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Ganz said. He also noted that Rodriguez did not deny engaging in the misconduct that was alleged during the arbitrators hearing

in RPG und Stecki 22.10.2019 08:07
von ruogu1234 • 285 Beiträge

NEW YORK -- Major League Baseball is seeking a speedy dismissal of New York Yankees third baseman Alex Rodriguezs lawsuit challenging a season-long suspension. 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. Nike Air Max Sverige . The 33-year-old Spaniard, who held the lead since the second round, turned in a solid final round that featured six birdies and two bogeys to finish on 22-under 266. The victory is Garcias first this year with his last win coming at the Johor Open, an Asian Tour event in Malaysia last December. Off White Skor Sverige . "Thank you for the warm welcome," Beckham said on an 80-degree February morning. In this case, it was soccer weather. The sport moved a step closer to returning to South Florida on Wednesday, when Beckham confirmed he has exercised his option to purchase a Major League Soccer expansion franchise in Miami. http://www.reaairmaxsverige.com/air-max-95-rabatt.html . -- A deflected pass that landed in DeSean Jacksons hands. Nike Air Max Tn Sverige . 1 overall pick in the draft by the Houston Texans, is recovering from sports hernia surgery. Nike Air Max Billigt . I suppose Sternberg has earned the right to speak out since his Rays, despite one of the lowest payrolls in the Majors at $58 million, are entering the final weekend of the regular season holding down the first Wild Card spot in the American League, one game ahead of Cleveland and two up on Texas.MONTREAL - Rene Bourque had just nine goals and 16 points in 63 regular season games, but the Canadiens forward has become a key cog in Montreals offence during the playoffs. A trade bait name brought up over and over again on local radio, web message boards and social media all season, Bourque netted his first career playoff hat trick in Game 5 of the Eastern Conference Final Tuesday, giving him eight goals and 11 points in 16 playoffs games and helping his team stave off elimination with a 7-4 victory over the New York Rangers. A while his sudden emergence as a scoring threat in the playoffs has surprised many, its nothing new to his teammates. Despite his regular season struggles, they never doubted the 62, 217-pound power forward would shine through when it mattered most. "Ive said it before and Ill say it again, hes got world class speed and a world class shot and its showing right now in the playoffs," said forward Max Pacioretty, who also chipped in Tuesday night with a goal and an assist. "Hes a bigger body and he plays a simple game and that suits him well in the playoffs. Its a great time for him to step up and he was huge tonight, he helped out a lot." After the Canadiens blew a 4-1 lead in the second period on Tuesday night, Bourque halted the Rangers comeback scoring his second goal of the game at 15:10 of the second period to make the score 5-4 and give Montreal a lead they wouldnt relinquish. Bourque then added another goal at 6:33 of the third period to complete the hat trick and help the Canadiens avoid elimination for the third time in these Stanley Cup playoffs. Montreal will try to repeat the feat for a fourth time in Game 6 in New York on Thursday and force a Game 7 back in Montreal on Saturday. "Even going back to last year, he just loves this time of year," said forward Brendan Gallagher. "Hes leading by example again. For him to go out there and score not only three goals but very timely goals was big. Anytime you give up the lead like that and can come right back and score thats big. Thats what clutch guys do at this time of year, they score timely goals.&" Since being acquired from Calgary two years ago in a trade that saw popular scorer Michael Cammalleri go the other way, many have doubted Bourques role on this team.dddddddddddd But not Gallagher and his teammates. They saw a hard-working character player that could come up big when it mattered most. "You just gotta understand the character he has," Gallagher explained. "Hes big. Hes a guy that we rely on. He showed up and thats what we expect from him. Hes a competitor. He loves the atmosphere and he loves the opportunity we have right now and thats kind of expected from him." Michel Therrien was also thrilled with Bourques performance. "He played a great game; he was a force out there," the Canadiens head coach said. "On the forecheck, he took the man. He was moving his feet. He was going hard to the map mat. Hes a very good scorer, so definitely that was a great performance by him." The always quite and humble Bourque wasnt about to take all the credit though. "Everybody was ready for this game," he said after the game. "We knew the situation. We got a big power-play goal early and a few others. "It was just a see-saw battle back and forth. (Dale) Weise made a great play to me. I called for the puck and somehow it got through. It was nice to get in there." The pucks have gotten through for Bourque just one less time than they did in the regular season and the Canadiens are hoping his clutch run continues as they try to come back from what is now a one-game deficit. James Murphy is a freelance reporter who also writes for NHL.com, the Boston Herald and XNsports.com. He covered the Boston Bruins/NHL for last 11 seasons writing for ESPNBoston.com, ESPN.com, NHL.com, NESN.com, the Boston Metro, Insidehockey.com and Le Hockey Magazine. Murphy also currently hosts the radio show "Murphys Hockey Law" heard Saturdays 9-11 AM ET on Sirius/XM NHL Network Radio and 4-6 PM ET on Websportsmedia.com. In addition to that, he is a regular guest TSN 690 in Montreal and Sirius/XM NHL Network Radio as well as a hockey analyst on CTV Montreal. ' ' '

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