Saving Detroit: Tigers Notes, 8/8/17

detroit tigers notes

While trades– including a trade of Justin Verlander– technically remain a possibility at this point in the year, it looks like the Detroit Tigers will content themselves with playing out the final two months of this season with their current crew and an eye toward the future. For this site, that probably means that the pages of this season’s Tigers diary will be a little emptier than they might be if the team were more aggressive in the trade market or competing for a playoff berth. That doesn’t mean that there aren’t interesting items to track, though. Here are a few:

    • Justin Upton: As highlighted here last week, Upton’s been trimming his bugaboo strikeout rate, but he’s continuing to strike out in bad situations. Since that post, he’s appeared in six games and added four two-out strikeouts to his total, pushing him into a tie for eleventh on the MLB-wide list (minimum 100 two-out plate appearances) in 2017. With 3.6 fWAR, Upton continues to be the team’s best position player by a comfortable margin, as well as its best overall player. In that post last week, I speculated that Upton is unlikely to opt out of his contract this offseason due, in part, to a weak market for corner outfielders with his profile. Over at The Athletic’s new Detroit vertical, Neil Weinberg is more optimistic about Upton’s open-market prospects, calling the “odds that Upton opts out . . . quite high.”
    • Miguel Cabrera: I’ve been working up a full post on Cabrera’s tough season, which has a good chance to be the worst of his career. (For a forward-looking analysis, my career comparison between Cabrera and Albert Pujols is here.) Besides the obvious drop in production, one thing that jumps out is his batting average on balls in play, which, at .296, is below .300 for the first time ever (career .345 BABIP). Last month, Weinberg did the logical thing and dove into Cabrera’s swing profile and batted-ball data tabulated by StatCast. The problem, from our perspective, is that there isn’t a ton there. Cabrera continues to rank high (currently number one, minimum 200 at bats, by a large margin) on the xwOBA-wOBA chart, an indication that he’s making good contact despite poor results. From watching games this season, it seems like Cabrera turns away from inside (but not that inside) pitches more often than in years past, which makes me wonder if he simply isn’t seeing pitches as well. (Weinberg noticed that he’s swinging less often than usual at inside pitches.)
      When observing the decline of a great player, it can be fun to take a break from the dissection to remember his youth, which the remarkable achievements of Mike Trout and Bryce Harper gave us occasion to do today:

Continue reading

Sports Law Roundup – 8/4/2017

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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:

  • NBA fan assault: After declining a plea offer in June, Charles Oakley, a former member of the New York Knicks who was arrested and charged with assault after an argument with Knicks owner James Dolan during a game at Madison Square Garden, accepted a similar offer today. While Oakley’s earlier decision appeared designed to force Dolan to provide public testimony at a trial, Oakley, through his lawyer, now says that he “will be pursuing all civil remedies against Mr. Dolan based on this incident.” Pursuant to the terms of today’s agreement, prosecutors will drop the criminal charges against Oakley if Oakley stays out of MSG for one year and otherwise avoids criminal trouble for six months.
  • ESPN parody: The parody sports website NOTSportsCenter.com, which appears to exist today mostly as a Twitter account, defeated a challenge by ESPN that sought the transfer of the NOTSportsCenter.com web domain to ESPN because, ESPN complained, the parody website was confusingly similar to ESPN’s registered “SportsCenter” trademark and operated in bad faith. The arbitration panel found that the owner of the NOTSportsCenter.com domain, Will Applebee, was not using the domain in bad faith, was not attempting to disrupt ESPN’s business, and does not keep people from visiting ESPN’s website. Finally, the arbitrators noted that ESPN’s “delay in taking action against [Applebee] nullifies its arguments,” finding the Worldwide Leader’s decision to wait six years to challenge the domain registration to be a material piece of evidence. Attorneys from Greenberg Traurig, an international law firm with more than two dozen offices around the world, represented ESPN. Applebee represented himself.
  • Daily fantasy sports: On Wednesday, Delaware and Maine became the latest states to legalize daily fantasy sports. The Maine law prohibits DFS contests based on collegiate athletics. Legislative action in other states suggests that Pennsylvania, Illinois, and California could be next in line, while Massachusetts appears to be moving in the other direction.

Sports court is in recess.

Sports Law Roundup – 6/2/2017

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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, this feature returns with the top sports-related legal stories from the past week:

  • Penn State child abuse: All three of the former Penn State University administrators charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program will spend time in jail. In March, former PSU vice president Gary Schultz and former athletic director Tim Curley pleaded guilty to one count each of endangering the welfare of children, leaving former school president Graham Spanier as the sole defendant in the case facing a trial on charges of child endangerment and conspiracy. A jury subsequently convicted Spanier of a single misdemeanor count of child endangerment. Curley and Schultz each received sentences of a maximum of twenty-three months in jail. Curley will serve three of those months in jail and Schultz will serve two months, with each completing the remainder of his sentence in house arrest. Spanier was sentenced to a maximum of twelve months in jail and will serve two, with the remainder in house arrest, and still indicates he intends to appeal.
  • Cheerleader wages: The judge overseeing the proposed antitrust class action lawsuit brought by a former San Francisco 49ers cheerleader known in the context of the case as Kelsey K. in connection with alleged wage-suppression tactics has dismissed the case, although he is allowing the plaintiff’s attorneys until June 15 to attempt to amend the complaint. In February, the judge denied the lead plaintiff’s request to proceed with the case under the “Jane Doe” pseudonym, though he did permit her to use only her first name and last initial.
  • NASCAR pit crew: A judge denied the majority of two competing summary judgment motions and will allow a wrongful termination case by a former NASCAR pit crew member to proceed against his former employer, Michael Waltrip Racing (“MWR”). The plaintiff, Brandon Hopkins, injured his shoulder when a racecar hit him during a race. Treatment from MWR’s training staff was ineffective, and surgery was necessary. Surgery was delayed for reasons the parties dispute, however. Days before the scheduled surgery, Hopkins met with a supervisor, who assured Hopkins his job was safe. When Hopkins left the office to go home, he brought a particular tool– the design of which MWR considered confidential– with him, which, he said, was an accident. MWR did not believe Hopkins’ story and fired him the next day. Office security camera footage also showed Hopkins removing what may have been confidential documents from the office two days prior. The judge determined that there were sufficient facts that a jury could determine that Hopkins’ firing was connected to his injury, an impermissible basis for termination, or his misappropriation of confidential company information, which would be a permissible basis.
  • NBA fan assault: In February, Charles Oakley, a former member of the New York Knicks, was arrested and charged with assault after an argument with Knicks owner James Dolan during a game at Madison Square Garden. Now, Oakley has declined a prosecutor’s offer to drop the charges and requested that the matter be resolved in a trial, which Dolan likely views as a vehicle for unwanted public attention on himself.

Sports court is in recess.

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.

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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 – 2/17/2017

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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:

  • Baseball human trafficking: The federal criminal trial began this week in Miami in a case in which an agent and trainer were indicted for their alleged roles in a smuggling network designed to move baseball prospects from Cuba into the MLB system.
  • Boxing non-fight fight: Boxer Alexander Povetkin sued fellow heavyweight Deontay Wilder after the latter withdrew from the pair’s scheduled fight last May following the former’s positive test for meldonium, the same banned substance for which Maria Sharapova was banned from tennis competition. This week, a jury returned a verdict in Wilder’s favor, but Povetkin’s attorney wants to keep fighting, alleging that Wilder’s lawyer engaged in “gross and extensive misconduct” during the litigation and implying that he would seek a mistrial.
  • NFL turf: In what the Houston Texans are calling “a case of first impression,” former NFL linebacker Demeco Ryans is suing the team for damages arising out of an alleged career-ending, noncontact Achilles tendon injury Ryans says he suffered when he landed on a seam in the turf while playing in a game against the Texans as a member of the Philadelphia Eagles. Ryans is seeking $10 million, but the Texans say the court should dismiss the case because the NFL collective bargaining agreement preempts his claims. Ryans is hoping to avoid CBA preemption by relying on a prior case involving Reggie Bush, in which Bush injured himself after running out of bounds and slipping on a concrete surface surrounding the field during a game in St. Louis. In Bush’s case, the court ruled that the CBA did not apply, since the injury happened outside the field of play. Ryans’ lawsuit, the Texans highlight, deals with the in-bounds playing surface itself, which, the team argues, is a critical distinction that renders the Bush case inapplicable.
  • Lance Armstrong fraud: A False Claims Act lawsuit against Lance Armstrong will proceed after a judge’s ruling on various motions this week. The case involves allegations that Armstrong, while lying about his doping practices, received millions of dollars from the federal government in connection with his cycling team’s sponsorship by the U.S. Postal Service. Although the government’s case can go forward, Armstrong’s side will be able to argue in mitigation that the government’s benefit from the sponsorship reduces the amount of financial harm it actually suffered.
  • Student-athlete scholarships: Last week, we mentioned a settlement agreement under which the NCAA will pay an average of approximately $7,000 to current and former football and men’s and women’s basketball players who played a sport for four years and were affected by alleged athletic scholarship caps. Now, one of the plaintiffs, former USC linebacker Lamar Dawson, has objected to the settlement, which requires court approval before it’s finalized. Dawson’s concern is that the settlement includes a release of certain labor law claims that were not litigated in that particular case and which he is pursuing separately in a wage-and-hour lawsuit against the NCAA.
  • NBA fan app: A court partially dismissed a fan’s lawsuit against the Golden State Warriors, ruling that, although the fan had alleged facts sufficient to show that she had suffered an actual injury as a result of the team’s smartphone app’s alleged secret recording and capturing of her private communications, she had not stated a claim for relief under the federal Wiretap Act because she had not shown how the team intercepted and used her communications. The judge is allowing the fan the opportunity to amend her complaint.
  • Tennis commentator: After ESPN fired him in connection with an on-air remark about Venus Williams during this year’s Australian Open broadcast, Doug Adler, who worked for the network for nearly a decade, has filed a wrongful-termination lawsuit against his former employer, alleging that he was dismissed for saying something he never said. While some heard Adler use the word “gorilla” in reference to Williams, he maintains that he used the word “guerrilla” in describing her approach during the match he was broadcasting. Thanks to the magic of the internet, you can render your own judgment after viewing the clip here.
  • Penn State child abuse: Earlier this month, a court ruled that three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. The trial is supposed to begin next month, but the three defendants are attempting an immediate appeal of the ruling that they must face trial, arguing that a two-year statute of limitations bars the charges, and that Pennsylvania’s child-endangerment laws don’t apply to officials in their positions. In other news, Sandusky’s son, Jeff, has himself been charged with sexually abusing a child.

Sports court is in recess.

Baseball Notes: The WAR on Robbie Ray

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There are a few things we know with reasonable certainty about Robbie Ray. He was born on October 1, 1991 just south of Nashville in Brentwood, Tennessee. In 2010, the Washington Nationals drafted him in the twelfth round of the amateur draft. The Nationals traded him, along with two other players, to the Detroit Tigers in 2013 in exchange for Doug Fister. A year later, the Tigers traded him to the Arizona Diamondbacks as part of a three-team trade that netted the Tigers Shane Green and the New York Yankees Didi Gregorius. So far, Ray has seen major-league action as a starting pitcher with the Tigers and Diamondbacks. He showed promise in his first three appearances (two starts and an inning of relief), for Detroit. He showed less promise in his remaining six appearances– four starts and two relief innings– for that team. Things have ticked back up for Ray since his arrival in the desert, however.

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Most baseball fans likely have some familiarity with the player-valuation concept of wins above replacement player, usually labeled WAR. What many fans may not realize, however, is that there actually are three different versions of the WAR statistic. The goal of each version is the same: to determine a comprehensive valuation of an individual baseball player. Each takes slightly different paths to reach that comprehensive valuation, but they typically reach similar conclusions about a given player, such that it’s common to see or hear a player’s WAR cited without specific reference to the particular version utilized.

For example, the three versions– Baseball-Reference’s WAR (“rWAR”), FanGraphs’ WAR (“fWAR”), and Baseball Prospectus’ WARP (“WARP”)– all agree that Mike Trout had a great 2016. He finished the season with 10.6 rWAR, 9.4 fWAR, and 8.7 WARP, good for first, first, and second by each metric, respectively. For another example, they also agree about Trout’s former MVP nemesis, Miguel Cabrera: 4.9 rWAR, 4.9 fWAR, 3.9 WARP. (In my anecdotal experience, WARP tends to run a little lower than rWAR and fWAR for all players.)

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While the WAR varietals typically and generally concur, that isn’t always the case. Pitchers can be particularly susceptible to this variance, because the measurement of pitching performance is one of the areas in which the three metrics are most different. Continue reading

Analyzing college football coaches’ favorite musical artists

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ESPN conducted a survey of all 128 Division I college football coaches, asking them to name their favorite musical artist. The full list of responses is here. My cursory analysis is here:   Continue reading

Sports Law Roundup – 11/18/2016

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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:

  • Baseball stadium netting: On Wednesday, the trial court dismissed a lawsuit seeking increased fan-safety measures in baseball stadiums, including expanded safety netting behind dugouts and along the foul lines, based on a lack of standing. I previously wrote about this case over at TechGraphs (see here, here, and here), generally discussing the ways in which it– despite the legal weaknesses in the plaintiffs’ position– already was effecting change. Although those legal weaknesses proved to be the downfall of this suit, the court’s ruling was not without its admonitions to Major League Baseball. For example, an early footnote contains this observation: “Why Major League Baseball, knowing of the risk [foul balls pose] to children in particular, does little to highlight this risk to parents remains a mystery.” The order also expressly suggests the possibility that future litigation along these lines may be more availing in other states, where the “Baseball Rule,” which makes it very difficult for fans to recover against baseball teams and leagues, has fallen under attack: “Thus, it is conceivable that, under the right set of circumstances, a plaintiff could obtain the type of relief that plaintiffs seek here. Given the changing nature of both the baseball game experience and the injuries at issue, which are far different from those in 1914, what is a ‘reasonable expectation’ on an ‘ordinary occasion’ is not a static concept.
  • Football painkillers: Attorneys for retired NFL players in a lawsuit against the league alleging that team doctors dispensed painkillers “‘as if they were candy’ regardless of long-term effects” are seeking permission to depose team owners Jerry Jones and Jim Irsay. Outside of football, Irsay, who inherited ownership of the Indianapolis Colts from his father, is known for collecting famous guitars– including Jerry Garcia’s Tiger, Les Paul’s Black Beauty, and Prince’s Yellow Cloud— and having a history of abusing painkillers. The plaintiffs also have amended their complaint to add a RICO claim, which, among other things, introduces the potential for tripling their financial recovery in the lawsuit.
  • NCAA transfer rules: Johnnie Vassar, a former Northwestern basketball player, filed a putative class-action lawsuit against the NCAA, alleging that the rule forcing transferring students to sit out of their sport for their first year at their new school violates antitrust laws. Vassar claims that he attempted to transfer from Northwestern but was unable to do so, because all of his target schools only would accept him if he could play immediately. In recent years, Northwestern has emerged as a cradle of anti-NCAA legal activity.
  • Triathlon death: A wrongful death claim brought in connection with the drowning death of a competitor in the 2010 Philadelphia Triathlon cannot proceed, a Pennsylvania appellate court ruled, concluding that the triathlete knowingly and voluntarily assumed the risk of participating in the event when, in the course of registering for it, he executed a detailed liability waiver.
  • Cuban baseball-player smuggling: In a federal criminal case against a sports agent accused of conspiracy to smuggle Cuban baseball players into the United States, the government has listed numerous professional players, including Yoenis Cespedes and Jose Abreu, as trial witnesses. For more on this general subject, ESPN The Magazine’s feature on Yasiel Puig is a must-read.
  • Boxing fraud: The defendants– Floyd Mayweather, Manny Pacquiao, HBO, Top Rank, and others– in twenty-six lawsuits alleging that they improperly concealed Pacquiao’s shoulder injury leading up to the fighters’ 2015 bout in order to boost pay-per-view sales admitted that the plaintiffs– fans and bars– had standing to pursue their claims, even as the defendants denied that those claims had any merit.
  • Gambling: West Virginia, Arizona, Louisiana, Mississippi and Wisconsin are asking the United States Supreme Court to review a Third Circuit decision rejecting New Jersey’s attempt to open up sports gambling in its state. The five states, together, filed an amicus brief in support of New Jersey’s cert petition (formal request that the Supreme Court allow them to appeal the Third Circuit’s ruling), arguing that the manner in which Congress has regulated sports gambling is unconstitutional and threatens the balance of power between the federal and state governments. In an unrelated story, daily fantasy leaders FanDuel and DraftKings announced a merger agreement this morning.
  • Secondary football ticket market: Under pressure from state regulators, the NFL agreed to end its league-wide imposition of a price floor on game tickets sold on the secondary market that had prevented the resale of tickets at prices below face value. The agreement does not apply to tickets for the Super Bowl and Pro Bowl, nor does it prevent teams from acting “unilaterally” to enforce price floors, meaning that the practice could continue.
  • Campus police records: The Indiana Supreme Court affirmed a trial court’s dismissal  of ESPN’s lawsuit seeking the University of Notre Dame Police Department’s incident reports involving student athletes, deciding that the ND Police Department is not a “public agency” and thus cannot be compelled to produce the requested materials under the state’s open records law.

Sports court is in recess.

ESPN Films’ 30 for 30 series finally peaks following Simmons’ departure

At some point in the last fifteen years, ESPN, as a brand, became uncool. I described this transition at length here, pegging 2003 as the beginning of the end of the Worldwide Leader’s cool cache. The ongoing creep (some would say, “dash”) toward faceless, nameless on-air talent and lowest-common-denominator content has not infected every corner of the four-letter network’s offerings, and the conventional wisdom was and remains that the weaker a program’s ties to Bristol, Connecticut, the higher its quality. That physical remoteness from the corporate jackboot seemingly allowed things like Bill Simmons’ Los-Angeles-based Grantland and the itinerant College GameDay to flourish.

Simmons also took a leading role in ESPN Films’ 30 for 30 series, a universally praised series of sports documentaries. After Simmons and ESPN parted ways in the spring of 2015, Grantland died, but 30 for 30 lived on. While I’ve enjoyed every 30 for 30 film I’ve caught flipping around on the television, none ever has been appointment viewing.

Until now.

Nearly two years after Simmons got himself kicked out of ESPN, the network will air what undoubtedly will be received as the best 30 for 30 entry ever: “This Was the XFL.” From the press release:

A bold challenge, a fearless experiment and ultimately, a spectacular failure. In 2001, sports entertainment titans Ebersol and McMahon launched the XFL. It was hardly the first time a league had tried to compete with the NFL, but the brash audacity of the bid, combined with the personalities and charisma of Ebersol and McMahon and the marketing behemoths of their respective companies — NBC and WWE — captured headlines and a sense of undeniable anticipation about what was to come.

Bringing together a cast of characters ranging from the boardrooms of General Electric to the practice fields of Las Vegas, “This Was the XFL” is the tale of — yes — all that went wrong, but also, how the XFL ended up influencing the way professional team sports are broadcast today. And at the center of it all – a decades long friendship between one of the most significant television executives in media history and the one-of-a-kind WWE impresario. This film will explore how Ebersol and McMahon brought the XFL to life, and why they had to let it go.

Both of these films (plus exclusive bonus features) will be available for streaming on WatchESPN immediately following their premieres.

I’m not much for fantasy football, but I played fantasy XFL, still love the ideas behind this league, and remain on vigilant watch for the emergence of subsequent examples of its ilk. The XFL improved the NFL, which now is in need of another shakeup. Here’s hoping that the release of this movie, slated for three days prior to the next Super Bowl, will rattle the NFL’s cage.

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Related
Pre/Postmodern football fans rejoice: The SPFL cometh

Why I don’t gamble on sports, ep. 37

I don’t shy away from writing about sports wagering. I think it should be legal, and I expect it will be as soon as the major sports leagues want it to be legal, which I suspect they will sooner rather than later. The leagues already have a taste of that sweet gambling coin, and they’re going to want more of it once their over-leveraged insurers (i.e., the sports-broadcasting networks) go belly-up and no one can or will pay the exorbitant broadcast-rights fees that fund the owners’ and players’ ballooning salaries.

That’s all speculation, of course, but I’m certain of this: I am not good at betting on sporting events. I know this from personal experience, a bit of which I have detailed here and displayed elsewhere. Unlike my favorite comedian, Norm Macdonald, who has lost all his money three times in pursuit of the thrill of sports betting, the alleged excitement of gambling never has captured me emotionally, and my experiences, which serve as mental reminders that staying away is the right move, have exacted minimal financial cost.

Typically, I keep these little reminders– like my embarrassingly low ESPN Streak for the Cash winning percentage– to myself. Sometimes, though, they’re too perfect not to share:

Good luck out there.

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Related
Lose money playing DraftKings or FanDuel? File a lawsuit.MLB Rule 21(d)
The Invaders: A racetrack, a killing, and the history of organized crime in Hot Springs, Arkansas (via Grantland)
This is what is right with Grantland
Text messaging competitions: Non-sports vs. no sports