plans to seek dismissal of the claim

[ldh2013]

NEW YORK -- Major League Baseball is seeking a speedy dismissal of New York Yankees third baseman Alex Rodriguezs lawsuit challenging a season-long suspension. . 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. Ganzs letter, dated Monday and filed Tuesday, said the lawsuit should be tossed because a court is not empowered to re-examine the merits of an arbitration decision. Ganz said in the letter that the standard for vacating an arbitration award "is purposefully high and specifically designed to prevent courts from substituting their own judgment for that of the labour arbitrators selected by the parties." "A court must confirm an award even when the arbitrator has offered only a barely colorable justification for the outcome reached, and even if the court considers the arbitrators interpretation of the contract to be plainly wrong," he wrote. Rodriguezs claims in his lawsuit were considered by the arbitrator and resolved based on evidence and arguments, along with the arbitrators interpretation of collectively bargained agreements, Ganz said. He also noted that Rodriguez did not deny engaging in the misconduct that was alleged during the arbitrators hearing or in his lawsuit. Ramos set Feb. 14 for a conference and directed lawyers for Rodriguez to respond to the leagues claims in a letter of their own by Feb. 7. MLB suspended the three-time AL MVP for 211 games last August, and the players union filed a grievance. Arbitrator Fredric Horowitz on Jan. 11 cut the suspension to 162 games and the 2014 post-season, concluding Rodriguez used banned substances each year from 2010-12 and twice tried to obstruct MLBs investigation. Rodriguez did not testify in the grievance proceeding, walking out after Horowitz refused to order Commissioner Bud Selig to testify. Rodriguez sued MLB and the Major League Baseball Players Association on Jan. 13 to overturn the decision. He accused the league of engaging in "ethically challenged behaviour" and leaking information to the media in violation of baseballs confidentiality rules. He also accused Horowitz of acting "with evident partiality." His lawsuit accused the players union of "bad faith," saying its representation during the hearing was "perfunctory at best." In a footnote, Ganz wrote that the players union plans to seek dismissal of the claim that it breached its duty of fair representation and said the league will join in that application to the court. Lawyers for Rodriguez and the players union did not immediately respond to a message seeking comment. .com) - The Winnipeg Jets will try to continue to take advantage of home ice when they host the struggling San Jose Sharks tonight at the MTS Centre. . Damian Lillard added 21 points and 11 assists and hit a pair of clinching free throws with 2.1 seconds left for Portland, which beat Oklahoma City for the second time in December. Portland (25-7) snapped a two-game losing streak but still trails Oklahoma City (25-6) by a half-game in the Northwest Division standings. . -- Lakers forward Pau Gasol has won the J.EAST RUTHERFORD, N.J. -- New York wide receiver Victor Cruz is out of Sundays game against the Seattle Seahawks with a concussion and a sprained knee. Cruz was injured trying to catch a third-and-8 pass from Eli Manning late in the third quarter. He jumped and got his hands on the ball and hit hhis head on the turf when he landed. . The play was originally ruled a catch, but Seattle challenged and the officials ruled his hands came off the ball, making it an incompletion. Cruz was 2 yards shy of his third straight 1,000-yard receiving season when he was hurt ' ' '