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.
Dodgers’ left fielder Andrew Toles crushed his first spring training home run on Saturday afternoon. With the bases loaded and a two-run deficit hanging over their heads in the fourth inning, Toles stepped up to the plate against Oakland right-hander Jesse Hahn and unloaded a grand slam on the second pitch he saw.
Third baseman Justin Turner was quick to follow up with a solo jack of his own, bringing the score to a comfortable 7-4 lead by the end of the fourth. Another three-run outburst in the fifth and an eighth-inning RBI single by Austin Barnes raised the final score to 11-6… which, coincidentally, was the same score the Reds used to defeat the Athletics’ second split-squad lineup on Saturday (albeit with a few more RBI walks than grand slams).
Toles, 24, is approaching his sophomore season with the Dodgers in 2017. He slashed .314/.365/.505 with three home runs and an .870 OPS in his first major league season in 2016 and is expected to platoon with the right-handed Franklin Gutierrez in left field this year.
David Price showed “strength improvements” in his elbow on Saturday, but Red Sox’ manager John Farrell still doesn’t think the left-hander will be ready to throw by the start of the season — or for a few weeks afterward. According to ESPN’s Scott Lauber, the 31-year-old might not be ready to debut until May at the earliest.
Price hasn’t thrown off of a mound this spring after experiencing soreness in his left elbow on March 1. Surgery doesn’t appear to be necessary, but the Red Sox are playing it extra safe with their No. 3 starter in hopes that rest and rehabilitation will return him to full health sometime during the 2017 season. For now, Price has been restricted to short games of catch until he’s cleared to resume a more rigorous throwing program. Via MLB.com’s Ian Browne:
[There were] strength improvements to the point of putting the ball back in his hand a little more consistently,” said manager John Farrell. “Today’s the first step for that. A short game of catch. That’s what he’s going through. Not off a mound but just to get the arm moving with a ball in flight, and he will continue in this phase for a period of time. There’s no set distance and volume yet to the throws.
The lefty is coming off of a lackluster 2016 season, during which he delivered a 3.99 ERA, 2.0 BB/9 and 8.9 SO/9 over 230 innings for the Red Sox.