NEW YORK -- Major League Baseball is seeking a speedy dismissal of New York
Yankees third baseman Alex Rodriguezs lawsuit challenging a season-long
suspension.
Asics Gel Kayano 20 Femme . Howard Ganz, an
MLB lawyer, said in a letter to U.S. District Judge Edgardo Ramos that
Rodriguezs claims do not come "remotely close" to what is needed to overturn an
arbitration decision in federal court. Ganzs letter, dated Monday and filed
Tuesday, said the lawsuit should be tossed because a court is not empowered to
re-examine the merits of an arbitration decision. Ganz said in the letter that
the standard for vacating an arbitration award "is purposefully high and
specifically designed to prevent courts from substituting their own judgment for
that of the labour arbitrators selected by the parties." "A court must confirm
an award even when the arbitrator has offered only a barely colorable
justification for the outcome reached, and even if the court considers the
arbitrators interpretation of the contract to be plainly wrong," he wrote.
Rodriguezs claims in his lawsuit were considered by the arbitrator and resolved
based on evidence and arguments, along with the arbitrators interpretation of
collectively bargained agreements, Ganz said. He also noted that Rodriguez did
not deny engaging in the misconduct that was alleged during the arbitrators
hearing or in his lawsuit. Ramos set Feb. 14 for a conference and directed
lawyers for Rodriguez to respond to the leagues claims in a letter of their own
by Feb. 7. MLB suspended the three-time AL MVP for 211 games last August, and
the players union filed a grievance. Arbitrator Fredric Horowitz on Jan. 11 cut
the suspension to 162 games and the 2014 post-season, concluding Rodriguez used
banned substances each year from 2010-12 and twice tried to obstruct MLBs
investigation. Rodriguez did not testify in the grievance proceeding, walking
out after Horowitz refused to order Commissioner Bud Selig to testify. Rodriguez
sued MLB and the Major League Baseball Players Association on Jan. 13 to
overturn the decision. He accused the league of engaging in "ethically
challenged behaviour" and leaking information to the media in violation of
baseballs confidentiality rules. He also accused Horowitz of acting "with
evident partiality." His lawsuit accused the players union of "bad faith,"
saying its representation during the hearing was "perfunctory at best." In a
footnote, Ganz wrote that the players union plans to seek dismissal of the claim
that it breached its duty of fair representation and said the league will join
in that application to the court. Lawyers for Rodriguez and the players union
did not immediately respond to a message seeking comment.
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Tiger Femme . -- Five former Kansas City Chiefs players who were on
the team between 1987 and 1993 filed a lawsuit Tuesday claiming the team hid and
even lied about the risks of head injuries during that time period when there
was no collective bargaining agreement in place in the NFL.
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Marcell Dareus and the Buffalo Bills defence made life miserable for Super Bowl
MVP Joe Flacco.
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. - Raiders general manager Reggie McKenzie never doubted he would bring back
coach Dennis Allen for a third year despite back-to-back 4-12 records.PEBBLE
BEACH, Calif. - This might be the best way for Peyton Manning to get over the
Super Bowl - a week at Pebble Beach. Manning was a late entry to play in the
AT&T Pebble Beach National Pro-Am, which starts Thursday. He will be the
amateur partner for Scott Langley. Also playing in their group is Greg Owen and
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overwhelmed Manning and the Denver Broncos in a 43-8 win on Sunday to give the
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