This, pointed out to me by Scott Lemieux of Lawyers Guns and Money, is most curious.
The big issue I have with the arbitrator’s ruling was his odd tap dance between section 7(A) of the Joint Drug Agreement — which provides for progressive, 50/100/lifetime discipline, and section 7(G) which gives Bud Selig “just cause” power to discipline players. As I argued last night, I think the arbitrator botched this and should have considered it all a first offense for A-Rod under 7(A).
But, in many ways, the issue is moot. Because, as Horowitz stated in his opinion, the MLBPA and A-Rod conceded the point, agreeing that section 7(G) and “just cause” apply:
But check this out, from A-Rod’s complaint filed in federal court yesterday:
See that? There A-Rod’s lawyers are saying they did not concede this. They think 7(A)’s 50/100/lifetime matrix applies.
So who’s wrong here? Did the arbitrator simply dismiss A-Rod’s objections to which discipline provision applies and state that everyone agrees, or are A-Rod’s lawyers misrepresenting the record and conveniently forget the fact that they conceded the point?
The Cubs soundly defeated the Cardinals on Monday night, 10-2, sending their magic number down to one. They will try to clinch the NL Central on Tuesday with another win against the Cardinals. Alternatively, if they lose, they can still clinch if the Brewers also lose on Tuesday.
The Cubs, of course, won the Central last year en route to winning their first World Series since 1908. It wasn’t nearly as easy this year as the club was below .500 entering June and was exactly at .500 entering July. A 16-8 July, 17-12 August, and 15-8 September have helped put the Cubs back in position to return to the postseason.
Not to be forgotten, the Cardinals were eliminated from NL Central contention with Monday’s loss. Now they have their sights set on the second NL Wild Card slot and currently trail the Rockies in that race.
The matchups for Tuesday’s action:
Dennis Lin of the San Diego Union Tribune reports that Padres pitcher Carter Capps will undergo surgery this offseason to address thoracic outlet syndrome, which doctors believe caused the right-hander’s blood clots. The Padres hope to have him ready by spring training next year.
Capps, 27, underwent Tommy John surgery last year and didn’t debut this season until August 7. He made 11 relief appearances, yielding nine runs on 12 hits and two walks with seven strikeouts in 12 1/3 innings. He went back on the DL on September 12 due to the blood clot issue.
The Padres acquired Capps from the Marlins last July in the Andrew Cashner trade which ended up having a lot of moving parts. Capps will enter his third and final year of arbitration eligibility this offseason. It’s quite possible the Padres choose to non-tender him.