Jump to content

HHP: MASN/Nats/Orioles case (Inside the Courtroom)


Frobby

Recommended Posts

  • Replies 1.2k
  • Created
  • Last Reply
This is going to go on forever.... forever.... forever...... :bangwall:

Kind of funny, coming from a person with your screen name.

I think MLB by saying they were going to have the hearing in August unless there is an order from the court to the contrary, is trying to force Judge Marks not to sit on the pending motions, but to rule on them well before August. It's going to be interesting to see how the judge reacts to that tactic.

Link to comment
Share on other sites

Kind of funny, coming from a person with your screen name.

I think MLB by saying they were going to have the hearing in August unless there is an order from the court to the contrary, is trying to force Judge Marks not to sit on the pending motions, but to rule on them well before August. It's going to be interesting to see how the judge reacts to that tactic.

Quoth the Raven: Nevermore.... :D

But actually, it should be "Quoth the Oriole: Evermore.......":eek:

Link to comment
Share on other sites

The Nats and MLB filed their reply papers on their motion to compel MASN to arbitrate before the RSDC. A lot of it is repetitive, but there were a few very interesting tidbits, including the following:

So there you go, the O's are getting $50 mm/yr in profit distributions from MASN, on top of the rights fees they receive.

The other three notable tidbits were:

(1) MLB sent a letter on May 27 saying that absent a court order to the contrary, the RSDC would convene a new arbitration this August,

(2) The RSDC has been reconstituted and now is comprised of Mark Attanasio (Brewers), Kevin Mather (Mariners) and Mark Shapiro (Blue Jays, and

(3) MASN still has not taken certain steps to perfect its appeal from Justice Marks' prior order, and the appellate proceedings could still take another year, according to the Nats.

MASN has papers due to the court on June 17, and then the matter will be in the hands of the court. No oral hearing is scheduled.

I have always assumed that it doesn't matter who is on the RSDC and serves on the arbitration panel hearing this dispute, because those arbitrators simply will do the bidding of the Commissioner and his underlings, no matter who the committee members are. Maybe that's wrong.

Anyway, Attanasio (who started his professional career as a corporate lawyer) and Shapiro are both real smart guys, and they will recognize how the first decision screwed the Orioles, for whatever that may be worth.

Link to comment
Share on other sites

  • 2 weeks later...

Last Friday, MASN and the Orioles submitted their final briefs on their motion to stay the lower court case and any further arbitration proceedings pending the outcome of the appeal of the prior decision vacating the arbitration award. Basically, in these new briefs, MASN and the Orioles argue that the recent announcement by MLB that the RSDC will hold a new arbitration in the first week of August shows that MLB/the RSDC are biased and shouldn't be entrusted with being fair in a new arbitration hearing, and that the court should put everything on hold until there is a ruling by the Appellate Division. Apparently, the appeal will be heard in September or October, though no date has been set yet.

At this point, the ball is in Justice Marks' court. My guess is that he will rule on the issue before the first week of August (since the parties really need to know whether they are having an arbitration then or not), but there is no guarantee that he will do so.

If I had to guess, I would think that Justice Marks will not grant a stay, and will order the arbitration to proceed. But this one could go either way. Frankly, I don't know why MASN and the Orioles waited until May to make their motion, when they could have asked for a stay shortly after Justice Marks' initial decision in November 2015. That seems like a stalling tactic, which I doubt the Judge will like.

Link to comment
Share on other sites

  • 3 weeks later...

Justice Marks issued his decision today, and MASN/the O's were the winners. The judge declined to compel MASN to arbitrate right now, and ordered that any arbitration proceedings be stayed until the appeals of Justice Marks' earlier decision are decided.

That's a huge procedural win for MASN and the O's, though it tells us nothing about how the Court of Appeals will rule on the pending appeals. It means the case will now just sit in limbo for many more months.

I'm somewhat surprised by the outcome, but nothing really shocks me anymore in this crazy case.

A copy of the decision can be found here: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=sVFCq1JIcZwb7a92S5vlRA==

Link to comment
Share on other sites

Justice Marks issued his decision today, and MASN/the O's were the winners. The judge declined to compel MASN to arbitrate right now, and ordered that any arbitration proceedings be stayed until the appeals of Justice Marks' earlier decision are decided.

That's a huge procedural win for MASN and the O's, though it tells us nothing about how the Court of Appeals will rule on the pending appeals. It means the case will now just sit in limbo for many more months.

I'm somewhat surprised by the outcome, but nothing really shocks me anymore in this crazy case.

A copy of the decision can be found here: https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=sVFCq1JIcZwb7a92S5vlRA==

Pete always wins.

Link to comment
Share on other sites

Pretty good take. I'm pretty astounded at how long this has dragged on. It's now highly likely that the Court of Appeals proceeding won't be decided until well after the rights fees for the next re-set period (2017-21) were supposed to be set. So, not only will the 2012-16 rights fees still be in limbo, but the next five years' will be, too.

Angelos is certainly winning the war of attrition. His settlement leverage is pretty good right now even though he really hasn't had a substantive victory of any kind.

Link to comment
Share on other sites

Pretty good take. I'm pretty astounded at how long this has dragged on. It's now highly likely that the Court of Appeals proceeding won't be decided until well after the rights fees for the next re-set period (2017-21) were supposed to be set. So, not only will the 2012-16 rights fees still be in limbo, but the next five years' will be, too.

Angelos is certainly winning the war of attrition. His settlement leverage is pretty good right now even though he really hasn't had a substantive victory of any kind.

The Nationals better settle. Before they are before the Supreme Court

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.




×
×
  • Create New...