of individual players. There are two issues, from what I can gather-- the CBA aspect which the MLBPA is handling and A-Rod's personal grievance that he was singled-out and pursued outside the confines of what was allowed in the CBA. I'm not sure that the CBA's confidentiality aspect would overrule an issue of one player being singled out (and thus "harmed') if that is indeed what happened, and if the evidence used against him was gained by huge payments to the key witness.

The whole lawsuit violates the CBA though. Its sad how much Arod is turning this whole issue into a circus of him being the "victim". I can't wait to see him out of baseball.
 

Fugu

RIP Barb
Nov 26, 2004
36,952
220
϶(°o°)ϵ
The whole lawsuit violates the CBA though. Its sad how much Arod is turning this whole issue into a circus of him being the "victim". I can't wait to see him out of baseball.


Moyes putting the Coyotes into bankruptcy violated his contract with the NHL. However bankruptcy laws trump that type of deal. The NHL, of course, could still pursue a civil case against Moyes for said violation.


I think where I disagree with you is that IF MLB used means outside the drug program to pursue A-Rod, and violated its own CBA, the result of that investigation cannot be rescinded. It's been publicized, he's been 'harmed' financially and perhaps otherwise. The CBA would only allow the suspension itself to be rescinded. If he wasn't treated like every other signatory of the CBA (the players collectively), I think he has a case.
 

Fugu

RIP Barb
Nov 26, 2004
36,952
220
϶(°o°)ϵ
This is actually the first interesting question for me in this story. I have been confused about both MLB and NCAA investigative powers. I am not a fan of them using the judicial system to force someone into giving "state" evidence.


I think this case is very intriguing legally. Just how much of your personal rights can be signed away in a CBA as well. The whole drugging issue is wrought with loopholes and concerns, which I believe is something Don Fehr originally cited in his opposition to drug testing/enforcement in MLB.
 

AdmiralsFan24

Registered User
Mar 22, 2011
14,979
3,896
Wisconsin
This is actually the first interesting question for me in this story. I have been confused about both MLB and NCAA investigative powers. I am not a fan of them using the judicial system to force someone into giving "state" evidence.

This is my big issue. Threaten to sue Bosch into financial ruin but then be best friends/protect him if he gives you the evidence you're looking for.

Nobody is going to not give up the evidence when they're threatened with financial ruin.
 

Captain Mittens*

Guest
Be a man Arod.

Look at Giambi, Sheffield, Pettite... they nutted up and admitted it and no one cares.
Mc Guire pussed out a little but he gets more of the benefit of the doubt.
Bonds? Don't get me started

But what you are doing is worse than what Bonds did...
 

GuelphStormer

Registered User
Mar 20, 2012
3,808
497
Guelph, ON
I love public airing of dirty laundry. Personally, Im more than happy enough to just pull up a lawn chair and watch **** hit the fan.

Gov. Jesse Ventura (insert trite, but likely valid, dismissal here) was on the Howard Stern Show this week and said that if Vince McMahon could be indicted for steroid use in professional wrestling ... ie., entertainment, not real ... then Bud Selig should be in jail.

Count me among those who see the commissioners of these league as being more guilty of any wrong-doing than any individual or collective of players could ever be. CBAs are meaningless pieces of paper if you as commissioner, are genuinely committed to cleaning up your sport. Selig has been happy enough to look the other way for years now. I hope A-Rod's legal team rakes his hypocritical *** over the coals in this suit.

/rant :)
 

cutchemist42

Registered User
Apr 7, 2011
6,705
220
Winnipeg
What bugs me about this is how it looks like Bud is only doing this to help his hide. He knows deep down he let the roids get out-of-hand to help baseball, while at the same time wants to be seen as fightign them years later. I feel like this ARod battle is this fight.
 

mouser

Business of Hockey
Jul 13, 2006
29,285
12,586
South Mountain
One interesting thing about the filing is that it doesn't explicitly ask the court to overturn the suspension. Asks for compensatory & punitive damages, legal fees and "Such other and further relief as the Court deems just, proper and equitable."

Random thought: is it improper for ARod to complain about this whole thing being a witch-hunt if indeed he is a witch?
 
Last edited:

FakeKidPoker*

Guest
A-Rod is a great baseball player and what the dinosaurs at MLB are doing is just completely wrong.

Hopefully A-Rods suspension is completely dismissed.
 

Ad

Upcoming events

Ad

Ad

-->