Notifications

A-Rod wants lawsuit vs. MLB back in state court

Alex Rodriguez wants his lawsuit against Major League Baseball and commissioner Bud Selig sent back to state court, and the sport said it will move to dismiss the case.

MLB says it will move to dismiss case

New York Yankees slugger Alex Rodriguez is attempting to overturn his 211-game ban by Major League Baseball. (David Karp/The Associated Press)

Alex Rodriguez wants his lawsuit against Major League Baseball and commissioner Bud Selig sent back to state court, and the sport said it will move to dismiss the case.

A day after an initial conference in U.S. District Court in Manhattan, the feuding sides filed paperwork Friday explaining their intended motions.

MLB says the case should be heard in federal court because of provisions of the Labor Management Relations Act, known as Taft-Hartley. Rodriguez's lawyers said that "contradicts the positions MLB repeatedly took before the Florida state court in the lawsuit it filed against Biogenesis of America" and accuses the sport of taking "a 180-degree turn."

Rodriguez was suspended for 211 games by MLB in August for alleged violations of the sport's drug agreement and labour contract. The New York Yankees third baseman was allowed to keep playing until arbitrator Fredric Horowitz decides a grievance filed by the players' union to overturn the penalty.

"Defendants have engaged in a systematic effort to destroy Mr. Rodriguez's reputation, including by continually leaking false stories to the media about Mr. Rodriguez," Rodriguez's lawyers said, repeating allegations they have made several times.

MLB's papers said Rodriguez's "outrageous and ill-founded allegations are utterly without merit [and] neither this court nor the state court can or should adjudicate those claims on the merits."

MLB said the matter should be litigated under the arbitration procedure outlined in baseball's labour contract because they involve interpretations of that agreement. It said the Biogenesis lawsuit was distinct because the defendants in that lawsuit are not parties to baseball's collective bargaining agreement.

A hearing before U.S. District Judge Lorna G. Schofield is scheduled for Jan. 23.

Comments

To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.