An independent arbitrator has finally ruled on Alex Rodriguezs appeal, reducing his suspension from 211 games to 162 for his involvement in Major League Baseballs Biogenesis scandal. A-Rod is also disqualified from any post-season play. So at the tender age of 38, he will miss all of next season. As a result of missing the coming season, hes also out $25 million (which coincidentally is my hourly rate). This brings the arbitration process to a close. This case, however, is far from over. Still some track to cover. Who was the arbitrator? His name is Fredric Horowitz, hes 64 years old and specializes in labour and employment arbitration. After MLB fired arbitrator Shyam Das when he overturned Ryan Brauns suspension, Horowitz was hired to replace him and handle these types of grievances. Hes been a full time arbitrator since 1988. Who won the appeal? This is a win for MLB. A big win. While the suspension was reduced by 49 games, this should not be seen as a failure for baseball. A substantial part of the suspension was preserved (about 75per cent). So while we saw a reduction, MLB ultimately got its wish: A-Rod is gone for all of next season. As well, based on past arbitration cases and MLBs Drug Policy, it could have been worse for MLB. Historically, arbitrators dont like to see punishments or sanctions that seem to be a dramatic departure from the existing rules and policies at play. So are you saying that A-Rods suspension could have been reduced by a lot more? Yes. The collectively bargained Drug Policy provides for a 50 game suspension for a first time offender like him, and as a result his 211 game suspension may have been found to have been not only excessive and heavy-handed, but also not in keeping with the Drug Policy. The Drug Policy calls for a specific punishment for a first time offender, and that punishment was ignored in favour of a far longer suspension. If that argument got any traction, the arbitrator could have reduced the suspension by many more games. So why didnt the arbitrator reduce the suspension by more games? He was convinced that a substantial suspension was warranted. Based upon what we know about this case, MLB argued that A-Rod had engaged in an extensive and continuous pattern of PED use since at least 2010. He also has a long standing relationship with Biogenesis founder Tony Bosch that dates back to 2009. MLB also alleged that A-Rod obstructed its investigation, tampered with witnesses and generally interfered with its attempt to get to the truth. MLB has also suggested that A-Rod may have also recruited players to Biogenesis. Ultimately, his pervasive and wide ranging pattern of wrongdoings was not only contrary to the Drug Policy, but also the MLBs Basic Agreement, which allows baseball to discipline a player for conduct detrimental to the game. So given these various factors, A-Rods suspension was reasonable in the eyes of the arbitrator. So all of these elements conspired to result in only a modest reduction in the suspension. Was this ruling predictable? Yes. A reduction was in order but nothing earth shattering. So whats next for A-Rod? Hes says hes going to challenge the decision in Court. A-Rod filed his lawsuit against the league (and also personally against Commissioner Bud Selig) months ago in anticipation of being in a position to challenge the whole Biogenesis investigation and suspension. The first thing he does is ask a judge to put the suspension aside until such time that the case is decided in a court of law (which could take years thereby allowing A-Rod to play out his contract). A-Rod is unlikely to be successful with this request since this type of relief is only awarded in very special circumstances; and this isnt one such case on its face. Horowitz is a seasoned and respected arbitrator, and a court will defer to him. Right now, MLB is trying to have the case kicked out of Court, while A-Rod wants it moved to state court. It would be a surprise to see a judge kick the case out of court completely; still A-Rod faces challenges. Enough Jibber Jabber. Can A-Rod win in Court? Probably not. Heres your bottom line: judges are very reluctant to overturn arbitrators unless their decisions are off the wall. The reasoning is this: arbitrators are specialists on the issues they rule on and judges are not in a better position to decide these cases. Also, judges want people to respect arbitration and take it seriously. If they didnt, the lines at the court house would be a lot longer. Apart from being a partner at a law firm, Im also an arbitrator. When Im making my rulings, I know that unless Im totally out in left field, my decision will stand if challenged in court. So A-Rod has a real uphill battle ahead of him. The likelihood of success seems low. However, A-Rod may still pursue it and this could go on for years. Anything else I should know about? One small thing: Federal law enforcement officials are investigating Biogenesis raising the possibility of criminal charges. If that happens, expect the feds to have A-Rod testify under oath. At that point, he would be advised that he needs to tell the truth, failing which he could face perjury charges. This is quite the mess. Yep.
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Michael Grabner Jersey . Dont miss a single shot, live on TSN beginning at 7pm et/4pm pt. Winners of their last eight games, the Heat return to Toronto for the second time in the month of November. After beginning the season 4-3, allowing 100.9 points on 47 per cent shooting, Miamis resurgent defence has vaulted them back to the top of a weak Eastern Conference.SAN JOSE, Calif. -- Now that the Los Angeles Kings have made it halfway to a historic comeback, the task actually seems even more difficult now that they know how close they are. Jonathan Quick made 30 saves to shut out San Jose for the fourth time in his career in the post-season and the Kings staved off elimination for a second straight game by beating the Sharks 3-0 on Saturday night in Game 5 of their first-round series. "If anything, it seems a little more daunting because we came this far to get two, now we need to take two more," defenceman Drew Doughty said. "It puts more pressure on us because we can kind of smell it. We cant get ahead of ourselves. We have a lot of work ahead of us." Tyler Toffoli, Anze Kopitar and Jeff Carter scored for the Kings, who have rebounded after losing the first three games of the series. Quick allowed 16 goals in those losses, but once again is starting to look like the goalie who stymied the Sharks in a second-round series a year ago. Antti Niemi allowed three goals on 19 shots and got pulled for the second straight game for the Sharks. Perhaps more importantly, San Jose also lost star defenceman Marc-Edouard Vlasic to an upper-body injury after he was elbowed in the head by Jarret Stoll late in the first period. "We did a lot of good things for 3 1/2 games. Tonight was red rotten," coach Todd McLellan said. "Thats simply put. When we started the series, we talked about leaving games behind, closing the book on it. Theres no doubt well look at it. We have to improve. But its put in the bank and well move on." They may have to do it without Vlasic. He is questionable for Game 6 on Monday night in Los Angeles as the Kings are looking to become just the fourth NHL team to overcome a 3-0 deficit to win a playoff series. They finally broke through in San Jose after losing five playoff games here the past two seasons and 12 of 13 games here overall. But they will need to win here again to complete the comeback as Game 7 will be in San Jose on Wednesday, if necessary. The Kings came out looking like a desperate team and dominated from the start against the listless Sharks, who were unable to feed off the energy from a frenzied crowd hoping to see a fierce rival get eliminated. "We had a good start,"; Quick said.dddddddddddd "We got a few shifts and we just tried to keep building on it. They came with a lot, too. They had a big pushback. Its not easy to win against this team. Theyre a great team for a reason." Los Angeles controlled the game on the ice, the shot clock and the scoreboard to take a 2-0 lead in the first period and mostly silence the crowd. The Kings opened the scoring when Tanner Pearson outraced Vlasic to a loose puck and fed a rushing Toffoli, who patiently skated around James Sheppard and beat Niemi with a shot from the slot to make it 1-0. The Kings made it 2-0 shortly after Joe Thornton was unable to bat a cross-ice pass from Brent Burns into an empty net. That fueled a 3-on-2 rush the other way and Kopitar knocked in a rebound of Dustin Browns shot. "Usually, we have really fast starts in this building and that wasnt the case tonight," Thornton said. "They started faster than us. Really, its a rarity around here. We just have to have better starts. Thats the bottom line." The Sharks responded to a 2-0 deficit in Game 2 that deficit with seven straight goals, but it was quickly clear that would not repeat when Carter banked a shot off Brad Stuarts skate for a power-play goal 22 seconds into the second period to end Niemis night. Alex Stalock came in and stopped 22 shots, but it was too late to save the Sharks in this game although it could make McLellan consider starting him in Game 6. "Well have to make some decisions throughout our lineup at every position because we werent obviously near good enough tonight," McLellan said. San Jose finally showed some life late in the second period, but by then Quick was on his game, robbing Brent Burns with a pad save on the power play late in the period. "I thought tonight was probably our best defensive game so far this series," Doughty said. "We dont want Quicky to have to stand on his head every night. We want to play well in front of him. We want to do things to make it a little easier for him. I thought we did that tonight but when he was called upon he was huge." NOTES: Niemi has been pulled four times in 38 playoff starts for San Jose, all against Los Angeles. ... Carter has points in nine straight playoff games dating to last season.
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