Sunday, 12 January 2014

Legal Strategy for Alex Rodriguez after Suspension Reduced to entire 2014 season

I have a new article for that examines the reduction in Alex Rodriguez's suspension and outlines his legal strategy going forward.  Here is an excerpt:

Rodriguez's attorneys are also likely to struggle to prove the necessary elements for a preliminary injunction. A judge would balance four factors in reviewing whether to grant an injunction.

First, Rodriguez would have to show he has a substantial likelihood of success on the merits. The problem for Rodriguez is that federal courts are highly deferential to arbitration rulings and Horowitz is both experienced and respected. Rodriguez would have to supply compelling evidence that Horowitz exhibited what's known as a "manifest disregard of the law" in his decision-making. This standard usually requires a showing that the arbitrator made an egregious error in evaluating the evidence or otherwise ignored basic legal principles. It seems unlikely that Horowitz made such an error. Rodriguez may highlight how Selig avoided having to testify, but it's unclear why Selig "had" to testify to make the arbitration valid. Selig, according to published reports, has never testified in an arbitration related to performance-enhancing drugs. 

In addition, the fact that the players' association did not formally challenge Selig's absence does not help Rodriguez's case. Rodriguez would also assert that MLB strategically leaked information to sympathetic media members as a way of undermining his chances in arbitration, but proving such a claim with actual evidence would be difficult. 

To read the rest, click here.

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