Recalling Mike Pelfrey’s contract on this, the day of John Jaso’s retirement

The Davy Jones of Major League Baseball, John Jaso, says he plans to retire from the sport and live on his sailboat. As the Deadspin writeup notes, Jaso earned roughly $16.6 million in his nine-year career, during which he spent time with the Pirates, Rays, Mariners, and A’s. Not bad for a catcher-turned-first-baseman/corner-outfielder who amassed 6.1 career WARP.

Of course, it’s also roughly the same amount of money– $16 million– the Detroit Tigers agreed to pay Mike Pelfrey for two seasons of work. Pelfrey now has twelve MLB seasons under his belt and -2.5 career WARP to show for it. His -2.2 WARP in 2016, the first year under his contract with the Tigers, represented the worst season of his career after his rookie year. (Pelfrey rebounded to -0.1 WARP this year for the White Sox, who picked up just $540,000 of the $8 million remaining on his contract when they signed him the first week of the season.)

These are the facts, and, viewed together, they don’t reflect particularly well– though certainly in varying degrees of not-well– on anyone involved with the possible exception of the White Sox, who paid essentially the league-minimum salary for 120 innings of slightly below-replacement level starting and relief pitching. Jaso’s probably holding off on his official retirement announcement until he has an opportunity to meet with Al Avila.

__________________________________________________________

Previously
Catching Fire: Pelf on the shelf

Advertisements

Sports Law Roundup – 7/28/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Soccer fan libel: As first reported by your humble compiler, Deadspin, now part of the Gizmodo Media Group, which is the company Univision purchased in its acquisition of the remnants of the Gawker Media Group following Hulk Hogan’s successful libel lawsuit against that company, is facing another libel action. This time, it’s the much less famous Kevin Cheek, who has sued the website after it ran an article about fans engaging in homophobic chants at the first Atlanta United game that he says included a photograph of him taken at a different game. One potential problem for Cheek: the allegedly offending article contains a single picture, which shows the entire stadium, making it impossible to identify the face of any individual fan. It’s possible– maybe probable, in light of the existence of this lawsuit– that the article originally included a different photograph. If it did, though, it escaped the watchful eye of the Internet Archive, which first captured an image of the article five days after publication. It also is possible that the complaint actually is referring to one of the photographs following the article that are associated with one of the “Recommended Stories,” other Deadspin articles about the MLS. In that cached version of the identified article, two of the three photographs in the Recommended Stories section depict Atlanta United fans. If one of those pictures is the one that includes Cheek, it is unclear why his complaint doesn’t instead identify that article.
  • NASCAR trademark: A trademark dispute between one of NASCAR’s most prominent families will continue following an appellate court ruling that an earlier decision dismissing claims brought by Teresa Earnhardt, widow of Dale Earnhardt, against Kerry Earnhardt, Dale’s oldest son, was deficient. Kerry, whose mother was Latane Brown, Dale’s first wife, is a former driver who made his debut on NASCAR’s top circuit (then known as the Winston Cup) at Michigan in 2000, where the field also included his father and half brother, Dale Earnhardt, Jr. After his retirement from NASCAR in 2007, Kerry and his wife partnered with a custom home design company and subsequently sought to trademark “Earnhardt Collection” for use in that industry. Teresa, who owns Dale Earnhardt, Inc. and other “Earnhardt”-related marks, opposed her stepson’s registration bid. The matter now returns to the Trademark Trial and Appeal Board for further adjudication.

Sports court is in recess.

Sports Law Roundup – 7/14/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Hou-Hugh Feud: Houston Nutt, which is a real human man’s name, is the former head football coach at Ole Miss. He has sued that school and its athletic department because, he alleges, school representatives’ public statements linking an ongoing NCAA investigation of the university’s football program to Nutt violated a term of the 2011 severance agreement between Nutt and Ole Miss precluding the university from, in the complaint’s words, “making any statement whatsoever relative to Coach Nutt’s tenure as an employee of Ole Miss that might damage or harm his reputation as a football coach. Ole Miss was contractually prohibited from making any statement whatsoever, truthful or not, that may damage or harm Coach Nutt’s reputation.” The complaint highlights, in substantial detail, statements to reporters by Ole Miss Athletic Director Ross Bjork, Sports Information Director Kyle Campbell, and current head football coach Hugh Freeze, whose scheduled appearance at SEC Media Days was twenty-four hours after Nutt filed his lawsuit. Freeze did not directly address the allegations that day, saying only that he was not happy with the “ironic” timing of the filing of the suit and that he hadn’t seen Nutt in years. Freeze also read a prepared no-comment statement during his turn at the podium, thereafter referring to the NCAA investigation– and, indirectly, the lawsuit– as “the lot that we’ve inherited or caused in some cases,” a statement Nutt likely will cite as Freeze’s unrepentant casting of blame on Nutt.
  • Cheerleader wages: In May, the Milwaukee Bucks and Lauren Herington, a former cheerleader for the team who alleged that the team violated federal and state labor laws by underpaying her and her fellow cheerleaders, reached a $250,000 settlement of Herington’s proposed class action lawsuit that provided for the settlement funds to be divided as follows: $10,000 for Herington; $115,000 for Herington’s attorneys; and unspecified shares of the remaining $125,000 to Herington and other would-be class members who opt into the settlement based on their hours worked during the three-year period (2012-15) at issue. Now, the judge overseeing the case conditionally certified it as a collective action for settlement purposes but refused to approve the settlement agreement itself, explaining that he currently lacks sufficient information to determine “whether the settlement ‘is a fair and reasonable resolution’ of” the dispute. Prior reports indicated that the $250,000 settlement amount was significantly less than what some other teams paid to resolve similar lawsuits.
  • Daily Fantasy Sports: Last month, the inevitable merger between DraftKings and FanDuel announced last November hit a probably inevitable regulatory hurdle when the Federal Trade Commission filed a lawsuit in an attempt to block the merger, and a judge granted the FTC a temporary restraining order that halted the merger. In an email to users sent yesterday, DraftKings announced that it has “formally terminated our merger with FanDuel and will withdraw litigation from [sic?]” the FTC.
  • Baseball DUI: This spring, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was Kang’s first, but it arose out of his third DUI arrest in his native country. As a result, Kang had trouble securing a visa to reenter the U.S., which caused him to miss all of spring training, and, now, the entire first half of the current MLB season. This week, Pirates GM Neal Huntington said that one could “pretty much eliminate the thought” that Kang would play for Pittsburgh in 2017, and that the team has turned its “optimistic” eyes toward a 2018 return.
  • Umpire discrimination: Last week, Angel Hernandez, a longtime MLB umpire who is of Cuban descent, sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, among other claims. This week, FanGraphs identified Hernandez as the umpire responsible for the worst called strike of the first half of the 2017 season.

Sports court is in recess.

Sports Law Roundup – 7/7/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

After a break for the holiday weekend, here are the top sports-related legal stories:

  • NASCAR tune up: NASCAR driver Mike Wallace and members of his family have sued concert promoter and hospitality entities after the Wallace family says employees of Live Nation’s lawn care contractor brutally attacked them in the VIP parking lot outside a Rascal Flatts concert in Charlotte.
  • Minor League baseball wages: The U.S. Court of Appeals for the Ninth Circuit has rejected claims by players in one of the minor league baseball player lawsuits proceeding as a direct challenge to MLB’s longstanding antitrust exemption. The court explained that it was bound by Supreme Court precedent to uphold the exemption, and that the players’ allegations– centering around an assertion that MLB and its teams colluded to suppress minor league player wages– involve “precisely the type of activity that falls within the antitrust exemption for the business of baseball.” This arguably was not the worst result for minor league baseball players in recent days, however.
  • Umpire discrimination: Angel Hernandez, a longtime MLB umpire who is of Cuban descent, has sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, as well as specific allegations of Hernandez’s personal targeting by Joe Torre, who began working as MLB’s umpire supervisor in 2011. On the latter issue, Hernandez claims to trace a negative change in his reviews beginning in 2011 to friction between him and Torre that originated a decade prior, when Torre was the manager of the New York Yankees.
  • Athlete financial adviser: In April, a former financial adviser to former San Antonio Spurs star Tim Duncan pled guilty to wire fraud in connection with allegations that the adviser tricked Duncan into guaranteeing a $6 million loan to a sportswear company the adviser controlled. Last week, a judge sentenced the adviser to four years in prison and ordered him to pay restitution in the amount of $7.5 million, the total amount of Duncan’s investment in the adviser’s company.
  • Penn State football coach: Not content to stay out of the legal news, Penn State has sued Bob Shoop, a former Nittany Lion football defensive coordinator now filling the same role for the University of Tennessee, alleging that he breached his employment contract with PSU when he left for the UT gig during the term of the contract. That contract included a provision that, if Shoop left early to take anything other than a head coaching position, he would owe Penn State fifty percent of his base salary. In the lawsuit, PSU is seeking $891,856 in damages. The move to Knoxville is a return to Tennessee and the SEC for Shoop, who was James Franklin’s defensive coordinator  at Vanderbilt from 2011 until he joined Franklin’s dead-of-night departure from Nashville to State College in 2014.
  • Gambling: The Supreme Court has agreed to hear an appeal in a case involving the State of New Jersey’s challenge to a 1992 federal ban on expansions to sports betting outside of the states– Nevada, Montana, Oregon, and Delaware– where it was legal at the time.
  • Fox Sports 1 executive: Fox Sports has terminated Jamie Horowitz, a top television executive responsible for the “embrace debate” brand of sports programming first at ESPN and now at FS1, because he is the subject of a sexual harassment investigation at the latter network. Horowitz had been the president of Fox Sports’ national networks since May 2015 and was responsible for bringing Skip Bayless, Jason Whitlock, and Colin Cowherd to the FS1 airwaves. Most recently, Horowitz was responsible for substantial layoffs in Fox Sports’ digital group and an elimination of all written content at FoxSports.com.
  • NBA arena security: A former manager of security operations at Philips Arena, the home of the Atlanta Hawks, has sued ATL Hawks LLC, the company that owns the Hawks and the arena, alleging that he lost his job because he complained after white concert performers Axl Rose and Brian Wilson were allowed to bypass metal detectors a week after similar requests from black performers Drake and Future were denied.

Sports court is in recess.

Sports Law Roundup – 6/23/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • Football trademark: As predicted (not by me) back in 2015, the Supreme Court heard and now has ruled on a trademark case involving a band called The Slants that has a direct effect on the Washington Redskins, whose trademark registrations were revoked under the same policy applied to The Slants. That policy sought to ban registration of trademarks that were disparaging or offensive, but a unanimous (8-0) Court held that the ban violated the First Amendment. “It offends a bedrock First Amendment principle: Speech may not be banned on the ground that it expresses ideas that offend,” Justice Samuel Alito explained.
  • NFL fan access: A Green Bay Packers fan has sued the Chicago Bears because the Bears won’t allow him on the sidelines before games at Soldier Field while he’s wearing Packers attire. The fan is a Bears season-ticket holder who built up enough “points” to receive an award in the form of a pregame warmup sideline experience. Despite his entitlement to that experience under the terms of the Bears season ticket program, the Bears refused to allow him to participate while wearing Packers clothing.
  • Daily Fantasy Sports: The inevitable merger between DraftKings and FanDuel announced last November has hit a probably inevitable regulatory hurdle. The Federal Trade Commission has filed a lawsuit in an attempt to block the merger, which, the FTC says, would create a single company that controls ninety percent of the daily fantasy sports market. On Tuesday, a judge granted the FTC a temporary restraining order that halts the merger for now.
  • Golf drugs: The PGA has asked a judge to reconsider her May ruling that the tour breached an implied duty of good faith it owed to Vijay Singh in connection with a 2013 suspension the PGA issued to him after he told a reporter he’d used a product called The Ultimate Spray, which contains “velvet from the immature antlers of male deer,” something that supposedly aids golf performance. The PGA’s arguments in support of reconsideration involve evidentiary matters pertaining to witness testimony regarding the financial consequences of Singh’s suspension and the judge’s understanding of whether the PGA reviewed materials from the World Anti-Doping Agency (“WADA”), which maintains the tour’s agreed list of banned substances, to confirm that the spray in fact contained or constituted a banned substance. During Singh’s suspension, WADA issued a public statement clarifying that use of the spray was not prohibited, and Singh argued that the PGA should have confirmed this fact with WADA before it suspended him.

Sports court is in recess.

Relief from Short Relief

Not as in “relief from the burden of Short Relief.” More like, “Short Relief (at last) has provided me with some relief.” I am not a longtime reader of Baseball Prospectus the way people who truly have been reading Baseball Prospectus for a really long time casually sprinkle into digitally transmitted discourse that they are longtime readers of Baseball Prospectus, but I have been reading the site and its books and listening to its podcasts (or one of its former ones, anyway) for a few years and been a subscriber for the balance of that time, and there is no question that the temperament of the site has changed over that period. Since I have been reading it, BP has had three editors in chief: Ben Lindbergh, Sam Miller, and Aaron Gleeman, its current EIC. Miller, who now writes for ESPN, has a special ability to blend the analytical and the fanciful (perhaps “imaginative” is a better word here, though neither are correct), and, by outward appearances, was a judicious editor. Baseball writers everywhere usually write about baseball in serious tones, and Miller was a breath of fresh air in that regard, if a measured one. It’s good to have outlets for some less serious baseball writing too. There used to be a whole place for that, which was called NotGraphs, but it was terminated in late 2014. Thereafter, its postmortal spirit attempted to eke out a living in an even smaller corner of the web, but that campaign fizzled.

cart

Although Miller never misses an opportunity to credit Lindbergh, his former boss and collaborator on two significant projects who now writes for The Ringer, as the best in the business, it’s clear to me that it’s Miller who’s left a large impression on the current version of BP. Whimsy, once reserved for sidebar Hitlist one-liners and a few player comments in the BP Annual (not unusually in the form of a Simpsons reference) everyone raced to find, photograph, and post on social media web platform Twitter.com, now abounds– or, at least, attempts to abound– at BP. This is most visible in the daily Short Relief feature, a sort of refugee camp for NotGraphs alums that typically contains three essays, or maybe poems, or maybe just a picture, that effort and imitate toward the odd and purposefully absurd.

I never read every article every day at BP, but I’ve never read less of BP than I do now (Russell Carleton and Rob Mains are musts), and I very rarely read Short Relief. I’m glad a major baseball site is trying to resurrect NotGraphs, but this take just doesn’t hit me right. It feels very unessential and often forced. A lot of that probably is due to the fact that it’s an everyday feature. It’s really hard to produce original funny, silly, odd, unusual, quirky, or whatever content on a daily deadline. It’s even harder when you’re limited to one subject area. (There’s also the part about the site’s budget crunch and probably a little friction with the idea that BP is contributing resources to Short Relief rather than its core mission, which seems noticeably understaffed at the moment.)

zcsxziuylxt1sawu9zbv

BUT. Today’s Short Relief I did read, and today’s Short Relief I did like. It contains two entries, both by former owners of NG bylines. The first, from David G. Temple, once the managing editor of TechGraphs, is a short story about baseball cards that really hit home for me, as anyone reading ALDLAND’s late-night tweets earlier this week might have guessed. The second, from Short Relief coordinator Patrick Dubuque, provides a short metacommentary on the Short Relief series itself that resonated in light of the above-transcribed feelings about the Short Relief series. I commend both to your screen and eyes.

ALDLAND Archives: Is the Worldwide Leader not long for this world? Imagining the end of ESPN

ESPN is in the midst of a significant layoff of on-air talent this week, and most of the casualties’ names are coming to light today. The cuts are leading many to ask some fundamental questions about the network’s future. Below, from the past, a potential answer to one such question.

_________________________________________________________________

espnfade

Is the Worldwide Leader not long for this world? Imagining the end of ESPN

December 7, 2015

My latest post at TechGraphs asks a simple question: why does ESPN still exist?

The full post is available here.

Sports Law Roundup – 1/13/2017

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

Here are the top sports-related legal stories from the past week:

  • College football head injuries: A group of former Texas Tech, Oklahoma, and TCU football players has sued the NCAA and Big XII conference, alleging that those entities breached contractual obligations to warn players of and take adequate steps to prevent head injuries. The plaintiffs are seeking class action status, and their lawyer has said that he expects to file similar lawsuits on behalf of more players this year.
  • Olympic surveillance: Two years ago, the former mayor of Salt Lake City and six SLC residents filed a proposed class action against George W. Bush, Dick Cheney, David Addington, Michael Hayden, the FBI, and the NSA, alleging that the federal government improperly spied upon people attending the 2002 Winter Olympics. Now, a judge has denied the NSA’s motion to dismiss the case and will allow it to proceed.
  • Gymnast abuse: In more Olympic news, eighteen women sued USA Gymnastics, the national governing body for gymnastics in the United States; Michigan State University; and a gym in the Lansing area. Their complaint alleges that an affiliated doctor molested and sexually assaulted the plaintiffs, some of whom were as young as nine years old when the alleged attacks occurred, and that the defendants failed to act appropriately upon their knowledge of this doctor’s actions. This is the third civil action involving this doctor, and criminal complaints also have been filed. The FBI reportedly recovered child pornography from the doctor’s electronic devices and is in possession of video evidence of the doctor perpetrating sexual assaults.
  • Baseball land shark attack: The judge overseeing a dispute between the Miami Marlins and a fan who alleges she suffered a serious neck injury in 2013 when a shark mascot, following an on-field race with other mascots, leaned into the stands and pretended to bite her head has ordered the parties to participate in mediation in advance of the case’s June trial date.
  • Concert dodgers: A concert promoter sued the Los Angeles Dodgers and Guggenheim Partners, the entity that owns the team, because, the promoter alleges, they failed to pay him a share of the proceeds from concerts by Paul McCartney and AC/DC hosted at Dodger Stadium for his work in securing those performances. The promoter says he’s owed $2 million, while a leaked draft response from the defendants reportedly tells him to “forget about the check, we’ll get hell to pay.”
  • Sports gambling legalization: Legislators in South Carolina and New York separately proposed amendments to their state constitutions that would legalize sports betting. The South Carolina proposal would allow all forms of gambling, while the New York one would be limited to allowing sports gambling at racetracks and casinos.
  • Preemptive free agency: Last week, we highlighted an article suggesting that a California employment law could allow certain athletes playing for teams in that state to unilaterally opt out of long-term contracts and become free agents. High-profile baseball agent Scott Boras subsequently weighed in on the subject and counseled against the idea largely because the transactional costs of attempting the move (i.e., years of litigation) likely would outweigh– and, due to time delay, probably completely negate– any potential benefit to the player.
  • CTE: This also is not a legal news story, exactly, but this space has highlighted a number of sports-related head-injury lawsuits in the past, which makes sharing this compelling and well-told story of a young person’s struggles with CTE appropriate. If you only click through to one link in this post, make it this one.

Sports court is in recess.

Sports Law Roundup – 12/30/2016

aslr

I used to write the sports technology roundup at TechGraphs, an internet website that died, and now I am writing the sports law roundup at ALDLAND, an internet website.

After a week off for Christmas, we’re back with the top sports-related legal stories from the past week:

  • Soccer CBA: The collective-bargaining agreement between the U.S. Women’s National Team Players’ Association and the U.S. Soccer Federation is set to expire this weekend, and reports, centered around the union’s termination of its executive director on Wednesday, indicate that the two sides are unlikely to reach a new agreement in time. Compensation appears to be a central issue of contention for the players, who already have a pending wage-discrimination complaint with the Equal Employment Opportunity Commission. Absent a new agreement before the deadline, the existing CBA would remain in place (though either side then would have the right to terminate the agreement on sixty-days’ notice).
  • NFL head injuries: The lawsuit filed last month by thirty-eight former NFL players against the league and its teams seeking an amendment to the NFL-NFLPA CBA to provide for workers’ compensation benefits for CTE for living patients and loss-of-consortium compensation for their spouses is over. In an apparent attempt to avoid having the case lumped in with already-pending NFL concussion litigation, which is in the settlement phase, the plaintiffs voluntarily dismissed this suit and intend to re-file individually in various state courts.
  • Soccer witchcraft ban: This isn’t really a legal update, but it has been a slow few weeks in the sports law world, so there’s room for a note on the national governing body of soccer in Rwanda’s new ban on witchcraft during games. The restriction only applies to coaches, and the penalty is a four-match suspension and a fine. It appears that sorcery, however, remains legal in Rwandan soccer.

Sports court is in recess.

Baseball’s faithless electors

My latest post for Banished to the Pen considers the Tampa Bay Rays, the faithless electors of the vote on the 2016 MLB collective bargaining agreement, and it includes this picture:

drays

The full post is available here.