ESPN is reporting that Major League Baseball is considering appealing the arbitrator’s decision in the Ryan Braun case to federal court:
Sources said MLB is livid and is evaluating the possibility of suing in federal court to have Das’ decision overturned, but that they did not expect a decision to be made until after Das issues his written report within the next week or so and MLB lawyers have a chance to review it. There are very limited grounds by which either party could sue, but sources said MLB officials believe Das’ ruling was based on a faulty reading of the policy.
This would be a foolish waste of time.
Arbitration is chosen by parties for the express purpose of avoiding litigation. Courts are well aware of this. And in order to not undermine the integrity of arbitration awards, they very, very rarely overturn them. Indeed, The Federal Arbitration Act provides the grounds for review of an arbitration decision. Such review is limited to overturning awards obtained by corruption or fraud. Or where the arbitrator himself is shown to be corrupted or to have engaged in misconduct of some kind or has shown a “manifest disregard for the law.” Federal courts do not look at the facts and evidence anew and substitute their judgment for that of the arbitrator.
So great, MLB, sue in federal court if you want. But you will waste money. You will piss off the union, one of baseball’s most exciting young and marketable players and the rest of the players as well.
Oh, and you will almost certainly lose.
During the Pirates’ FanFest on Saturday, right-hander Gerrit Cole announced that he is back up to full health after being shut down with elbow inflammation in September. Per Rob Biertempfel of the Pittsburgh Tribune-Review, Cole said he’ll start a throwing program on Monday as he works on regaining his form for the 2017 season.
The 26-year-old pitched through 116 innings for the Pirates in 2016, delivering a 3.88 ERA and 2.5 WARP before landing on the disabled list in June with a triceps strain and again in August with elbow inflammation. It was a steep drop for the right-hander, who saw a considerable spike in his ERA and BB/9 rate and struggled to strike out batters at the 8.7 mark he managed in 2015.
The upside? Inflammation was the worst of Cole’s issues in 2016, and while the newfound health issues didn’t help his case for an extension, a more serious injury doesn’t appear to be on the horizon.
The Astros, Braves and Nationals came sniffing around White Sox left-hander Jose Quintana during the Winter Meetings, but each appeared to find the Sox’ asking price well beyond what they were willing to give up for the starter. On Saturday, Peter Gammons revealed that the White Sox had floated Francis Martes, Kyle Tucker and Joe Musgrove as a possible return for Quintana.
It’s a strategy that worked well for Chicago in the past, most recently when they dealt Chris Sale to the Red Sox for Yoan Moncada and Michael Kopech, among others, and flipped Adam Eaton to the Nationals for a trio of pitching prospects. Astros’ GM Jeff Luhnow didn’t appear eager to sacrifice some of his core talent to net a high-end starter, however, and told the Houston Chronicle’s Jake Kaplan as much on Wednesday:
We’re prepared to trade players to improve our club right now. […] We’re just not prepared to trade away players that are core to our production in 2017, and those are sometimes the players that are required to get these deals done.
While Lunhow was speaking specifically to the inclusion of third baseman Alex Bregman in future deals, it’s not unrealistic to think that top prospects Francis Martes and Kyle Tucker would also be considered instrumental to the Astros’ plans for the next few seasons.
Martes, 21, currently sits atop the team’s top prospect list on MLB.com. The right-hander blazed through his first full season in Double-A Corpus Christi, posting a 3.30 ERA and career-best 9.4 K/9 over 125 1/3 innings in 2016. Tucker, meanwhile, profiles as the Astros’ second-best prospect and made a successful jump to High-A Lancaster last season, slashing .339/.435/.661 in 69 PA. Rookie right-hander Joe Musgrove is the only player left off the top prospect list, but he got off to a decent start with the club in 2016 as well, going 4-4 with a 4.06 ERA and 3.44 K/BB rate in 62 innings during his first major league season.