Regeln » eing hit in the wrist with a pitch though Matheny said X-rays were

Its been brought up a lot lately: can a team like the New York Yankees or Milwaukee Brewers terminate the contracts of Alex Rodriguez or Ryan Braun because of PED use? Its a good question to ask. A lot of baseball fans are upset and disappointed that a number of players have gained an unfair competitive advantage by taking substances that make them better, stronger and faster. As Tony Kornheiser once said, PEDs make good players great and great players immortal. PEDs can also make players rich. At about $450 million, admitted PED user Alex Rodriguez has earned more money than any other major league ball player. Ever. Braun is still owed $122 million through 2020, with a $15 million mutual option for 2021. Rodriguez is 38-years-old and has $86 million due over the next four years. Presumably, these teams would love nothing more than to get out from under these contracts. It doesnt help that fan backlash has a negative brand impact. Starting With Player Contracts So back to our question: Can a team terminate a contract on the basis that a player is found to have done PEDs? It would be tough - very tough. It doesnt mean, though, that a team cant try. There are things a team could rely on when terminating a player contract. They would start with the language in the player contract. It provides at Paragraph 7(b)(1) that a team can 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." Also, Paragraph 7(b)(3) of that same contract allows for termination if a player, "fails, refuses or neglect to render his services hereunder or in any manner materially breach this contract." This language is broad and could allow a team to argue a few things. For example, the team could allege that by doping, a player failed to "obey the clubs training rule." The team could also point to PED use as not being in keeping with "standards of good citizenship and good sportsmanship." The team would then take the position that the termination of a players contract is warranted since the player failed to discharge the obligations under his contract (or put another way, breached his contract). While not unreasonable, these arguments probably wouldnt be successful. Punishments for PED use are handled by the collectively bargained Drug Policy. That means that both MLB and the Major League Baseball Players Association (MLBPA) negotiated the Policy and agreed it would be used to govern punishments related to testing positive for PEDs. So thats why the Drug Policy is there in the first place. If the sides had agreed to tougher sanctions for PED use and put them in the Drug Policy, then those tougher sanctions would govern. However, they arent in the Drug Policy. And one more thing - courts dont like it when a business has a specific policy in place dealing with a specific offence and that business then elects to ignore that specific policy and does its own thing. Finally, terms like "good citizenship" and "good sportsmanship" are open to interpretation. Im Not Who I Said I am A team could also claim that a player misrepresented himself at the time he signed his contract. So in the case of the Yankees, they could say that when Rodriguez signed his 10-year/$275 million contract in 2008, they werent getting the player they thought they were getting; Rodriguez wasnt being truthful about the nature of his abilities and how he achieved such a high level of success. The Yankees could argue that had they known Rodriguez was cheating they would not have signed him. Once again, though, the Drug Policy is in place to deal with PED use. So this argument would be a real uphill battle for Yankees. PED Injuries A team could also allege the use of PEDs has had an adverse impact on a players health resulting in serious injuries (for example, according to some experts, the use of PEDs can weaken connective tissue and make athletes more prone to certain types of injuries). So the team could say that the player did not keep "himself in first-class physical condition" since his use of PEDs resulted in injury. However, unless a team can show a direct link between PED use and a players injury (which is hard to do), they would fail in their bid to terminate or fire a player. The Union There is another reason that an attempt to kill a contract would be a challenge: the strength of the union. The MLBPA has a long history of being a strong advocate for its players and vigorously contesting sanctions or punishments imposed on its members. Indeed, players have enjoyed very good success at arbitration on appeal. The MLBA is widely considered the strongest union in sports and one of the strongest unions in North America. Voiding Contracts: From Drug Trafficking To Strangulation Case in point: Lamarr Hoyt. In 1987, the San Diego Padres voided his contract after he was sentenced to jail following multiple drug charges, including intent to distribute cocaine and attempting to smuggle drugs from Mexico into the U.S. This would seem to be specifically the type of conduct that would justify voiding a contract - right? Wrong. The Players Association filed a grievance and won. Back in 2004, the Colorado Rockies tried to void Denny Neagles contract after he was charged with soliciting a prostitute. The MLBPA stepped in, and ultimately Rockies agreed to pay him $16 million of the $19.5 million left on his deal contract. In 2005, the Baltimore Orioles voided Sidney Ponsons contract for driving while intoxicated (as well as some other stuff). The MLBPA grieved, and the sides ended up settling. According to reports, Ponson got a sizable chunk of his $11.2 million salary. As a member of the Red Sox in 1997, Wil Cordero was charged with assault and battery with a dangerous weapon. Cordero pled guilty to criminal charges for beating his wife and threatening to kill her. Still, the Red Sox decided not to void his contract. There is, however, an instance where a player contract was successfully terminated. In 2008, Shawn Chacon refused to leave the team dining room to speak with Houston Astros GM Ed Wade in his office. This confrontation ended with Chacon grabbing Wade by the neck and throwing him to the ground. Each time Wade tried to get up, Chacon knocked him back to the ground. Chacons contract was terminated with cause. The move was appealed by the MLBPA, but the appeal was unsuccessful. So short of strangling your employer, it can be tough to successfully terminate a contract (even then, Latrell Sprewell only got 68 games for choking NBA coach P. J. Carlesimo). Overall, a team would have a difficult time terminating a contract if a player was found to have used PEDs. It doesnt mean a team cant try with the end game being a favourable buyout. It just means that a team would have an awfully tough time terminating the contract. Eric Macramalla is TSNs Legal Analyst and can be heard each week on TSN Radio 1050. You can follow him on Twitter @EricOnSportslaw. Anthony Bemboom Jersey . Pence singled in the winning run with no outs in the ninth inning to give the Giants a 7-6 victory over the San Diego Padres on Sunday. Jake Jewell Jersey . But by the time the game started, the Toronto Raptors forward felt even worse. And, for three quarters, it showed as Gay shot a woeful three-for-13 from the field. https://www.cheapangels.com/1503j-luke-bard-jersey-angels.html . -- Jacksonville wide receiver Cecil Shorts will likely be a game-time decision whether hell play Sunday in the Jaguars home game against the San Diego Chargers. Dillon Peters Jersey . -- Gus Malzahn finally had his day in Fayetteville. Darin Erstad Jersey . He says so-called TRT is only one problem and he wants to go even further than the ban. "Its about time," St-Pierre told reporters at a promotional event in Montreal on Friday. "I think its a good thing. PITTSBURGH -- Adam Wainwright is still in search of his best stuff. His bat made sure his best wasnt necessary.The St. Louis ace drove in three runs and survived five occasionally bumpy innings to pick up his first victory since mid-July as the Cardinals drummed the staggering Pittsburgh Pirates 12-6 on Monday.Wainwright hit an RBI-double off Chad Kuhl (3-3) in the second and added a two-run single in the fourth as the Cardinals held on to the second wild card spot in the National League by sending the Pirates to their seventh straight loss.We needed that win, Wainwright said. We need every win that we can get coming down the stretch. Any part that I can play in that is a treat for me, a privilege.Wainwright (10-8) allowed four runs and struck out five as his ERA rose to 4.61 while picking up his first victory since July 16. He hardly needed to be sharp as the Cardinals battered Pittsburghs beleaguered pitching staff. Jedd Gyorko and Matt Adams homered for St. Louis to extend the teams streak of games with at least one home run to a club-record 24.Andrew McCutchen and Adam Frazier hit home runs for the Pirates, who have been outscored 47-22 during their current slide. A week ago Pittsburgh was well within striking distance of the Cardinals for a playoff spot but have fallen 4 1/2 games behind St. Louis and dropped below .500 (67-68) for the first time since July 2.Were trying to figure ourselves out and get out of this and get back to playing baseball the way we want to play, shortstop Jordy Mercer said. We just have to keep going.St. Louis pounded out 14 hits -- eight for extra bases -- against five pitchers and wasted little time getting to Kuhl, who has been steady if not spectacular since joining the rotation full-time a month ago.Wainwrights double to the wall in center field put the Cardinals in front and Stephen Piscottys two-run double later in the inning gave Wainwright an early cushion, one he flirted with giving away. Pittsburgh touched him for two runs in the bottom of the inning but Wainwright avoided major damage.I hate giving up runs after wwe score, Wainwright said.dddddddddddd Thats driving me crazy. But what we did do well there is we held them to two. We could have let that inning get away from us, and we didnt.Jeff Locke came on relief of Kuhl in the third and the Cardinals quickly went to work. Kolten Wongs RBI single against him made it 4-2 and Gyorko opened the fourth with a long home run down the left-field line for his 26th of the year.Wainwrights bloop to left later in the inning pushed St. Louis lead to six runs and allowed Wainwright to leave after five innings in which he needed 93 pitches to get 15 outs.He was at 93 pitches, and were in September, Cardinals manager Mike Matheny said. The first two (innings) were stressful. To me, weve got a lead that we think our bullpen can hold. I guess your greatest argument (for leaving him in) is you want to see him hit again.TRAINERS ROOMCardinals: Piscotty left in the fifth inning after being hit in the wrist with a pitch though Matheny said X-rays were negative. ... RHP Mike Leake will return after a bout with the shingles when he starts on Wednesday. ... C Brayan Pena is finally healthy after battling injuries much of the season but the team will not use him to catch a full game.Pirates: C Francisco Cervelli was taken out of the game after the fourth inning with discomfort in his left thumb. ... C Elias Diaz is being evaluated for cellulitis in his left leg and will be re-evaluated on Thursday.UP NEXTCardinals: Rookie Luke Weaver makes his fourth major league start on Tuesday. Weaver is 1-2 with a 3.86 ERA and gave up three runs over six innings in his last start against Milwaukee.Pirates: Veteran Ryan Vogelsong (3-4, 3.56 ERA) will make his ninth start of the season and seventh since returning from the DL on Aug. 4 after missing more than two months while recovering from facial fractures sustained when he was hit by a pitch on May 23. Vogelsong is 3-7 with a 5.75 ERA in 22 appearances against the Cardinals. ' ' '