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01-29-2013
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#16
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Senior Member
Joined: | Mar 2012 |
Location: | WPB, FL |
Posts: | 2,771 |
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Quote:
Originally Posted by ABQCOWBOY
Yes. It was the usage of PEDs that allowed for the Yankees to get out of that contract.
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This should be part of every contract of every MLB player.
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01-29-2013
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#17
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Senior Member
Joined: | Apr 2004 |
Posts: | 4,812 |
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Quote:
Originally Posted by ABQCOWBOY
Yes. It was the usage of PEDs that allowed for the Yankees to get out of that contract.
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The Yankees never got out of Giambi's contract. They had an option year on the end of the deal and declined it.
Current MLB policy is that teams may take no action against any player due to drug issues, performance enhancing or otherwise. The league itself is the only entity with that power.
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01-30-2013
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#18
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Sanka, Ya Dead Mon? Ya Mon.
Joined: | Jan 2011 |
Location: | Dallas |
Posts: | 4,214 |
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Quote:
Originally Posted by CashMan
I think that depends on what you classify PED as. Coffee? Energy Drink? HGH?
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Banned substances used to enhance performance.
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01-30-2013
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#19
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Moderator
Years Donated 2004, 2007, 2008, 2009, 2010, 2011, 2012, 2013
Joined: | Apr 2004 |
Posts: | 29,550 |
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Quote:
Originally Posted by StanleySpadowski
The Yankees never got out of Giambi's contract. They had an option year on the end of the deal and declined it.
Current MLB policy is that teams may take no action against any player due to drug issues, performance enhancing or otherwise. The league itself is the only entity with that power.
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Auhh. I didn't realize that. Thank you for that info.
I know that contracts are guaranteed in Baseball but I also know that language in contracts, especially more recently, are included in contract language specific to illegal usage of things like PEDs.
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01-30-2013
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#20
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Senior Member
Joined: | Apr 2004 |
Posts: | 4,812 |
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Quote:
Originally Posted by ABQCOWBOY
Auhh. I didn't realize that. Thank you for that info.
I know that contracts are guaranteed in Baseball but I also know that language in contracts, especially more recently, are included in contract language specific to illegal usage of things like PEDs.
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I'm not aware of any contract approved by the Commissioner's office that includes anything of the sort.
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01-30-2013
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#21
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Moderator
Years Donated 2004, 2007, 2008, 2009, 2010, 2011, 2012, 2013
Joined: | Apr 2004 |
Posts: | 29,550 |
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Quote:
Originally Posted by StanleySpadowski
I'm not aware of any contract approved by the Commissioner's office that includes anything of the sort.
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Heard an interview just this morning over this. Apparently, it's something that is being done more and more because of this very thing.
Typically, teams in this situation have either moved players and eaten portions of their contracts, cut them and simply ate the entire remainder or just cut them and fought the contract after the fact. Usually a settlement situation. Now, I guess, teams are realizing that this whole PEDs thing could easily get out of control and are trying to take measures to safeguard themselves.
I've never seen a player contract so I don't know what they might have looked like before but I thought this was interesting. I also think it's necessary. Teams can not continue to give such lucrative contracts to players who may not be in the league in a years time because of PEDs. MLB, at this point, can not stay in front of the testing curve so your always in a situation where you learn after the fact. Just too much money involved. To many potential long term issues. I imagine the Player's Union will fight it but I don't really think they have a chance on this issue. This is something that I think could kill a Franchise and by extension, the players so I think there will have to be give here.
I long for the days when sports were about playing. I feel bad for those who will never see that side of Pro Sports. It is what it is I suppose.
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01-30-2013
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#22
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Senior Member
Joined: | Mar 2012 |
Location: | WPB, FL |
Posts: | 2,771 |
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One would think the Yankees are weighing all options with regards to A-Fraud.
If they have any way to get out of that contract you can bet they will attempt to.
It will be interesting to see if anything can be done to get out of the contract or reach some sort of settlement.
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01-30-2013
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#23
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Senior Member
Joined: | Mar 2012 |
Location: | WPB, FL |
Posts: | 2,771 |
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http://espn.go.com/new-york/mlb/stor...ording-sources
Looks like the Skankees are going to try to get out of the contract.
Can it be done?
My guess is a settlement with A-Roid is their best shot.
Could the team just refuse to pay him and then fight it in court? If there is no provision for an out in the contract they would have to come up with something like PED's used by ARod violate the good faith part of negotiations and the reason for giving the contract in the 1st place. Show evidence of PED's causing long term harm to the body and blame ARod for that. Would that work? Who knows.
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01-30-2013
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#24
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Senior Member
Joined: | Apr 2004 |
Posts: | 4,812 |
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The Yankees will end up honoring Rodriguez's contract. This has been "explored" numerous times by numerous teams always ending in the same conclusion, they can't be voided.
The only out teams haven't tried is paying the contract then filing suit for fraud. The MLBPA wouldn't stand for that though.
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01-30-2013
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#25
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Senior Member
Joined: | Mar 2012 |
Location: | WPB, FL |
Posts: | 2,771 |
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Quote:
Originally Posted by StanleySpadowski
The Yankees will end up honoring Rodriguez's contract. This has been "explored" numerous times by numerous teams always ending in the same conclusion, they can't be voided.
The only out teams haven't tried is paying the contract then filing suit for fraud. The MLBPA wouldn't stand for that though.
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If they dont want to honor the contract then they should not pay and fight to keep their money. Once they pay, then going after it would be tough. If they hold out they could hope for an agreed settlement.
My guess is they dont have an out and A-Fraud will get his $$$$ even if he never wears the pinstripes again. They are on the hook for the money so they should just make whatever decision is in the best interest of the club. That money is already spent.
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01-31-2013
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#26
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Moderator
Years Donated 2004, 2007, 2008, 2009, 2010, 2011, 2012, 2013
Joined: | Apr 2004 |
Posts: | 29,550 |
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Actually, it's being reported that the Yankees are looking at at least 20 different legal options to void the contract, if it's determined by MLB that A-Rod did break the rules.
Chief among these, according to the report, is the contract language that forbids players from using none team sanctioned Medical Treatment from an outside source. This, apparently, would constitute Breach Of Contract.
Who knows what's real and what is not at this point but if MLB finds A-Rod to be guilty of using, the Yankees seem to be serious about voiding his contract.
At worst, they will kill the contract and force A-Rod to fight it in court. This will get expensive and the Yankees may end up paying him in an out of court settlement but even if that happens, that's a win for the Yankees because they would force A-Rod to settle for say .50 cents on the Dollar. Still, a lot of money but not as much as they would have to pay if they just cut him and paid the contract.
The Yankees will not have A-Rod on the team next season. That seems pretty clear at this point.
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02-01-2013
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#27
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Senior Member
Joined: | Apr 2004 |
Posts: | 4,812 |
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Quote:
Originally Posted by ABQCOWBOY
Actually, it's being reported that the Yankees are looking at at least 20 different legal options to void the contract, if it's determined by MLB that A-Rod did break the rules.
Chief among these, according to the report, is the contract language that forbids players from using none team sanctioned Medical Treatment from an outside source. This, apparently, would constitute Breach Of Contract.
Who knows what's real and what is not at this point but if MLB finds A-Rod to be guilty of using, the Yankees seem to be serious about voiding his contract.
[View Full Quote]At worst, they will kill the contract and force A-Rod to fight it in court. This will get expensive and the Yankees may end up paying him in an out of court settlement but even if that happens, that's a win for the Yankees because they would force A-Rod to settle for say .50 cents on the Dollar. Still, a lot of money but not as much as they would have to pay if they just cut him and paid the contract.
The Yankees will not have A-Rod on the team next season. That seems pretty clear at this point.
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They've explored 20 different options because none of them hold any water. A team may pursue a Plan B. When they're down to Plan U, they're pretty much stuck.
If they just stop paying him and sue, they may be on the hook for many times the contract, plus damages, plus fees.
That doesn't even delve into the issues with the league office regarding the luxury tax or MLBPA.
I doubt he suits up for the Yankees in '13 but I would be stunned if they aren't paying him.
I just don't think you grasp the enormity of the situation. This isn't about him, it's about the inner workings of baseball contracts, the strength of the MLBPA...
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02-01-2013
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#28
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Moderator
Years Donated 2004, 2007, 2008, 2009, 2010, 2011, 2012, 2013
Joined: | Apr 2004 |
Posts: | 29,550 |
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Quote:
Originally Posted by StanleySpadowski
They've explored 20 different options because none of them hold any water. A team may pursue a Plan B. When they're down to Plan U, they're pretty much stuck.
If they just stop paying him and sue, they may be on the hook for many times the contract, plus damages, plus fees.
That doesn't even delve into the issues with the league office regarding the luxury tax or MLBPA.
I doubt he suits up for the Yankees in '13 but I would be stunned if they aren't paying him.
I just don't think you grasp the enormity of the situation. This isn't about him, it's about the inner workings of baseball contracts, the strength of the MLBPA...
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On the contrary, I grasp it fully. This is a League issue and while I understand that the Player's Union will support players and there are Legal Issues, the game is what's really at stake here. Teams can not afford to give out these huge contracts, only to have players found using. That basically kills the team and the cap. Something has to give. Will it be the money that is payed to the players? Don't think so. Will it be the League accepting PEDs? Don't think so. Will it be the Teams just continuing to lose money on the huge contracts? Don't think so.
I understand fully whats involved here. I also understand that the numbers don't work. Something has to change and it will be the contracts and what players can be held to at the end of the day. There is no support for the Unions or the Players on this position. This is what I believe will eventually happen.
What's more, if you don't fix this (Union and Players), your going to leave yourself open to Government Intervention and nobody wants that. That's a lose/lose all the way around.
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02-01-2013
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#29
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Senior Member
Joined: | Apr 2004 |
Location: | Austin, TX |
Posts: | 17,945 |
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Quote:
Originally Posted by ABQCOWBOY
I long for the days when sports were about playing. I feel bad for those who will never see that side of Pro Sports. It is what it is I suppose.
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When was that exactly?
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02-01-2013
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#30
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Moderator
Years Donated 2004, 2007, 2008, 2009, 2010, 2011, 2012, 2013
Joined: | Apr 2004 |
Posts: | 29,550 |
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Quote:
Originally Posted by WPBCowboysFan
One would think the Yankees are weighing all options with regards to A-Fraud.
If they have any way to get out of that contract you can bet they will attempt to.
It will be interesting to see if anything can be done to get out of the contract or reach some sort of settlement.
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This is what I think will happen. I think the Yankees will fight it legally until they force A-Rod to either request a trade or retire. I mean, if they can tie it up for two years, lets say, that's a long time in the playing life of A-Rod. If he does want to play, he's going to have consider settling. The longer the Yankees keep him on the shelf, the closer A-Rod gets to retiring. Either way, A-Rod loses money so I do see this as a viable method for the Yankees to force a settlement.
JMO of course.
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