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13.11.2019 03:45
Ganz wrote that the players union plans Zitat · Antworten

NEW YORK -- Major League Baseball is seeking a speedy dismissal of New York Yankees third baseman Alex Rodriguezs lawsuit challenging a season-long suspension. Air Max 270 Mens Cheap . Howard Ganz, an MLB lawyer, said in a letter to U.S. District Judge Edgardo Ramos that Rodriguezs claims do not come "remotely close" to what is needed to overturn an arbitration decision in federal court. Ganzs letter, dated Monday and filed Tuesday, said the lawsuit should be tossed because a court is not empowered to re-examine the merits of an arbitration decision. Ganz said in the letter that the standard for vacating an arbitration award "is purposefully high and specifically designed to prevent courts from substituting their own judgment for that of the labour arbitrators selected by the parties." "A court must confirm an award even when the arbitrator has offered only a barely colorable justification for the outcome reached, and even if the court considers the arbitrators interpretation of the contract to be plainly wrong," he wrote. Rodriguezs claims in his lawsuit were considered by the arbitrator and resolved based on evidence and arguments, along with the arbitrators interpretation of collectively bargained agreements, Ganz said. He also noted that Rodriguez did not deny engaging in the misconduct that was alleged during the arbitrators hearing or in his lawsuit. Ramos set Feb. 14 for a conference and directed lawyers for Rodriguez to respond to the leagues claims in a letter of their own by Feb. 7. MLB suspended the three-time AL MVP for 211 games last August, and the players union filed a grievance. Arbitrator Fredric Horowitz on Jan. 11 cut the suspension to 162 games and the 2014 post-season, concluding Rodriguez used banned substances each year from 2010-12 and twice tried to obstruct MLBs investigation. Rodriguez did not testify in the grievance proceeding, walking out after Horowitz refused to order Commissioner Bud Selig to testify. Rodriguez sued MLB and the Major League Baseball Players Association on Jan. 13 to overturn the decision. He accused the league of engaging in "ethically challenged behaviour" and leaking information to the media in violation of baseballs confidentiality rules. He also accused Horowitz of acting "with evident partiality." His lawsuit accused the players union of "bad faith," saying its representation during the hearing was "perfunctory at best." In a footnote, Ganz wrote that the players union plans to seek dismissal of the claim that it breached its duty of fair representation and said the league will join in that application to the court. Lawyers for Rodriguez and the players union did not immediately respond to a message seeking comment. Air Max 270 Mens Sale . -- Chad Labelle scored the winner 17:36 into the third period to give Medicine Hat a 2-1 victory over the Swift Current Broncos on Sunday and lift the Tigers into the second round of the Western Hockey League playoffs. Nike Air Max 270 React Discount . The 155th edition of the Plate for Canadian-foaled three-year-olds, the oldest continuously run stakes race in North America, will be televised live on TSN in HD (High Definition) in a special presentation from 4:30 – 6:00 pm ET. Post time is 5:38 pm. http://www.max270cheap.com/air-max-270-just-do-it-sale.html . Hoefl-Rieschs exit — from the downhill course into safety nets, then airlifted from the slope by helicopter — left Anna Fenninger of Austria favourite to win her first giant crystal trophy one month after becoming an Olympic champion.DUBAI, United Arab Emirates -- Defending champion Stephen Gallacher had seven birdies and an eagle on the back nine Saturday to surge past Rory McIlroy and take a two-shot lead into the final round of the Dubai Desert Classic. Gallacher equaled the European Tour record for the lowest nine-hole score with an inward 28 for a 9-under 63. That gave him a 16-under total of 200, with McIlroy in second after 69. Tiger Woods was 11 shots back after a 70. "This is the best back nine Ive had in my career by far," said Gallacher, who started the day four shots behind McIlroy. "So to get myself back into contention when I needed to, and given the stature of this tournament, it feels good." Gallacher started with seven straight pars before a bogey on the eighth. But he birdied the next four holes before an eagle on the par-5 13th, where he hit a 7-iron to within three inches with his second shot. After another par on the next hole, he finished with four straight birdies. "I struggled at the start and played the first four holes a bit ropey," the Scot said. "But I then hit a beautiful drive and 7-iron (at the ninth) to about 3 foot, and from then on I never missed a shot." The Desert Classic is celebrating its 25th anniversary, and Gallacher now has a chance to become the first person to win back-to-back titles at the event. Air Max 270 Off White For Sale. McIlroy earned his first European Tour victory here in 2009 and is still very much in the hunt despite battling food poisoning during the second round on Friday. McIlroy, who had his lowest score in three years with a 63 in the opening round, mixed three birdies and an eagle with two bogeys on Saturday. "My stomach is better today, still not 100 per cent but its better than it was yesterday," McIlroy said. "I feel like I can catch him (Gallacher) up tomorrow. I dont really want to focus on what hes doing -- try to focus on my own thing." Woods, who won here in 2006 and 2008, failed to get back in contention after a disappointing day on the greens. The top-ranked American had two bogeys and four birdies but missed a number of opportunities to pull closer. "I only hit a couple of bad shots, (but) missed a ton of putts," said Woods, who was in a tie for 37th. "Really hit it good but just threw away a lot of shots." Thorbjoern Olesen of Denmark shot a 65 to sit tied for third with Brooks Koepka of the United States, another two shots behind Gallacher. Race to Dubai winner Henrik Stenson fell out of contention with a 75 that included two double bogeys and left him 12 shots back. ' ' '

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