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A-Rod handed 211-game ban; eligible pending appeal

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New York Yankees third baseman Alex Rodriguez was one of 13 Major League Baseball players who were suspended on Monday for receiving performance-enhancing drugs from a shuttered Miami wellness clinic, the league announced.

Rodriguez received a 211-game punishment from the league, which would be effective on Thursday and last through the end of the 2014 season. He is appealing the ban, the league said, and is eligible to play until an appeals verdict is rendered.

“I’m fighting for my life,” an emotional Rodriguez said at a press conference just after 6 p.m. “I have to defend myself. If I don’t defend myself, no one will.”

Rodriguez called the last seven months “a nightmare” and refused to admit he used performance enhancing drugs.

The bans to the other players linked with the Biogenesis clinic are effective immediately, which knocks out those players for virtually all of the remaining games this regular season. They would be eligible for the postseason, should their teams reach and the terms of their suspensions end.

“As a social institution with enormous social responsibilities, baseball must do everything it can to maintain integrity, fairness and a level playing field,” MLB Commissioner Bud Selig said in a statement. “We are committed to working together with players to reiterate that performance-enhancing drugs will not be tolerated in our game.”

MORE: A-Rod’s suspension is crazy and should be reduced

Rodriguez said in a statement on Monday that he planned to fight his suspension through the appeals process.

“I am eager to get back on the field and be with my teammates in Chicago tonight,” Rodriguez said. I want to thank my family, friends and fans who have stood by myself through all this.”

Rodriguez also spoke to the media in a pair of news conferences over the weekend. He declined to discuss the case in details, citing an ongoing investigation, but he seemed to hint that forces were conspiring to keep him from playing.

“There is more than one party that benefits from me not ever stepping on the field,” Rodriguez said Friday night. “It is not my teammates, it is not the Yankees fans. People have been trying to get creative trying to cancel my contract.”

The Yankees took the unusual step of distancing themselves from the league’s investigation of Rodriguez, saying that they agreed with the punishment but did not help the inquiry.

“The New York Yankees in no way instituted and/or assisted MLB in the direction of this investigation; or used the investigation as an attempt to avoid its responsibilities under a player contract; or did its medical staff fail to provide the appropriate standard of care to Alex Rodriguez,” the team’s statement said.

MLB Players Association head Michael Weiner agreed with the 50-game punishments but took issue with Rodriguez’s suspension, saying that Selig was not acting within his rights under the Collective Bargaining Agreement between the league and union.

“Mr. Rodriguez knows that the Union, consistent with its history, will defend his rights vigorously,” Weiner said.

MORE: MLBPA believes Selig acted improperly

Rodriguez’s attorney David Cornwell, echoed the union’s sentiment.

“It is regrettable that the Commissioner’s office has taken this unprecedented action,” Cornwell said in a statement. “Major League Baseball has gone well beyond the authority granted to its Joint Drug Agreement and the Basic Agreement. Consequently, we will appeal the discipline and pursue all legal remedies available to Alex.”

The full list of suspended players is: Nelson Cruz, Texas Rangers; Everth Cabrera, San Diego Padres; Jhonny Peralta, Detroit Tigers; Francisco Cervelli, New York Yankees; Jesus Montero, Seattle Mariners; Jordany Valdespin, New York Mets; Sergio Escalona, Houston Astros; Fautino De Los Santos, San Diego Padres; Cesar Puello, New York Mets; Fernando Martinez, New York Yankees; Antonio Bastardo, Philadelphia Phillies; Jordan Norberto, free agent.

MORE: Several Biogenesis players are stunningly equally ashamed of themselves

Cruz, who is a free agent after this season, said in a statement that he began using PEDs to recover from illness that caused him to lose 40 lbs before the 2012 season. Concerned that he would not recover quickly enough, he said he began doping.

“Faced with this situation, I made an error in judgment that I deeply regret, and I accept full responsibility for that error,” he said. “I should have handled the situation differently, and my illness was no excuse.”

A’s pitcher Bartolo Colon, Blue Jays outfielder Melky Cabrera and Padres catcher Yasmani Grandal also were connected to the clinic by several reports, but all three were suspended for positive tests over the past year — which reportedly overlaps with MLB’s Biogenesis records — so another suspension would be considered double jeopardy. Brewers outfielder Ryan Braun accepted a 65-game ban last month for his involvement with the clinic.

Selig lauded the success of the league’s drug policy, which succeeded despite only one known positive test: Braun was caught for a PED violation before the 2012 season but won his case on appeal. Players suspended Monday were done so for non-analytical positives, which occur when the league has evidence of a player’s use despite not having a positive test.

In this case, the league received cooperation from Biogenesis founder Anthony Bosch, who agreed to cooperate and share evidence in exchange for the league’s dropping a lawsuit against him, indemnifying him against further damages and paying some, or all, of his legal fees according to ESPN. MLB had no comment about its involvement with Bosch.

MORE: MLB statement on the Biogenesis suspensions

“This case resoundingly illustrates that the strength of our Program is not limited only to testing,” Selig said. “We continue to attack this issue on every front – from science and research, to education and awareness, to fact-finding and investigative skills.

The allegations against Rodriguez and others were first revealed in late January, when the Miami New Times published a report that connected them to Bosch and his clinic. Bosch reportedly provided a group of MLB players with human growth hormone and steroids as early as December 2011. The New Times story, along with reports by Yahoo! Sports and ESPN, reportedly spurred MLB’s investigation.

“Despite the challenges this situation has created during a great season on the field, we pursued this matter because it was not only the right thing to do, but the only thing to do,” Selig said.

Bosch faces a federal inquiry into whether Biogenesis illegally distributed steroids to high school students and major leaguers, according to reports by ESPN and the Miami Herald. Bosch’s lawyer, Susy Ribero-Ayala, has not responded to messages left by NBC Sports.

The matter reportedly is being handled by Jeff Novitzky, the federal agent who directed investigations of BALCO, a clinic in the Bay Area that was found to have distributed steroids to athletes.

Rodriguez, 38, is fifth on MLB’s career home run list, with 647 spread over two decades with three teams. Barry Bonds holds the record, with 762, but many fans believe that mark to be illegitimate because of Bonds’ tie to BALCO.

Rodriguez admitted in 2009 that he used steroids for three years, from 2001-03, while he was a member of the Texas Rangers. His name also appeared on a list of 104 players who tested positive for PEDs in a 2003 MLB survey, according to a report by Sports Illustrated.

The survey, which was confidential, reportedly was done to measure the extent of baseball’s problem with performance-enhancing drugs, not to determine who was actually using them. So Rodriguez’s alleged positive test could not have resulted in punishment.

Rodriguez has yet to play this year after undergoing arthroscopic surgery on his left hip in January. His recovery efforts stalled in mid-July, when he strained his left quadriceps. Rodriguez claimed he was ready to return. The Yankees said he was not.

Rodriguez sought a second opinion from a New Jersey doctor, who examined an MRI of the slugger’s leg and proclaimed him fit both over the telephone and in a subsequent media blitz. The Yankees were displeased that Rodriguez sought a second opinion without informing them in writing first, according to ESPN.

Adams homers in 16th to lift Cardinals over Dodgers 4-3

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ST. LOUIS — Matt Adams homered in the 16th inning to lead the Cardinals to a 4-3 win over the Los Angeles Dodgers on Friday night for St. Louis’ season-best fifth straight victory.

It was the second consecutive game that the Cardinals won in their final at-bat. They beat the Padres on Thursday after scoring a run in the ninth inning.

Adams homer came with one out off Bud Norris (5-9), who gave up six runs as a starter in an 8-1 loss at Washington on Wednesday.

Seth Maness (1-2) picked up the win with a scoreless inning of relief for St. Louis, which was playing its longest game of the season.

Jedd Gyorko hit a two-out homer off closer Kenley Jansen in the ninth to tie the game 3-3.

Justin Turner and Howie Kendrick homered for the Dodgers. Los Angeles has lost four of six. The red-hot Turner has seven homers and 17 RBI this month. He hit two homers in a 6-3 win over Washington on Thursday.

Turner blasted his career-high 18th homer of the season off Seung Hwan Oh in the ninth to break a 2-2 tie.

Corey Seager had four hits and drove in the first run of the game. He had hit in seven successive at-bats before flying out in the ninth.

Kendrick’s solo shot in the sixth tied the game 2-2. He has hit in 14 successive games trying Colorado’s Charlie Blackmon for the longest current streak in the majors.

Los Angeles starter Brandon McCarthy allowed one hit and two runs over 6 1-3 innings, the longest of his four starts this season. He left with leg cramps. McCarthy struck out four and walked three.

St. Louis starter Michael Wacha allowed two runs on 10 hits in six innings. He struck out four and walked one.

Dodgers reliever Adam Liberatore recorded his 28th successive scoreless outing by retiring two of four batters in the seventh. He has not allowed a run in 41 of 42 appearances this season.

Minor League Players’ Wage Suit against Major League Baseball suffers a huge setback

The judge's gavel is seen in court room 422 of the New York Supreme Court at 60 Centre Street February 3, 2012. REUTERS/Chip East
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A judge handed minor leaguers looking to hold Major League Baseball liable for underpaying and exploiting them a huge setback today, ruling that the case cannot go forward as a class action. Minor leaguers who want to sue over their pay and treatment still can, but they’ll have to do it individually. The ruling saps the minor leaguers of their leverage, as Major League Baseball would likely be able to fend off individual cases which, by themselves, might only amount to several thousand dollars per claim.

The background: in 2014, former Miami Marlins player Aaron Senne sued Major League Baseball, Bud Selig, and three major league clubs claiming that minor leaguers are underpaid and exploited in violation of the Fair Labor Standards Act. He was later joined by former Royals minor leaguer Michael Liberto and Giants farmhand Oliver Odle. Eventually others joined and the suit had been expanded to 22 teams as defendants.

The upshot of the case is that, while the minor league season lasts only part of the year, players are required to do all sorts of things outside of merely playing games for which they are not compensated. Training, meetings, appearances and the like. When all of that time is added up, the players claim, their already low salaries are effectively far below minimum wage in violation of the law. Major League Baseball has countered this by claiming that minor leaguers are basically part time seasonal workers — like landscapers and pool boys — who are not subject to federal labor laws.

Last year the judge gave the case conditional certification, allowing the players to try to establish that it should go forward as a class action. This would streamline the case from the plaintiffs’ perspective and give them the power of collective action by asserting hundreds or more similar cases into one proceeding. The judge’s ruling today, however, was that the cases really weren’t factually similar and thus collective action was not appropriate because figuring out how many hours each player worked and what was required of him varied too greatly among the players.

From his order:

“The difficulties associated with determining what activities constitute ‘work’ in the context of winter training are compounded by the fact that there appear to be no official records documenting these activities. Because it may be impossible to determine from official records the types of conditioning activities in which the players engaged, membership in the state classes based on winter training would depend largely upon the players’ ability to remember, with a reasonable amount of detail, what they did during the off-season (often for multiple years and for many, several years in the past) to stay fit.”

The judge said that, in light of this, each case would be unique and would require “individualized inquiries” to find damages and liability. That phrase –“individualized inquiries” — constitutes magic words which sink would-be class actions. If a company overcharges all of its customers by $8 due to an error repeated a million times, it’s easy to look at one set of facts and judge them together. If you had to look at a million different wrongs, that’s no class action. And so it is not a class action for the players.

As many courts who have dealt with these sorts of cases have noted, for many plaintiffs, a class action is the only practical method of adjudicating Fair Labor Standards Act cases because individual plaintiffs are frequently unable to bear the costs of separate trials. They are, by definition, (allegedly) exploited workers. They’re not going to be able to pay legal costs and fight off a multi-billion dollar business in order to collect the few thousand dollars they were underpaid. At the same time, however, the defendants have rights too and, if the facts of each players’ treatment truly differ (e.g. the Yankees make their minor leaguers do more than the Brewers do) it’s not fair to bind one defendant’s defense to the acts of another.

So, where does this leave the players? Not dead. Not yet, at least. Their claims have not been dismissed on the merits. They have only been denied the right to act collectively. The individual plaintiffs can now file separate lawsuits against their former employers and Major League Baseball under the same theories. It would be harder to land a big blow in such a scenario, but if enough do, it could end up being death by a thousand cuts for the clubs and the league. Their legal fees might go up and, eventually, if they lose enough of these cases, more might be filed. There are a lot of former minor leaguers, after all, and once there’s some blood in the water, more of them — and their lawyers — may enter the frenzy. Decertification is certainly a win for the league right now, but it’s not necessarily a permanent win.

There are likewise some other quasi-collective forms this case could take such as multi-district litigation in which the cases, while individual, are coordinated in a loose fashion. That could lead to some efficiencies for suing players even if it’s not as robust as a class action.

We’ve written quite a bit about minor league pay and treatment in this space by now, so you probably know where we stand on it. We believe that minor leaguers are exploited and underpaid and we believe that Major League Baseball has been happy to exploit and underpay them for some time. Ultimately we believe that this state of affairs cannot and will not persist and that eventually, somehow, baseball will either see fit to pay its workers fairly or, more likely, will be forced to do so by a court or by collective bargaining of some fashion.

Today, however, was a big setback for the minor leaguers. Today’s ruling will give Major League Baseball and its clubs more time and more comfort in which to underpay them. There’s no doubt about it.