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Read the documents filed in the Orioles-Nationals-MASN lawsuit

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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.

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Jon Niese leaves start with knee pain

PHOENIX, AZ - AUGUST 17:  Jonathon Niese #49 of the New York Mets delivers a pitch during the first inning against the Arizona Diamondbacks at Chase Field on August 17, 2016 in Phoenix, Arizona.  (Photo by Jennifer Stewart/Getty Images)
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Mets starter Jon Niese left his start Tuesday night against the Cardinals due to left knee pain.

Niese walked two and gave up an RBI single before leaving with a trainer with one out in the bottom of the first inning. He was eventually charged with three earned runs. Robert Gsellman, just up from Las Vegas, took over, making his major league debut under unexpected circumstances.

Niese, who has not pitched well at all since coming over in a trade with the Pirates, is likely to be placed on the disabled list after the game or before tomorrow’s game.

Mark Trumbo’s home run streak ends

OAKLAND, CA - AUGUST 11:  Mark Trumbo #45 of the Baltimore Orioles hits an RBI single against the Oakland Athletics during the fourth inning at the Oakland Coliseum on August 11, 2016 in Oakland, California. The Baltimore Orioles defeated the Oakland Athletics 9-6. (Photo by Jason O. Watson/Getty Images)
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Mark Trumbo still has many chances to hit a home run tonight — it’s only been an inning or so in the Nats-Orioles game — but his weird home run streak is over.

Coming into tonight’s game, Trumbo’s last seven hits had been homers. The all-time record had been 11, set by Mark McGwire back in 2001. The last time Trumbo got a hit that wasn’t a dong was back on August 11. Later in that game, however, he hit a grand slam. After that he went 6 for his next 34, with all those safeties dingers.

But that’s over now. In the first inning tonight he drove in a run with a two-out single. Then he was thrown out trying to stretch it to two. Good job on the RBIs, Mark. Bad job on the base running. Judgment withheld on the homer streak because, really, that’s just kind of weird and cool.