- Jul 14, 2003
- 7,843
- 4,881
SI.com's Michael McCann:
Rodriguez's legal strategy going forward
Rodriguez has already sued baseball commissioner Bud Selig and MLB in a New York state court, arguing that the suspension and baseball's alleged leaks to the media have damaged his career. He would have to turn to federal courts to challenge Horowitz's decision, which he said in his statement he plans to do. A likely first step would be to seek a preliminary injunction of the suspension. In doing so, Rodriguez would ask a federal judge to essentially "suspend the suspension" until there can be a full court hearing, likely later in 2014, on the merits of his lawsuit.
Unfortunately for Rodriguez, a judge would be unlikely to do that. Judges usually reject requests for preliminary injunctions, which are sometimes described as "extraordinary" remedies, because they tend to dramatically impact litigations and are typically based on incomplete records. Consider the impact of a preliminary injunction being granted for Rodriguez: He would be able to play in 2014 until a trial, which may not be scheduled for well into the this season or beyond.
Rodriguez's attorneys are also likely to struggle to prove the necessary elements for a preliminary injunction. A judge would balance four factors in reviewing whether to grant an injunction.
First, Rodriguez would have to show he has a substantial likelihood of success on the merits. The problem for Rodriguez is that federal courts are highly deferential to arbitration rulings and Horowitz is both experienced and respected. Rodriguez would have to supply compelling evidence that Horowitz exhibited what's known as a "manifest disregard of the law" in his decision-making. This standard usually requires a showing that the arbitrator made an egregious error in evaluating the evidence or otherwise ignored basic legal principles. It seems unlikely that Horowitz made such an error. Rodriguez may highlight how Selig avoided having to testify, but it's unclear why Selig "had" to testify to make the arbitration valid. Selig, according to published reports, has never testified in an arbitration related to performance-enhancing drugs.
In addition, the fact that the players' association did not formally challenge Selig's absence does not help Rodriguez's case. Rodriguez would also assert that MLB strategically leaked information to sympathetic media members as a way of undermining his chances in arbitration, but proving such a claim with actual evidence would be difficult.
Rodriguez might fare slightly better arguing the second factor for a preliminary injunction: if no injunction is granted, he would suffer irreparable injury. Rodriguez would likely insist that if the suspension is carried out, he would suffer permanent damage to his career and legacy. The problem with this is that "irreparable injuries" are generally considered those that can't be repaired by money. While Rodriguez might insist that no amount of money can repair his legacy -- and his Hall of Fame chances -- if he ultimately wins a trial later this year or in 2015, a court would probably be skeptical of such an argument. Judges usually find money damages to be able to repair most types of legal harms, including those to one's reputation.
Rodriguez would also face a challenge establishing the third factor: that a preliminary injunction would not harm MLB more than it helps him. He would emphasize the suspension is primarily about him, not MLB. For its part, the league would contend that an injunction of any player's suspension would jeopardize important dispute-resolution agreements between MLB and the players' association. An injunction might also encourage future suspended players to file lawsuits.
Lastly, Rodriguez would have to convince a judge that an injunction would advance the public's interest. He could insist that MLB's purported media leaks have unfairly prejudiced his legal rights and tainted perception of the evidence. He might also criticize his own union for not fighting as hard for him as perhaps it has for others players. Essentially, Rodriguez would claim that it is in the public's interest to have a court evaluate the process that led to his suspension. Baseball, however, would claim that Rodriguez, by virtue of his membership in the players' association, agreed to the dispute-resolution process that he now criticizes. If Rodriguez has a grievance with the players' association, MLB might add, perhaps he should sue the players' association for failing to satisfy its duty of fair representation.