Alex Rodriguez will seek an injunction staying his suspension faster than it takes to turn a double play if arbitrator Fredric Horowitz upholds his 211-game doping ban or doesn’t slash it to A-Rod’s liking, sources familiar with the embattled slugger’s appeal have told the Daily News. The sources say they believe Rodriguez’s attorneys will ask a judge to issue an injunction that would allow the embattled superstar to report to the Yankees’ spring training camp next month and play when the 2014 season begins while Team A-Rod attempts to have the suspension linked to the Biogenesis drug scandal overturned in court. “The papers are all ready,” one source said. “They are just waiting for the announcement.” Rodriguez’s lawyers will likely claim that the unprecedented suspension violates federal labor law because the arbitration process was unfair and biased against A-Rod. Rodriguez and his advisers have been setting the table for this legal battle since last spring, alleging in interviews and in the lawsuit they filed against Major League Baseball on Oct. 3 that commissioner Bud Selig unjustly targeted the Yankees’ third baseman and that MLB investigators used unethical and illegal tactics to gather evidence to justify the ban. Team A-Rod faces an uphill battle since federal courts are reluctant to take on grievances that have been settled through binding arbitration — especially since MLB and the Players Association agreed to resolve disputes through the process outlined in their collective bargaining agreement. Thirteen other players who were suspended last summer for their links to Biogenesis received shorter penalties, and Rodriguez might try to convince a judge to review the case by arguing that the length of his suspension is excessive and that the arbitration process was stacked against him. “They would have to argue about the length and that the arbitrator exceeded the duties within his purview,” said Robert Boland, the academic chairman of New York University’s Tisch Center for Sports Management. Rodriguez attorney Joe Tacopina famously stated last year that his client does not deserve to be suspended for “one inning,” but the sources say the Yankee third baseman would likely accept a suspension of 65 games or less without a fight. The legal fees to combat a 65-game ban would likely cost Rodriguez, who is scheduled to earn $25 million in 2014, more than he would lose in salary.
Report: A-Rod ready to turn to judge over 211-game ban
New York Daily News | Jan 9