Sports Law Roundup – 12/1/2017

aslr

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

  • Streaming data: The U.S. Court of Appeals for the Ninth Circuit has ruled that ESPN may share an individual’s streaming device identification number and record of videos watched without violating the federal Video Privacy Protection Act because that information does not constitute “personally identifiable information” under that act. The First Circuit previously had ruled that such information could be personally identifiable information, especially where combined with geolocation data, but that now is regarded as the minority position.
  • Bird death: A Massachusetts appellate court affirmed a trial court’s grant of summary judgment in favor of a truck manufacturer and the owner of automotive-related equipment in a wrongful-death case brought by the widow of Mark Fidrych. Fidrych died in 2009 of accidental asphyxiation when his clothing became entangled in the equipment while he was working underneath his truck. The court agreed that the equipment was dangerous and could have been designed in a safer fashion, but, because those designs were not defective and the risk that led to Fidrych’s death “arose out of the addition of other components and the decisions made, and actions taken, by downstream actors, the defendants had no duty to warn of those dangers.”

Sports court is in recess.

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What happened the last time the Lions played the Browns in Detroit

In a few ways, it’s irritatingly cumbersome to write about the history of the Detroit Lions and Cleveland Browns. Long synonymous with deep NFL failure, these two teams were very competitive and successful in that period of professional football that doesn’t count anymore (i.e., the pre-Super Bowl era), meeting in multiple NFL Championship Games in the 1950s. That lengthy historical leap isn’t quite a smooth one, though, since there’s a corporate continuity problem on Cleveland’s side due to team owner Art Modell’s controversial move and (sort of) transformation of the team into the Baltimore Ravens in 1996, with the “Browns” not returning to existence until 1999.

Additionally, for teams as old and geographically proximate as these two, the Browns and Lions meet only infrequently in the regular season. In the forty-seven NFL seasons since the NFL-AFL merger, Cleveland and Detroit have played each other just eleven times. Though they faced off only twice in the 1990s, there nevertheless was an effort during that period to drum up a rivalry of sorts in the form of “The Great Lakes Classic,” which was centered around preseason meetings– there even was a trophy, which, suitably, was modeled after the region’s most famous shipwreck, the Edmund Fitzgerald. The “Classic” fizzled, though, during a particularly unmemorable stretch for both teams:

Over the GLC’s 13-year run, the Lions and Browns were two of the three losingest teams in football, per Pro Football Reference. Over those regular seasons they ran out 29 different quarterbacks, gave 13 different skippers the whistle and posted a collective .339 winning percentage.

It obviously is tough to get excited about either of these teams on their own, much less when they’re playing each other. But a recent game in this series, the last one played in Detroit and the only one played in Ford Field, offered some real drama. Thankfully, the NFL Films crew captured it.

The 2009 season was Matthew Stafford’s rookie year, and he started ten games at quarterback for Detroit that season. On November 22, the Browns came to Ford Field, where, with 5:44 left in the fourth quarter, they found themselves with a six-point lead thanks to this blast-from-the-past play:

browns 11-22-09

Stafford now is the highest-paid player in NFL history, but, in 2009, Lions fans still were in the process of figuring out what the team had in its top overall draft pick out of Georgia. He’d soon let them know:

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The Lions will look to make it four in a row over Cleveland on Sunday. A win coupled with a Packers loss to the Bears (who knows) would give Detroit clear possession of second place in the division, which, in my opinion, remains winnable even if I refuse to buy into the hype train the national media runs out after Lions wins in nationally televised games. I’m thankful for the exposure, to be sure, but people are making way too much out of Monday Night Football wins over the Packers and New York Giants, two teams going firmly in reverse this year. The Sunday Night Football loss to the Steelers should serve as a strong reminder that the Lions have done nothing to demonstrate week-to-week continuity, and that red zone offense, in particular, remains a significant weakness. They’re only in the mix because of the poor quality of their divisional opponents. Here’s hoping they can capitalize on a weak nonconference opponent this week. In case you missed it, the Browns, at 0-8, are deep on the Road to XVI.

Tigers make no waves with garden-variety hire

gardenhire_1280_z4phdh6y_6gnw5s8w

In a move sure to disappoint many, the Detroit Tigers’ managerial search reportedly is over after less than two weeks, and the team appears to be set to announce former Minnesota Twins manager Ron Gardenhire as the replacement for Brad Ausmus. From the article announcing the decision:

What separated Gardenhire from the rest of the pack?

Multiple sources told The Athletic’s Katie Strang that Tigers general manager Al Avila entered the process leaning heavily toward a candidate with previous MLB managerial experience. Gardenhire was seen as a seasoned, battle-tested option in this regard.

In his thirteen-season tenure as the Twins’ skipper, he compiled a .507 winning percentage. In twenty-seven playoff games, he posted a .222 winning percentage. All of those playoff wins came in his first three seasons (2002-2004) with the club, and Minnesota missed the playoffs entirely, and by wide margins, in his final four seasons there (2011-2014).

In my opinion, Gardenhire is the worst sort of “old-school” manager who lacks the ability to adapt to the modern game or develop young talent, two things of critical importance to this Tigers team in 2018 and beyond. He’s Jim Leyland without the edge, wit, or soul (which is to say: not Jim Leyland). He’s Dusty Baker without the success. He’s Clint Hurdle without the willingness to learn and adjust. He’s basically Bryan Price’s dad. Which is to say, not good, and vanilla at best.

To this, Tigers fans should say: “no thank you.” That a coaching search that supposedly began with fifty names ended like this reveals a front office more tone-deaf than previous personnel decisions indicated. Research indicates that managers probably have little impact on game outcomes, and if Gardenhire is coming to Detroit merely to serve as an interim stopgap during the rebuilding process, so be it. If that’s the case, though, why not bring in someone younger and cheaper who at least offers the possibility of growing with the players and the club and developing into a long-term solution? Or, why not promote from within, like the Atlanta Braves did with Brian Snitker? The team’s coaching ranks weren’t short on people “with previous MLB managerial experience,” including Lloyd McClendon and Gene Lamont.

Gardenhire’s not likely to be a detriment to the team, but his hiring feels like a missed opportunity and serves as a reminder that, after the Verlander decade, the Detroit Tigers’ rebuilding process will be a long and difficult one indeed.

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

The Last Night of the Tigers Dynasty That Wasn’t (via Baseball Prospectus)

Over the next several seasons, we’ll see the Tigers get worse before they get better. The veterans who remain will be traded or allowed to walk. Mildly youngish players like Daniel Norris and Nick Castellanos will be given more time to showcase why they should or shouldn’t be part of the future. And general manager Al Avila will likely hoard prospects as he looks to restock a bottom-10 farm system.

This doesn’t look like a Yankees rebuild-on-the-fly situation. It looks like the Tigers might be the new Reds, Phillies, or Braves. It looks like Tigers might be in the basement for a while. Memories of yesteryear rarely dull the pain of today. But still, the baseball world owes it to the Tigers to remember those early 2010s teams one more time before a new Dark Ages of Tigers baseball begins. Because dear lord, they were a lot of fun.

None of this is meant to dig up old wounds for Tigers fans. In fact, the goal is here is quite to the contrary; to remind people that the early 2010s Tigers weren’t also-rans or lucky bastards or frauds. They were really good. Good enough to win it all, if another bounce or two went their way. Good enough to win it all more than once if a half-dozen bounces went their way.

Over the next few seasons, as we watch Mikie Mahtook struggle in center field and Matt Boyd struggle on the mound and countless other journeymen, misfits, and youngens flock to Detroit, try to remember the good ole days. Remember how scary it was seeing “Cabrera, Fielder, Martinez” in the heart of a lineup. How exciting the prospect of “Verlander, Scherzer, Sanchez” was in 2013. How easily the Tigers could bash you into a pulp or marginalize your best hitters. And how Dombrowski made “mystery team” mean something.

They say the journey is more important than the destination. That feels less true than ever in an era where every pitch, error, swing, and call is dissected on Twitter, debated on TV, and picked apart in online columns. But for the 2011-2014 Tigers, it has to be true. History will not remember them as winners, but we should not forget them as entertainers and craftsmen, as teams built to thrill and wow and dazzle.

That all ended officially on August 31, 2017, though we’d seen it coming for years. Justin Verlander is in Houston, Detroit is rebuilding, and time marches on. The Tigers’ watch has ended, but they are not forgotten. … Read More

(via Baseball Prospectus)

Saving Detroit: Keystone Light

Ian Kinsler’s 2017 isn’t going that well, particularly at the plate, where the Detroit Tigers second baseman is having, by a wide margin, the worst season of his career. To quickly look at two measures of offensive production, he’s running an 87 wRC+ (100 is league average, and he’s never finished a season below 100) and a .237 TAv (.260 is league average, and he’s only once finished a season below .260 (.256 in 2014)). (Without digging too deep, low power and BABIP numbers may be immediate culprits and evidence of aging.)

As the Tigers look to the future, one of their most pressing decisions will involve how they part ways with Kinsler, who has been a solid performer and veteran leader since he joined the team in 2014. This week, a few additional details have emerged about Kinsler’s contract that may affect both his future trade value and how the Tigers deploy him in the meantime.

Right now, 2017 is the last guaranteed season of Kinsler’s contract. If the season ended today, the Tigers would have the option to keep Kinsler for one more year, in which they would owe him $10 million, or pay him a $5 million buyout and part ways. That “if” comes with a significant caveat, however: should Kinsler make 600 plate appearances this season, the 2018 option would vest, guaranteeing his 2018 contract year. And, if he wins a gold glove award this year, that guaranteed 2018 year would be at an $11 million salary.

The Tigers likely aren’t too worried about either of these two things, because a) they almost certainly would exercise their option to keep Kinsler for 2018 and b) $11 million probably is a fair (leaning team-friendly) price for Kinsler on a one-year contract that shouldn’t adversely affect his trade value.

Still, I’m interested to watch how the Tigers manage him down the stretch. Unless they move him to designated hitter for the remainder of the season, they probably can’t alter his chances of winning a gold glove (he currently leads all second basemen in UZR), but they can ration his plate appearances.

When news of these additional contract details broke on Wednesday, Kinsler had made 522 plate appearances and Detroit had twenty-four games remaining. If he played in every remaining game, he would need to average 3.25 plate appearances per game to hit 600 PA, a reasonable task for a seemingly healthy leadoff hitter. He made four plate appearances that night before being pulled for Andrew Romine on the losing side of a 13-2 game. Assuming he plays in each of the remaining games, Kinsler now needs to average just 3.22 PA/G to make it to 600.

This almost certainly is much ado about nothing, but it’s something to watch as this season winds down that isn’t the scoreboard (or the win-loss columns).

______________________________________________

Previously
An updated look at 2018 (and a quick check on 2006) – 9/1
It’s Over
– 9/1
Upton There – 8/31

A bad time for a bad season – 8/29
Jordan Zimmermann takes tennis lessons – 8/20
Tigers Notes, 8/8/17
 – 8/8
Decoding the Upton Myth
 – 8/2
Even the umpires just wanna go home
 – 7/21

Yo, a J.D. Martinez trade comp – 7/19
Martinez trade triggers premature referendum on Avila – 7/19
Michael Fulmer has righted the ship
 – 6/27

Tigers in Retrograde – 6/19
Fixing Justin Upton
 – 5/31

Soft in the Middle Now – 5/30
Reliever Relief, Part 2 – 5/11
Reliever Relief – 5/8

Dispatch from the launch pad

After the Detroit Tigers delivered a lesson in sequencing last night, producing their first in-game lead and first win since trading Justin Verlander and Justin Upton last week (indeed, since JV’s last start for Detroit), Verlander made his first major-league appearance in a non-Tigers uniform when he took the mound for the Astros in Seattle.

Many criticized Houston for declining to make any trades at the non-waiver trade deadline in July. Many more now are praising them for trading for Verlander and are hailing the Astros, once again, as the favorite to represent the American League in the World Series. (Current playoff odds: 100% (BP); 100% (FG); >99% (538, which has them as favored to win each of their remaining games).)

The idea that Houston would be in the hunt this year is not a terribly surprising one. They were in the playoffs in 2015, missed the postseason in 2016 despite winning eighty-four games, and responded this year by opening up a massive lead in their division they’ve never relinquished.

Three years ago, though, when Sports Illustrated declared them the (eventual) winner of the 2017 Word Series, things were different. They won just seventy games that year, fifty-one the year before, and fifty-five in 2012, their first season under highly regarded General Manager Jeff Luhnow. That 2015 playoff berth was the team’s first since 2005, when they represented the National League in a losing World Series effort against the White Sox.

I remember the day I saw that SI cover, probably the magazine’s most memorable in some years. At that time, I didn’t think the prediction was outlandish, having been clued into the significance of the Luhnow hire two years prior and aware of the widely noted Chicago Cubs’ contemporary rebuild under Theo Epstein.

What I also didn’t think at that time, though, was that the Astros’ championship plan might include the acquisition of a veteran star from the team I follow. From Houston’s perspective, the trade makes perfect sense; somehow, though, I never considered I’d be watching them make their run with a player as familiar as Verlander.

verlander astros

I’m still scratching my head too.

With a 13.5-game lead in the AL West in September, Houston is an obvious lock for the playoffs, as those odds cited above indicate. Naturally, their odds to win the World Series also are strong (15.5% (BP); 21.5% (FG); 15% (538)): they’re the favorite according to FanGraphs, while BP and FiveThirtyEight place the Dodgers and Indians slightly higher. To my knowledge, none of these projection systems really account for the addition of Verlander, however (though, as some have pointed out, both the Astros and Verlander have struggled against Cleveland in recent meetings).

Whatever Verlander’s statistical impact on his new team’s championship chances, I know he’ll be a compelling watch in the postseason, even if it looks like he’s wearing a Halloween costume.

Saving Detroit: An updated look at 2018 (and a quick check on 2006)

Al Avila was busy yesterday. First, he traded Justin Upton to the Angels. Then, reportedly with seconds to go before the midnight waiver/postseason trade deadline, he traded Justin Verlander to the Astros. Through yesterday, Upton and Verlander were the 2017 team’s most valuable players according to bWAR. The Verlander Era– the 2006-2016 run of competitiveness– officially is over, and there can be no doubt that the Detroit Tigers are in full teardown mode. With that in mind, here‘s an updated look at the team’s 2018 financial situation:

tigers2018financials as of 9-1-17

With Verlander and Upton out, the top of that ledger is significantly lighter, and that trend is likely to continue into the offseason, when the team will trade Ian Kinsler and decline to exercise their option on Anibal Sanchez. They’ll still owe Verlander $8 million next year under the terms of the trade with Houston, and there will be raises due to a number of their arbitration-eligible players (Nicholas Castellanos likely being first among that cohort, followed by Jose Iglesias, Shane Greene, and perhaps Alex Wilson), but Detroit’s front office should be feeling much lighter on its feet. As I’ve mentioned again recently, there also should be a revenue bump from a new TV deal next year.

As Motown turns its increasingly lonely baseball eyes toward the future, where it will be incumbent upon Avila and his team to convert these more liquid resources into a new competitive core, let’s take another moment to look back at the really great era of Tigers baseball that began with Verlander’s first full MLB season in 2006. Here‘s the forty-man roster from that team, which represented the American League in the World Series that year (ages and positions shown for 2006 season):

tigers2018financials as of 9-1-17

Of this group, one is in the hall of fame (Ivan Rodriguez), and at least two are working in baseball broadcasting (Craig Monroe, FSD; Sean Casey, MLB Network). Only Verlander, Curtis Granderson (Dodgers), Fernando Rodney (Diamondbacks), Andrew Miller (Indians), and Jason Grilli (Blue Jays) still play in the majors, and Verlander was, by far, the last of the 2006 crew to leave Detroit.

You can read plenty about the prospect returns the Tigers received from yesterday’s trades elsewhere on the web.  Here‘s an initial snapshot to get you started.

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Previously
It’s Over – 9/1
Upton There – 8/31

A bad time for a bad season – 8/29
Jordan Zimmermann takes tennis lessons – 8/20
Tigers Notes, 8/8/17
 – 8/8
Decoding the Upton Myth
 – 8/2
Even the umpires just wanna go home
 – 7/21

Yo, a J.D. Martinez trade comp – 7/19
Martinez trade triggers premature referendum on Avila – 7/19
Michael Fulmer has righted the ship
 – 6/27

Tigers in Retrograde – 6/19
Fixing Justin Upton
 – 5/31

Soft in the Middle Now – 5/30
Reliever Relief, Part 2 – 5/11
Reliever Relief – 5/8

Related

ALDLAND’s full Justin Verlander archive
ALDLAND’s full Justin Upton archive

Saving Detroit: It’s over

In a deal that went down to the final moments of Thursday night’s waiver/postseason trade deadline, the Detroit Tigers have traded franchise starting pitcher Justin Verlander to the Houston Astros in exchange for three prospects. Early reports indicate that the Astros will be taking on a substantial portion– but not the entirety– of Verlander’s remaining contract.

Verlander has spent the entirety of his thirteen-year major-league career with the Tigers, who chose him with the second overall pick out of Old Dominion in the 2004 amateur draft. In 2006, Verlander’s first full season in the big leagues, he earned American League rookie of the year honors as the team advanced to the World Series just three years after losing 119 games in 2003. That season kicked off the latest golden era for this historic franchise (“the Verlander Era,” I think we now can safely call it), a run that realistically ended in 2016; practically ended with the death of former owner Mike Ilitch in February of this year; and officially ended tonight. Verlander was a six-time All Star with the Tigers, winning both the AL Cy Young and MVP awards in 2011 (and he was robbed of the former award last year) and winning memorable postseason duels with the Yankees and A’s, among others.

Verlander has been the consistent face, leader, and spokesman of this Tigers team, and he was the author of many of its greatest hits. (Speaking of hits, Verlander earned his first major-league RBI last night in Colorado during what proved to be his final appearance in a Detroit uniform.) With respect to Miguel Cabrera, who came to Detroit in 2008 after winning a championship with the Florida Marlins, no player has been more closely associated with this team over the past decade-plus than Verlander.

That 2006 season also marked my return as a fan to baseball and the Tigers, so it’s as difficult as can be for me to envision Verlander playing for another team, even if he’ll still be in orange and, undoubtedly, dominating in the postseason. I will be watching, though, thankful for everything he did to help the team I for whatever reason care about and hopeful that he finds what he wants in Houston.

We now awake to a very new morning on Woodward Avenue and hope that the Tigers’ management and ownership pursue the rebuilding process with the same tenacity and persistent demand for excellence Verlander modeled for everyone in his days wearing the old English D.

______________________________________________

Previously
Upton There – 8/31
A bad time for a bad season – 8/29
Jordan Zimmermann takes tennis lessons – 8/20
Tigers Notes, 8/8/17
 – 8/8
Decoding the Upton Myth
 – 8/2
Even the umpires just wanna go home
 – 7/21

Yo, a J.D. Martinez trade comp – 7/19
Martinez trade triggers premature referendum on Avila – 7/19
Michael Fulmer has righted the ship
 – 6/27

Tigers in Retrograde – 6/19
Fixing Justin Upton
 – 5/31

Soft in the Middle Now – 5/30
Reliever Relief, Part 2 – 5/11
Reliever Relief – 5/8

Related

ALDLAND’s full Justin Verlander archive

Saving Detroit: Upton There

Today is the last day MLB teams can trade players the receiving team would like to use in the postseason. In what I am regarding as a surprise move, the Tigers have sent another outfielder to the Angels, who now are acquiring Justin Upton in exchange for Grayson Long. (Last fall, Detroit sent Cameron Maybin to Anaheim, and, probably not coincidentally, Maybin now is on his way to Houston.) Neil Weinberg has the early report on Long:

The Tigers got 23-year-old Grayson Long, a starter currently having a strong year in AA. He only threw 65 innings across three levels last year due to injury, but he does have the appearance of an innings eater if you buy into the archetype scouting. Based on the public scouting views and one source I spoke with this afternoon, Long’s fastball is solid in the low 90s but his secondary stuff is a bit questionable with opinions ranging from fringe to flashes of above average. He has a change and slider but it’s not clear they will play at the major league level to the point at which he could be a successful starter. That might lead him to a bullpen role, but he has pitched well so far in the minors and I’m a big believer in letting a player keep going until the performance tells you to stop. There’s definitely potential for something really exciting but even the floor seems perfectly fine given the cost.

Upton’s contract had a player opt-out provision effective as of the end of this season. I’ve expressed skepticism about the idea that Upton would exercise that option. Weinberg, on the other hand, called the “odds that Upton opts out . . . quite high.”

It appears the Tigers came to the same conclusion, because the only way this trade makes sense is if Detroit was treating Upton as if he was on an expiring contract just like J.D. Martinez and Alex Avila and needed to get something for him now before he leaves in the offseason.

After watching Upton play here in Atlanta with his older brother as members of the Braves, I have been tracking his time– a bad dip with a fierce, late recovery in 2016, followed by a very solid 2017– in Detroit on this site with some care, and I will watch how the market responds to what I now agree will be his likely free agency this offseason. While he may not get a raise, he’s likely to wind up with a team with greater playoff odds than those of the Tigers or Angels, who, against many of those same odds, remain in the American League wild card hunt. Most of all, I’m happy to see Upton have such a strong rebound. Detroit’s fans didn’t deserve him anyway.

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Previously
A bad time for a bad season – 8/29
Jordan Zimmermann takes tennis lessons – 8/20
Tigers Notes, 8/8/17
– 8/8
Decoding the Upton Myth
– 8/2
Even the umpires just wanna go home
– 7/21

Yo, a J.D. Martinez trade comp – 7/19
Martinez trade triggers premature referendum on Avila – 7/19
Michael Fulmer has righted the ship
 – 6/27

Tigers in Retrograde – 6/19
Fixing Justin Upton
 – 5/31

Soft in the Middle Now – 5/30
Reliever Relief, Part 2 – 5/11
Reliever Relief – 5/8

Related
Catching Fire: It Don’t Come Easy
Catching Fire: Checking in on Justin Upton
Catching Fire: Night of a thousand feet of home runs
Catching Fire: Heading for the exit velocity

ALDLAND’s full Justin Upton archive