HHP: A Few Notes on the MASN Dispute

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by Frobby

A couple of notes.    First, it’s interesting that the chief judge of the panel is a former star collegiate pitcher.     I’m sure that’s purely a coincidence and of no real importance, but it’s interesting anyway.
Second, as high-powered as the legal teams were in the earlier round, they’ve stepped it up for the appeal.   Both Carter Phillips, who argued for the Orioles, and Paul Clement, who argued for MLB, are very well-known appellate specialists who have argued many cases before the U.S. Supreme Court — over 80 apiece.    Clement was the Solicitor General of the United States under George W. Bush, responsible for the office that argues Supreme Court cases on behalf of the U.S. Government.   Phillips was an assistant Solicitor General in the Reagan administration.
My guess is it will be 2-3 months before the Appellate Division renders it’s decision.     As a reminder, a further appeal to the New York Court of Appeal is likely, a process that typically takes 12-15 months.    So, we are by no means close to the end of this saga.     Meanwhile, we are now in the first year of the second re-set period, so whatever happens here only applies to 2012-16 and a whole new negotiation is supposed to have taken place by now.    Crazy.