The complaint alleges that Horowitz denied Rodriguez and his attorneys the right to cross-examine Bosch and Selig, who opted not to testify in the appeal. The complaint also alleges that Horowitz denied Rodriguez's attorneys the right to examine the BlackBerry devices that baseball alleges were used to transmit incriminating text messages between Rodriguez and Bosch.
"These are only some of the egregious actions taken by Arbitrator Horowitz during the grievance process, each of which standing alone warrants vacatur of the Arbitration Award," the complaint reads. "And together they demonstrate the inherent unfairness and pre-ordained result attendant to the arbitration process."
Rodriguez's bid to vacate the arbitrator's decision is viewed as a long shot by many legal experts, since the process was agreed upon through collective bargaining and an arbitrator's decision in a labor dispute is considered to be binding.
But Rodriguez's attorneys are alleging that the appeal process was flawed, rendering Horowitz's decision to be invalid.
"We recognize the standard to overturn an arbitration is a high one," Siev said. "But we think this proceeding was so flawed from beginning to end, including obvious bias from arbitrator Horowitz in favor of MLB, which is put forth in our complaint."