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Orioles – and MASN - Receive Support from Arbitration Experts, Despite Recent Playoff Loss

Saturday, October, 15, 2016

Despite their short-lived playoff experience, the Orioles are receiving good news from arbitration experts regarding their ongoing dispute with their neighbors to the south. Kenneth Feinberg, a legal expert on alternative dispute resolution, recently filed an amicus curiae brief that favored the Orioles and MASN in its media battle against Major League Baseball and the Washington Nationals.


Feinberg has worked as an arbitrator or mediator for hundreds of disputes, so he understands the intricacies of a dispute such as what the Orioles and MASN face. He wrote his recent brief to the appellate division of the New York Supreme Court and called the dispute “… the poster child for everything that an arbitration should not be.” Feinberg further called the actions of Major League Baseball and its Revenue Sharing Definitions Committee into question and accused them of ignoring “… fundamental principles of arbitration fairness and neutrality.”


The dispute has been ongoing for years. Last year, MASN successfully vacated a prior Revenue Sharing Definitions Committee ruling in favor of the Nats. In the months following, parties have been disputing to determine the next venue for the dispute. MASN has advocated for a neutral forum, while the Nationals and MLB argue the dispute should be returned to a reconstituted Revenue Sharing Definitions Committee.


Feinberg is not a party to the dispute, but filed the amicus curiae status, which is Latin for “friend of the court.” Such filings are common in appellate litigation, but the degree to which they impact proceedings varies from case to case. Feinberg also filed a similar brief in the Tom Brady bid to have his case reheard by an appeals court.