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#1 von hfy962464 , 07.09.2018 03:39

NEW YORK -- Alex Rodriguez sued Major League Baseball and its players union Monday, seeking to overturn a season-long suspension imposed by an arbitrator who ruled there was "clear and convincing evidence" the New York Yankees star used three banned substances and twice tried to obstruct the sports drug investigation. Graham Glasgow Jersey . As part of the complaint filed in federal court in Manhattan, Rodriguezs lawyers made public Saturdays 34-page decision by arbitrator Fredric Horowitz, who shortened a penalty originally set at 211 games last August by baseball Commissioner Bud Selig for violations of the sports drug agreement and labour contract. Horowitz, a 65-year-old making his second decision as baseballs independent arbitrator, trimmed the discipline to 162 games, plus all post-season games in 2014. "While this length of suspension may be unprecedented for a MLB player, so is the misconduct he committed," Horowitz wrote. Horowitz concluded Rodriguez used testosterone, human growth hormone and Insulin-like growth factor-1 in 2010, 2011 and 2012 in violation of baseballs Joint Drug Agreement. He relied on evidence provided by the founder of the now-closed Biogenesis of America anti-aging clinic in Florida. "Direct evidence of those violations was supplied by the testimony of Anthony Bosch and corroborated with excerpts from Boschs personal composition notebooks, BBMs (Blackberry messages) exchanged between Bosch and Rodriguez, and reasonable inferences drawn from the entire record of evidence," Horowitz wrote. "The testimony was direct, credible and squarely corroborated by excerpts from several of the hundreds of pages of his composition notebooks." While the original notebooks were stolen, Horowitz allowed copies into evidence. Rodriguezs suit accused the Major League Baseball Players Association of "bad faith," said its representation during the hearing was "perfunctory at best" and accused it of failing to attack a civil suit filed by MLB in Florida state court as part of its Biogenesis investigation. His lawyers criticized Michael Weiner, the union head who died from a brain tumour in November, for saying last summer he recommended Rodriguez settle for a lesser penalty if MLB were to offer an acceptable length. "His claim is completely without merit, and we will aggressively defend ourselves and our members from these baseless charges," new union head Tony Clark said in a statement. "The players association has vigorously defended Mr. Rodriguezs rights throughout the Biogenesis investigation, and indeed throughout his career. Mr. Rodriguezs allegation that the association has failed to fairly represent him is outrageous, and his gratuitous attacks on our former executive director, Michael Weiner, are inexcusable." The suit also claimed MLB engaged in "ethically challenged behaviour" and was the source of media leaks in violation of baseballs confidentiality rules. Rodriguezs lawyers said Horowitz acted "with evident partiality" and "refused to entertain evidence that was pertinent and material." They faulted Horowitz for denying Rodriguezs request to have a different arbitrator hear the case, for not ordering Selig to testify and for allowing Bosch to claim Fifth Amendment rights against self-incrimination in refusing to answer questions during cross-examination. They also said Horowitz let the league introduce "unauthenticated documents and hearsay evidence ... obtained by theft, coercion or payment," wouldnt allow them to examine Blackberry devices introduced by MLB and was fearful he would be fired if he didnt side with management. Rodriguez asked the court to throw out Horowitzs decision and find the league violated its agreements with the union and that the union breached its duty to represent him. The case was assigned to U.S. District Judge Edgardo Ramos. Supreme Court decisions have set narrow grounds for judges to vacate arbitration decisions, instances such as corruption or not following the rules agreed to by the parties. The three-time AL MVP admitted five years ago he used performance-enhancing substances while with Texas from 2001-03, but the third baseman has denied using them since. MLBs Biogenesis investigation was sparked after the publication of documents last January by Miami New Times. Bosch agreed in June to co-operate with MLB and testified during the hearing, which ran from September until November. Rodriguezs lawyers attacked his credibility because of that deal, which included reimbursement by MLB for costs of lawyers, up to $2,400 daily for security, insulation from civil suits and a promise to tell law enforcement he was co-operative. "The benefits accorded to Bosch under that arrangement did not involve inducements that the panel considers to be improper," wrote Horowitz, who chaired a three-man panel that included MLB Chief Operating Officer Rob Manfred and union General Counsel David Prouty. Horowitz cited the credibility of Boschs "unrebutted testimony -- testimony which was corroborated by substantial documentary evidence," and he described how Bosch and Rodriguez communicated in code, referring to banned substances as "food." "Once when Bosch sent a message telling Rodriguez that he was going to pick up Rodriguezs meds, Rodriguez replied Not meds dude. Food," the arbitrator wrote. Rodriguez did not testify in the grievance, walking out after Horowitz refused to order Selig to testify. At a brief hearing Monday, MLB said it would not discipline Rodriguez for including the decision in his lawsuit. U.S. District Judge William H. Pauley III brushed aside concerns from the union about confidentiality concerns. "Given the intense public interest in this matter and Commissioner Seligs disclosures last night on 60 Minutes, its difficult to imagine that any portion of this proceeding should be under seal," Pauley said. The arbitrator noted Bosch and Rodriguez exchanged 556 text messages and had 53 telephone calls in 2012. He said all records of text messages were produced by Bosch, while lawyers for Rodriguez said the Blackberry he used to communicate with Bosch was deactivated last March and Rodriguez no longer had it. The arbitrator said Rodriguez instructed Bosch in one message to "erase all these messages." Horowitz recounted how Rodriguez was introduced to Bosch after a Yankees game in Tampa, Fla., in July 2010 by A-Rods cousin, Yuri Sucart, who knew Bosch through Jorge "Oggi" Velazquez. Horowitz wrote MLB was justified in citing violations of the collective bargaining agreement because Rodriguez "played an active role in inducing Bosch to issue his own public denial on Jan. 29" and "attempted to induce Bosch to sign a sworn statement on May 31" saying he never supplied the player. In determining the length of the penalty, Horowitz cited a 2008 decision in a grievance involving Neifi Perez in which arbitrator Shyam Das ruled "separate uses are subject to separate disciplines." He said under the discipline system for positive tests, Rodriguez would be subject to at least 150 games for three violations of 50 games. Still, Horowitz thought Seligs initial penalty was too severe. "A suspension of one season satisfies the structures of just cause as commensurate with the severity of his violations," he wrote. Rodriguezs lawyers claimed at worst the case should involve one first violation with a penalty of 50 games, and they said including the 2014 post-season was beyond the scope of Seligs original discipline. Horowitz rejected Rodriguezs argument that the lack of a positive test was proof of innocence. "It is recognized Rodriguez passed 11 drug tests administered by MLB from 2010 through 2012. The assertion that Rodriguez would have failed those tests had he consumed those PES as alleged is not persuasive. As advanced as MLBs program has become, no drug-testing program will catch every player," Horowitz wrote. In Seligs notice of discipline to Rodriguez on Aug. 5, he said MLB actively is investigating allegations he received banned substances in 2009 from Dr. Anthony Galea, who pleaded guilty in 2011 to a federal charge of bringing unapproved drugs into the United States from Canada. Kenny Golladay Jersey . His actions are much louder on the Fenway Park mound. De La Rosa had another strong home start, going seven solid innings to lift the Boston Red Sox to a 2-1 victory over the Kansas City Royals on Saturday night. Nick Bellore Jersey . -- With Tony Allen back, the Memphis Grizzlies were able to turn up their defence pressure and hold off the Los Angeles Clippers down the stretch. http://www.lionsfansshop.com/Lions-Matthew-Stafford-Draft-Jersey/ .C. -- LeBron James called comments on an audio recording of a man identified as Los Angeles Clippers owner Donald Sterling "appalling" and said hes not sure if he would suit up for the remainder of the NBA playoffs if he played for the Clippers.The NHLs Mar. 5 Trade Deadline is drawing closer and teams will be deciding on whether to buy or sell. Check out todays trade-related reports and speculation from around the NHL beat. And follow TSN.ca through Deadline Day for all the updates. Whos Peeping at Tom? Thomas Vanek reportedly rejected a long-term deal from the Islanders, thrusting his name to the forefront of trade speculation once more. But who are the contenders that might look to bring the Austrian sniper on board? TSN Hockey Insider Bob McKenzie believes the Pittsburgh Penguins and Los Angeles Kings would be foremost amongst the teams looking to add a scoring winger. He notes that the Penguins have cap issues but that Veneks level of skill will be enticing to a lot of contending teams. Meanwhile, The Buffalo News took a different angle on Vaneks reported rejection of the Islanders by looking at a deal that might have been. The News wondered what the Sabres may have looked like had the team connected this past summer on a discussed trade with the Boston Bruins for Tyler Seguin. Sunshine Stopper Tim Thomas says hes open to sticking around with the Florida Panthers. "Im certainly willing to entertain the idea. I havent talked to the club about that," Thomas told the Sun Sentinel on Monday. "I was hoping by this time to be seeing more team success. Thats been a little bit difficult,&rdqquo; the 39-year-old continued. Nevin Lawson Jersey. “Having said that, its a process. I knew coming into it where the team was last year. I bought into this process, and what were trying to do is turn it around." The Panthers signed Thomas to a one-year, $2.5 million deal this past off-season after the two-time Vezina-winner took a year away from hockey. The team currently possesses the NHLs third-worst record. Cally Cash TSN Hockey Insider Darren Dreger revealed more on the current impasse between the New York Rangers and captain Ryan Callahan. Dreger said Callahan is believed to be seeking more than $6.5 million but less than $7 million per year on a seven-year term from the Rangers. Theres Rangers dont have a lot of wiggle room in negotiations with Callahan and thats why Glen Sather is considering and working towards moving his captain. On his Mark Winnipeg Jets defenceman Mark Stuarts pending unrestricted free agency has thrust his name into trade speculation, but hes reportedly more interested in finishing what hes started with the team. TSN Radio 1290 Winnipeg host Gary Lawless of the Winnipeg Free Press tweeted on Monday that Stuart has said he wants to stay with the Jets beyond the deadline and into the future. Stuarts three-year, $1.7 million AAV deal expires at seasons end. The Jets currently seventh in the Central Division. Cheap Steelers Jerseys Cheap Patriots Jerseys Cheap Bills Jerseys Cheap Jets Jerseys Cheap Giants Jerseys Cheap Redskins Jerseys Cheap Bears Jerseys Cheap Eagles Jerseys Cheap Cardinals Jerseys Cheap Jaguars Jerseys Cheap Raiders Jerseys Cheap Dolphins Jerseys Cheap Panthers Jerseys Cheap Lions Jerseys Cheap Browns Jerseys ' ' '

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