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almost looks like theyre disinterested to
in Allgemein 08.11.2019 14:40von MJL456 • 2.720 Beiträge
Major League Baseball has suspended Milwaukee Brewers outfielder and 2011 league MVP Ryan Braun without pay for the remainder of the 2013 season for PED use. That means hes out for the final 65 games of the season. As a result of the suspension, Braun will forfeit $3.25 million. This is what Braun and his lawyers came up with as far as a prepared statement: "As I have acknowledged in the past, I am not perfect. I realize now that I have made some mistakes. I am willing to accept the consequences of those actions. This situation has taken a toll on me and my entire family, and it ... has been a distraction to my teammates and the Brewers organization. I am very grateful for the support I have received from players, ownership and the fans in Milwaukee and around the country. Finally, I wish to apologize to anyone I may have disappointed - all of the baseball fans especially those in Milwaukee, the great Brewers organization, and my teammates. I am glad to have this matter behind me once and for all, and I cannot wait to get back to the game I love." Why didnt Braun say he did PEDs? While Braun agreed to the suspension, he does not expressly admit in his statement that he used PEDs; he just says mistakes were made. Presumably, that was done to avoid incriminating himself (any further). His lawyers want to insulate Braun from potential criminal or civil liability. While that may never come into play, his lawyers want to be extra careful with what Braun says and admits. Why a 65-game suspension? MLB suspended Braun under its Drug Policy called the Joint Drug Prevention and Treatment Program. The Drug Policy provides for a suspension of 50 games for the first violation, 100 games for the second and banishment for the third. The Drug Policy also provides that absent a positive drug test, MLB can rely on other evidence to show that a player has used or possessed PEDs. Thats called a non-analytical positive. Thats what happened here. The Drug Policy also provides that a player may be suspended if he has facilitated the sale or distribution of PEDs. For baseball, facilitation could include lying about a connection to Biogenesis, since that would interfere with the investigation into the anti-aging clinic. Back to the 65 games. The length of the suspension suggests that a deal was reached. While its tough to know for sure without being a performance enhanced fly on the wall during negotiations, the sides may have agreed to dispose of the matter, including a guarantee of no appeal, in exchange for meeting somewhere in the middle – or close to it. I thought baseball said it might suspend players for 100 games. So does the 65 game suspension suggest that MLB didnt think it had a great case? No - quite the opposite. In order to agree to a suspension without a positive drug test, while also forfeiting the right of appeal, Brauns lawyers must have concluded that the evidence against their client was substantial and overwhelming. If it wasnt, Brauns lawyers would have vigorously contested the matter. Indeed, the circumstances as a whole suggest MLBs case was strong. Didnt Braun test positive for PEDs back in 2011? Yes. Braun tested positive for an elevated testosterone level in 2011 (20 times the normal level), but that suspension was overturned by the arbitrator Shyam Das on a chain of custody issue involving Brauns sample. You might remember that Braun adamantly and dogmatically declared his innocence. In part, he said this about clearing his name: "I cant wait to get that opportunity. This is all B.S. I am completely innocent." Tell me more about the appeal. The Drug Policy provides that a sample is to be taken by a "collector", and further, the collector must, absent unusual circumstances, FedEx the sample out that "same day". In the case of Braun, the collector Dino Laurenzi, Sr. didnt FedEx the sample out that same day and Brauns lawyers successfully attacked the suspension on that basis. Baseball was incensed with Das ruling – and they had good reason. The same Drug Policy also provides that if a collector cant get a sample out the same day, he or she can store it in a "cool and secure" location. Thats precisely what the collector did; still Das found for Braun and reversed the suspension. Didnt Braun say something mean about the collector? He wasnt terribly polite. He said this: "There are a lot of things weve heard about the collection process, the collector, and some other people involved in the process that have certainly been concerning to us." Braun was suggesting that Mr. Laurenzi had somehow acted unprofessionally or unethically, and ultimately – and at the very least – had not properly discharged his duties. Is that a problem from a legal standpoint? Defamation possibly comes into play. Defamation refers to saying something untrue that lowers a person in the esteem and minds of the public. Assuming that Braun was indeed dirty in 2011, Mr. Laurenzi could take the position that Braun defamed him. I dont think we will see Mr. Laurenzi file a lawsuit. Nevertheless, there is a reasonable basis upon which to consider the merits of such a claim. That last sentence was very lawyerly of you. Sorry. Ill try and avoid that. Does the 65 game suspension cover the 2011 positive drug test? Tough to know at this point. MLB did say it commends "Ryan Braun for taking responsibility for his past actions". So maybe the reference to past actions includes 2011. According to the T.J. Quinn from ESPNs Outside The Lines, the "evidence showed Braun used [a] sophisticated doping regimen for [an] extended period" of time. That may also suggest it did include 2011. Still, though, for now its not clear. Could the Brewers terminate Brauns contract? It would be tough. Very tough. Braun is owed $122 million through 2020, with a $15 million mutual option for 2021. Punishments for PED use are governed by the collectively bargained Drug Policy. So when a player tests positive, punishments are handled by the Drug Policy. Thats why the Drug Policy is there in the first place. Courts dont like it when a business has a specific policy in place dealing with a specific offence, and that business elects to ignore that specific policy and does its own thing. That is not, however, the complete answer. The player contract at Paragraph 7(b)(1) allows a team to terminate a contract if a player "fails, refuses or neglects to conform his personal conduct to the standards of good citizenship and good sportsmanship or to keep himself in first-class physical condition or to obey the clubs training rules." As well, Paragraph 7(b)(3), allows for termination if a player "fails, refuses or neglect to render his services hereunder or in any manner materially breach this contract." This is broad language and arguably may allow a team, for example, to allege that the use of PEDs had an adverse impact on a players health after he signed his deal, and on that basis he failed to discharge his obligations under his contract to keep himself in "first-class physical condition". That is hard to show. For example, unless a team can show a direct link between PED use and a players injury, they will fail in their bid to terminate or fire a player. A team could also argue that a player misrepresented himself before he signed a big deal, and on that basis they should be allowed to terminate the contract since they were not getting the player they thought they were getting. Again, though, the Drug Policy contemplates for drug use and how it should be handled. So thats your go-to document when a player tests positive. Fine....be that way. Could the Yankees terminate A-Rods contract? That would also be tough but may be worth considering. Rodriguez is 38-years-old as of July 27 and the Yankees owe him $86 million over the next 4 years (not including this season). The Yankees may believe they have better cheaper options available to them. Presumably, they would love nothing more than to rid themselves of his contract. In order to do so, they would have the very difficult task of showing that his injuries are the result of PED use. Again this is very tough to do and would likely not meet with success. However, the Yankees could look to void A-Rods contract with the real end game being a buyout on favourable terms. Why do lawyers charge for opening mail? Envelopes are heavy. Does Brauns suspension mean that all other players are also guilty? No. Braun accepting a suspension is not some type of admission that everyone else is guilty. Each case will be examined on its merits and different players may react differently. For example, another player faced with the same evidence as Braun may elect to contest the matter. That player could attack Anthony Bosch, the founder of Biogenesis and a key source of evidence. As someone who may have engaged in criminal activity, he lacks credibility and may have assisted the league with a view to insulating himself from liability. Indeed, Bosch is flawed. There may be upwards of 20 players suspended and to conclude that all players will go quietly is premature. This may just be the tip of the PED iceberg. Eric Macramalla is TSNs Legal Analyst and can be heard each week on TSN Radio 1050. You can follow him on Twitter @EricOnSportslaw. Air Jordan Discount .1 million pounds ($61.2 million) on Saturday, giving the beleaguered English Premier League champions a major lift. Jordan China . The defence is doing its part, too. Drew Brees threw a pair of touchdown passes in the first half and the guys on the other side made sure that was enough, sending the Saints to a 17-13 victory over the Atlanta Falcons on Thursday night. https://www.jordanchina.us/ .Y. - General manager Billy King says the Brooklyn Nets are looking to add a big man and confirmed the team worked out centre Jason Collins, who would become the first openly gay active NBA player if signed. Wholesale Air Jordan . LOUIS -- The New Orleans Saints looked like a team playing out the string. Cheap Air Jordan Free Shipping . Howard Ganz, an MLB lawyer, said in a letter to U.S. District Judge Edgardo Ramos that Rodriguezs claims do not come "remotely close" to what is needed to overturn an arbitration decision in federal court. BOSTON -- The Boston Celtics, still looking to have their entire team on the floor in the same game, host the road-weary Denver Nuggets on Sunday night.The Celtics (3-2) played the first three games of the season without the injured Marcus Smart and Kelly Olynyk, then got Smart back but lost Al Horford to a concussion prior to Wednesdays home win. In that game, Jae Crowder went down with a left ankle sprain.Olynyk appears to be the closest to returning, from offseason shoulder surgery. He has officially been listed as questionable for Sunday nights game.Id say hes closer than further, so well see, coach Brad Stevens said Saturday. Hes going to be listed as questionable, but thats going to be completely his and (trainer Ed Lacertes) call. But hes getting a lot better ... hes right around the corner here.Olynyk practiced with the Maine Red Claws, the Celtics D-League team, Friday.Meanwhile, Horford had progressed to jogging on a treadmill and doing some on-court work and the swelling was down in Crowders ankle.Als getting better, Stevens said. He did a little bit of activity, as you probably saw above. Hes going to be out on the court a little bit today, but hell be out tomorrow (against the Nuggets). If everything goes well today then well up his activity tomorrow but he will not be cleared to play by game time, is what Ive been told.The Nuggets (2-3) are 1-2 on their current five-game road trip that will give them six of their first seven games away from home.Saturday night in Detroit, they fell behind 10-0 and werre down 29-12 at the end of the first quarter and never caught up.dddddddddddd Sunday, they face a team playing on its home floor and one that hasnt played since losing in Cleveland Thursday night -- and will do it with a different starting lineup.Im just tired of watching the struggle that goes on out there, said coach Michael Malone. It almost looks like theyre disinterested to start the game and if were going to go down, were not going to go down like that.Our defense was horrendous tonight. They did whatever they wanted. Its the fifth game in a row where the squad came out asleep, so were not going to have the same starting lineup tomorrow night. We cant afford to keep building ourselves 15-20 point deficits to start the game and play catchup. That group is unable to change that, so well try to mix up the lineup to give ourselves a better chance at playing 48 minutes because Im tired of watching that.Before the game, Malone said, Regardless of who we play, our goal is to play with pace for 48 (minutes), whether its Minnesota or Boston tomorrow night. We have to be true to ourselves and play our style of basketball.Clearly, that didnt happen Saturday night.The Nuggets got Gary Harris (groin) back Saturday, but Will Barton remained out with a sprained ankle.The Celtics have swept the two-game season series from the Nuggets each of the last two seasons and are 5-1 over the last three. ' ' '
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