MLB hopes to get Alex Rodriguez's lawsuit thrown out of court

Allison Joyce

Major League Baseball is trying to get Alex Rodriguez's lawsuit against them thrown out of court by filing a notion to have the case tried in Federal Court.

The motion, filed on Monday in the United States District Court for the Southern District of New York, requests the federal court to take the lawsuit. MLB believes a federal judge would rule that Rodriguez is bound by the collective bargaining agreement to pursue his appeal through the arbitration process.

In the notice for removal, filed with the court, it states, "The Basic Agreement contains an exclusive grievance and arbitration provision (Article XI). The Joint Drug Agreement specifically provides that disputes arising thereunder shall be subject to resolution through the Grievance Procedure of the Basic Agreement, with certain enumerated exceptions that must be resolved pursuant to the procedures outlined in the Joint Drug Agreement. Both agreements provide for the resolution of disputes through private final and binding arbitration."

A-Rod's representation disagrees with their interpretation of the rule, but is also unhappy that they have to keep learning about MLB's actions through the media, rather than being personally informed first. One of the lawyers, Joe Tacopina, had this to say:

"Mr. Rodriguez's claims against MLB and Commissioner Selig arise from their tortious conduct, separate and apart from the issues being decided in the arbitration process. It is ironic that MLB -- having filed suit in state court in Florida for tortious interference in order to obtain evidence to use in the arbitration proceeding -- now complains that Mr. Rodriguez's tortious interference claim must be heard as part of the arbitration. MLB knows that these state law claims properly belong where they were filed, in the New York State Court."

While MLB believes that all matters that have to do with A-Rod's suspension be handled under the already agreed upon guidelines and remain in the appeal hearing, Rodriguez's side is stating that this is a wholly separate issue, which their client should be free to confront in open court. This is just another battle for control over the process.

A-Rod's lawsuit against MLB has some very serious claims that could challenge the validity of the Biogenesis investigation. The trouble is that we don't know which party is telling the truth about what. Unless they have hard, concrete evidence that he was treated unfairly, the lawsuit against MLB is merely a tactic to smear Bud Selig's name, put doubt into the mind of the arbitrator and hope a settlement can be agreed to as a last ditch effort.

The hearing will continue next week and once completed it could be almost another month before a verdict is decided on.

More from Pinstriped Bible:

X
Log In Sign Up

forgot?
Log In Sign Up

Please choose a new SB Nation username and password

As part of the new SB Nation launch, prior users will need to choose a permanent username, along with a new password.

Your username will be used to login to SB Nation going forward.

I already have a Vox Media account!

Verify Vox Media account

Please login to your Vox Media account. This account will be linked to your previously existing Eater account.

Please choose a new SB Nation username and password

As part of the new SB Nation launch, prior MT authors will need to choose a new username and password.

Your username will be used to login to SB Nation going forward.

Forgot password?

We'll email you a reset link.

If you signed up using a 3rd party account like Facebook or Twitter, please login with it instead.

Forgot password?

Try another email?

Almost done,

By becoming a registered user, you are also agreeing to our Terms and confirming that you have read our Privacy Policy.

Join Pinstripe Alley

You must be a member of Pinstripe Alley to participate.

We have our own Community Guidelines at Pinstripe Alley. You should read them.

Join Pinstripe Alley

You must be a member of Pinstripe Alley to participate.

We have our own Community Guidelines at Pinstripe Alley. You should read them.

Spinner.vc97ec6e

Authenticating

Great!

Choose an available username to complete sign up.

In order to provide our users with a better overall experience, we ask for more information from Facebook when using it to login so that we can learn more about our audience and provide you with the best possible experience. We do not store specific user data and the sharing of it is not required to login with Facebook.

tracking_pixel_9351_tracker