I have obtained copies of the documents supporting the temporary restraining order issued today preventing Major League Baseball and the Nationals from enforcing the arbitration which ruled in the Nationals’ favor in connection with its dispute with the Orioles over cable rights fees. They are embedded below. Click on the document name for a larger size.
The upshot of the arguments, for those who do not wish to read: MASN is asking that the arbitration be set aside for conflict of interest for the most part. The argument includes the following claims:
- The same lawyers represented the Nationals, Major League Baseball and the clubs of the three owners who comprised the arbitration panel;
- “The three arbitrators, MLB and the Commissioner of Baseball, all had a direct and significant pecuniary interest in the outcome of the arbitration.”
- The authority set up to determine the amount of money the Nats were supposed to get from MASN “exceeded its authority by intentionally refusing to use its established methodology to determine the fair market value of the telecast rights fees as mandated . . .”
Some of this is silly. Major League Baseball and its clubs, for certain purposes, are always represented by the same counsel and everyone knows this. As such, claims that these alleged conflicts “were not disclosed” don’t seen particularly important here. The one about the panel not being impartial because they are owners of other clubs and thus have a stake — and maybe a conflict — regarding the rights fees may be more legitimate.
It’s worth noting, however, as we noted in the A-Rod/Biogenesis case, that having arbitration awards set aside is extremely difficult.
The Marlins were somehow able to muster up the strength not only to play Monday night’s game against the Mets, but also win it convincingly one day after losing Jose Fernandez in a tragic boating accident. The Marlins and Mets helped pay tribute to Fernandez prior to the start of the game as outlined here.
When the game started, the Marlins came out of the gate with a bang. Dee Gordon homered in his first at-bat, then the club hung a four-spot in the second inning. They tacked on two more in the third inning to chase starter Bartolo Colon and take a commanding 7-0 lead. The Mets chipped away for two runs in the fifth on an Asdrubal Cabrera two-run homer and tacked on one more in the eighth, but ultimately fell short by a 7-3 margin.
Gordon finished 4-for-5 with the homer and two RBI. Justin Bour went 3-for-3 with a single, double, triple, and a walk along with an RBI and two runs scored.
A.J. Ramos, who closed out the win, placed the ball on the pitcher’s mound for Fernandez. The Marlins huddled around the mound and said a prayer. The players huddled closer to the rubber on the mound, then left their hats behind as they retreated to the clubhouse as fans at Marlins Park chanted, “Jose, Jose, Jose.”
In a post-game interview, Gordon called his first-inning home run “the best moment of my life,” as NBC 6 Sports reports.
The Indians beat the Tigers 7-4 at Comerica Park on Monday night, clinching the AL Central for their first division title since 2007. Starter Corey Kluber lasted only four innings before exiting with right groin tightness, but the Indians were able to overcome the adversity.
Coco Crisp gave the Indians their first two runs with a two-run home run in the second inning off of starter Buck Farmer. The Tigers would promptly tie the game on a two-run homer by J.D. Martinez in the bottom half of the inning.
In the fifth, an RBI double by Jason Kipnis and a sacrifice fly by Mike Napoli put the Tribe back on top 4-2. The Tigers answered once again with a Miguel Cabrera RBI single in the bottom half to make it 4-3.
Roberto Perez homered for the Indians in the top of the top of the seventh, and Cabrera answered with another RBI single in the bottom half to keep it within one run at 5-4.
The Indians tacked on another insurance run in the eighth on three consecutive two-out singles by Crisp, Rajai Davis, and Perez. Carlos Santana then hit what should have been the final out of the eighth inning, but J.D. Martinez botched the catch, allowing the Indians’ seventh run to score.
Cody Allen shut the Tigers down in the bottom of the ninth, protecting the 7-4 lead for his 30th save of the season.
The last time the Indians won the AL Central, their starting lineup featured a 28-year-old Victor Martinez, a 25-year-old Jhonny Peralta, a 24-year-old Grady Sizemore, and a 26-year-old CC Sabathia. It’s been a long time.
The American League playoff picture still isn’t set yet, so the Indians will be intently watching the final week of the season to see who will be their playoff opponent.