NEW YORK -- The odds are against Alex Rodriguez in federal court as he tries to overturn his season-long drug suspension. Gerrit Cole Jersey
. For the past five decades, the U.S. Supreme Court has set narrow grounds for judges to consider when evaluating lawsuits to overturn arbitration decisions. That position was reaffirmed in 2001 when it ruled against Steve Garvey in his suit against the Major League Baseball Players Association stemming from the collusion cases of the 1980s. "I dont think he has very much of a chance," said Stanford Law School professor emeritus William B. Gould IV, the former chairman of the National Labor Relations Board. "There are many cases that are appealed from arbitration awards, but the case law at the Supreme Court level makes success very much a long shot." The Joint Drug Agreement between Major League Baseball and the players association gives the sports three-person arbitration panel -- the independent arbitrator plus one representative of management and the union -- jurisdiction to review discipline resulting from violations. The union filed a grievance after baseball Commissioner Bud Selig suspended Rodriguez for 211 games last August, and arbitrator Fredric Horowitz presided over 12 days of hearings last fall and cut the penalty Saturday to 162 games plus the 2014 post-season. Rodriguez is expected to sue under section 301 of the Labor Management Relations Act of 1947, also known as Taft-Hartley, which allows actions for violations of collective bargaining agreements. "There are very specific and narrow grounds for overturning an arbitration award," said Jeffrey Kessler, a partner at Winston & Strawn who has represented players and unions in many sports. "Either there has to be a showing of partiality by the arbitrator, or there has to be a showing that there as a manifest disregard of some settled legal principle, or there has to be a fundamental denial of whats called arbitral due process -- the procedures were completely defective -- or it could be in a collective bargaining context a decision thats contrary to what we call the essence of the CBA. So basically there are four targets and they have to hit one of them, and theyre not easy." Garvey had sought about $3 million from the $280 million settlement in the collusion cases. While the 9th U.S. Circuit Court of Appeals ruled for Garvey and overturned the decision by arbitrator Thomas Roberts, the Supreme Court reversed. "Established law ordinarily precludes a court from resolving the merits of the parties dispute on the basis of its own factual determinations, no matter how erroneous the arbitrators decision," the court wrote in an 8-1 decision. Rodriguezs lawyers are expected to request a preliminary injunction and attempt to depose Selig -- Horowitz refused to compel Selig to testify at the arbitration, and Rodriguez then walked out of the hearing. MLB may attempt to quash a subpoena and force a judge to rule. "Theres a good arbitrator there, and Im sure he was very careful to pay attention to the record," said George Nicolau, baseballs arbitrator from 1986-95. "No court is ready to overturn that, I think, based on longstanding decisions." The Supreme Court ruled in 1960 that "the refusal of courts to review the merits of an arbitration award is the proper approach to arbitration under collective bargaining agreements. The federal policy of settling labour disputes by arbitration would be undermined if courts had the final say on the merits of the awards." In that case, United Steelworkers of America v. Enterprise Wheel and Car Corp., Justice Stephen O. Douglas wrote "an arbitrator is confined to interpretation and application of the collective bargaining agreement; he does not sit to dispense his own brand of industrial justice." That case was cited by the 8th U.S. Circuit Court of Appeals in 1976 when it refused a request by MLB to vacate the decision by arbitrator Peter Seitz overturning baseballs reserve clause in the Andy Messersmith-Dave McNally case. Francisco Cervelli Jersey
.com) - Real Madrid claimed its 20th consecutive win across all competitions by cruising to a 4-1 victory at Almeria on Friday. Andrew McCutchen Jersey
. Miralem Pjanic dribbled through the defence to score an extraordinary goal in the 43rd minute at the Stadio Olimpico and Gervinho added another from a rebound in the 65th for Romas ninth straight victory — ending Milans five-match winning streak. http://www.pittsburghpiratesprostore.us/Customized/
.And although FIFAs investigators are preparing to release the findings of a World Cup corruption probe, Hassan Al Thawadi dismissed any chance of Qatar losing the showpiece event. VANCOUVER -- Kenny Miller made good on a pressure packed do-over to keep the Vancouver Whitecaps unbeaten. Millers goal on a penalty kick in the 58th minute gave the Whitecaps a 2-1 victory over the Houston Dynamo on Saturday. He had to re-take the spot kick, after being successful on the first one, because teammate Darren Mattocks was still in the 18-yard box when Miller put the ball into the net. "It was a little tougher when youve scored the first one, and its easy after a miss," said Miller. "But sometimes that happens. It was a little bit of encroachment there. Sometimes, the referees dont make you take it again. But I was fortunate enough to put it in." The penalty kick was awarded after Houston defender Kofi Sarkodie was called for a hand ball in the box in the 56th minute. The Whitecaps improved their record to 2-0-2 in the young season before a sellout crowd of 21,000 at B.C. Place Stadium. The Dynamo (2-1-0) suffered their first loss. "I dont think you could ask for much more (to start the season)," said Miller. He scored what proved to be the winning goal as he put the hosts ahead 2-0 with his spot kick, rolling a shot into the right corner of the net. He had put his first penalty-kick attempt over Houston goalkeeper Tally Hall. "(Miller), obviously, has got a cool head (to score on) the second penalty," said Vancouver rookie head coach Carl Robinson. "The first (penalty kick) was driving me mad. I just prayed that hed put it in, and he did. Hes a very clever player and a very cool character, so Im delighted for (Miller) but delighted for all the guys." Jordan Harvey, in the 14th minute, also scored for the Whitecaps while Ricardo Clark, in the 75th, was the lone Houston marksman. "I think we got the result we deserved," said Robinson. "But we showed a lot of heart and character in todays performance." The Whitecaps effectively negated Dynamo striker Will Bruin, who had shared the MLS scoring lead after netting three goals in his clubs first two games to start the season. "I thought we did okay. We just came out on the wrong end of the result," said Houston coach Dominic Kinnear. Harvey, a left back, gave the Whitecaps a 1-0 lead as he bounced Andy OBriens header past Hall. The assist was the first point in MLS for OBrien, a central defender, who joined the Whitecaps midway through the 2012 season. The play originated off a long cross from the left flank by Pedro Morales. "I like to think I can contribute, not just with assists and things like that," said OBrien. "But Im pleased that I could contribute on the goal." After assisting on the goal, OBrien made several timely defensive plays with some key plays and a blocked cross that he took in the groin. He lay on the ground briefly but continued to play well after. Houston started with a charge and forced Whitecaps goalkeeper David Ousted to knock a Giles Barnes header over the crossbar in the first minute. Jung-ho Kang Jersey
. But that was the only attempt Houston put on net in the first half. Afterwards, aside from getting back-to-back corner kicks in the eighth minute -- the second of which Ousted leaped out to catch -- the Dynamo rarely penetrated a staunch Whitecaps defence. On the other hand, Hall was forced to make three saves in the first half, including two on Morales. The second stop on Morales came in stoppage time and prevented the Whitecaps from going into halftime with a bigger lead and considerable confidence. The Dynamo again attempted to get off to a strong start in the second half, but the Caps held them off fairly easily as Robinson switched to a diamond-shaped midfield that he had not used previously. "The system that we played today gave us more options when we had the ball," said OBrien. "It exposed the channel areas for (Mattocks) to run into, and hes not the guy that you want to be chasing with the ball a as a defender." Vancouvers penalty kick was awarded after Mattocks tried to deke Sarkodie a few yards inside the Houston box. Sarkodie fell and swept his arm out, getting a hand on the ball. Clark pulled the Dynamo within a goal as he headed home a Brad Davis free kick. But the Whitecaps managed to hold Houston off the scoreboard the rest of the way as Robinson made substitutions to keep his attackers fresh and the defenders and midfielders remained solid in their play. "Were going to concede goals, but its about how you bounce back and we didnt look (like we were) under any pressure," said Robinson. "They pushed time after time, and theyre a big, physical team, but while they were putting bigger players on, I was putting smaller players on." Morales, a 28-year-old Chilean midfielder who is in his first season with the Whitecaps, continued to draw rave reviews from his coach and teammates for his vision and passing ability. He now has a goal and two assists in his first four MLS career games. "Hes a joy to watch, he really is, and I think hes a joy to play with as well," said Robinson. "He just gives us a different dimension to our team." Notes: The Whitecaps honoured retired defender Y.P. Lee before the game. The former Korean international was presented with a photo of himself and his two children, taken prior to the final game of his career last season. Lee continues to live in Vancouver and works with the Whitecaps business operations while pursuing his education. a The game marked a rare time when a female official, Felisha Mariscal of Chula Vista., Calif., served as an assistant referee in an MLS contest. Mariscals brothers Apolinar (Polo) and Eduardo, who are twins, are also soccer officials. a Vancouver captain Jay DeMerit played the whole game a week after Robinson kept him at home to rest while the Caps earned a draw in Philadelphia. a Vancouver midfielder Gershon Koffie was solid in place of the injured Nigel Reo-Coker (concussion.) Cheap NFL Jerseys Wholesale Jerseys Wholesale NFL Jerseys Jerseys From China Wholesale NFL Jerseys Cheap NFL Jerseys Cheap Jerseys
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