Alex no star in This courtroom
The decision in Alex Rodriguez’s arbitration matter is expected to be handed down any time now, and already A-Rod’s mouthpieces are hinting that they will seek injunctive relief if the panel upholds, or doesn’t drastically mitigate, Rodriguez’s performance-enhancing drug suspension.
It seems the lawyers are less than con f ident about a “favorable” decision.
A-Rod’s people are saying that the arbitration process was unfair, especially with MLB personnel allegedly using underhanded investigative techniques in a blatant attempt to “get” the Yankee star. The argument will likely be why not let A-Rod play ball while a court has a chance to review all the evidence relating to the arbitration and MLB’s actions with respect to various witnesses?
Unfortunately for Rodriguez, courts rarely grant injunctive relief with respect to an arbitrator’s decision, as it is considered a drastic remedy available only if the litigant can establish a clear right to relief, and show that they are likely to prevail on the merits.
Also, the litigant typically must show some sort of irreparable harm that could not be cured by money.
Certainly, if ARod was found by a court to have been wrongly suspended, the Yankees would be obligated to pay his salary, and it is difficult to see what other harm would be suffered by Rodriguez. For example, if the arbitrator were to suspend A-Rod for 100 games or more, and a court were to later find the ruling unfair, A-Rod gets his money. No harm, no foul. Interestingly, Rodriguez did not take the stand during the arbitration hearing, but instead his
lawyers hurled allegation after allegation against MLB’s investigators. It would make a powerful impact if Rodriguez submitted a sworn affidavit with any court filings that clearly states he hasn’t taken any performance-enhancing drugs since the last time he lied about taking performanceenhancing drugs.
Of course, submitting a false affidavit to a court is a basis for a criminal prosecution.
I have no idea whether A-Rod took performance-enhancing drugs since the last time he admitted to taking performanceenhancing drugs, but I do know that since that time he has had dealings with Dr. Anthony Galea (who pled guilty to importing human growth hormone), Tony Bosch (who admits giving numerous MLB players performanceenhancing drugs) and another well-known character previously associated with supplying athletes with performance-enhancing drugs.
I am pretty sure the former AllStar wasn’t soliciting advice on hitting a curve from these people.
Also, A-Rod’s mantra that the arbitration process is unfair isn’t likely going over big with his fellow union members or anyone familiar with past arbitrations. Indeed, Jeff Monhait wrote a persuasive law-review article for Harvard’s Journal of Sports & Entertainment Law that detailed the history of baseball’s arbitration process and noted that union members viewed the process as fair, at least with respect to salary disputes.
While it is undeniable that A-Rod was a special player on the field, it is difficult to imagine that a court is going to find that A-Rod is a special plaintiff in the courtroom. Even in Armani pinstripes. − New York attorney Tom Harvey is the Daily News’ legal analyst.