M2D partner Mike Muskat was quoted in the Houston Chronicle about the wrongful termination lawsuit filed by Jeff Luhnow, the former Houston Astros General Manager,who was terminated after being implicated in the Astros’ sign-stealing scandal. Muskat observed that Luhnow faces an uphill battle in his effort to avoid arbitration and keep the case in court. “I’ll give (Luhnow’s attorneys) credit for a creative argument, but the law is pretty solid,” Muskat said. “There’s a pretty high hurdle to avoid arbitration based on the selection of the arbitrator.”
Muskat also observed that Luhnow – who was banned by Major League Baseball for one year for his role in the scandal – will face a challenge in disputing that the Astros had just cause to terminate him given the results of MLB’s investigation. “Will the mere fact that MLB banned Luhnow for a year be sufficient to equal just cause?” he said. “Or can Luhnow convince the court or an arbitrator that the Astros have the responsibility to defend the integrity of the investigation and the facts that were found?”
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