Sports Law Roundup – 10/20/2017

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:

  • Penn State child abuse: A court has denied the request of Jerry Sandusky, the former Penn State University assistant football coach who sexually abused children, for a new trial. Sandusky contends his conviction on those charges was wrongful due to the claimed inadequacy of his legal representation at trial and the prosecutor’s failure to disclose potentially exculpatory information.
  • NFL hiring collusion: Free-agent quarterback Colin Kaepernick has filed a labor grievance with the NFL alleging that the league’s member teams are colluding to keep him out of a job because of his leading role in player protests during the National Anthem. Kaepernick identifies President Donald Trump as a significant actor whose public statements condemning protesting players motivated the owners’ decision. Kaepernick faces an uphill legal climb, though, because circumstantial evidence– the observable fact that no team has hired him despite his track record and apparent needs at his position– is insufficient to prove collusion. Under the collective bargaining agreement, “no club, its employees or agents shall enter into any agreement, express or implied, with the NFL or any other club, its employees or agents to restrict or limit” a team from negotiating or contracting with a free-agent player. To make his case, Kaepernick will need to demonstrate that the owners, together and not independently, made an affirmative decision not to employ him, or that the NFL itself directed or encouraged teams to take that position. Depending upon how this matter evolves, however, the stakes for the league and union could be high, as, under certain circumstances, proof of collusion could terminate the CBA.
  • Wrigleyville: The U.S. Court of Appeals for the Seventh Circuit has denied a request for rehearing filed by owners of Wrigley Field-area owners of rooftop restaurants and bars who claimed the Chicago Cubs violated an agreement to prevent the obstruction of field views from the neighboring rooftop establishments when the team included a new, large, outfield video board in its updates to Wrigley Field. The court offered no explanation for its decision to reject the petition for a rehearing of its prior judgment that the agreement itself and MLB’s antitrust exemption barred the neighbors’ claims.
  • North Carolina academics: After spending more than six years investigating the University of North Carolina for academic fraud, the NCAA issued a final ruling subjecting the school to minimal sanctions that do not affect any of UNC’s athletic programs, a decision that, according to Mark Titus, “should come as no surprise.”

Sports court is in recess.

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Tigers make no waves with garden-variety hire

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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.

Can CC Ride into Cooperstown?

New York Yankees starting pitcher CC Sabathia had a big night last night, giving his team a much-needed six-inning shutout start and a chance to even the series against the  Houston Astros in the ALCS. With Sabathia, at age thirty-seven, in the final year of his current contract, Sabathia’s performance made some wonder about his Hall-of-Fame credentials, a subject I attempt to parse in only slightly greater detail in my latest post for Banished to the Pen.

The full post is available here.

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

Sports Law Roundup – 9/22/2017

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:

  • Dominican politics: A court in the Dominican Republic has convicted former MLB player Raul Mondesi on charges of political corruption in connection with his activities as mayor of San Cristobal, his hometown. The court sentenced Mondesi to eight years in prison, fined him the equivalent of $1.27 million, and barred him from holding public office for the next ten years. Mondesi, the 1994 National League rookie of the year, earned over $66 million in his thirteen-year career mostly spent as a member of the Los Angeles Dodgers. Reports indicate Mondesi embezzled funds while serving as mayor of San Cristobal.
  • Penn State child abuse: A court dismissed a defamation lawsuit former Penn State University Graham Spanier filed against Louis Freeh, the former FBI director who investigated the the Jerry Sandusky sexual assault scandal inside PSU’s football program and produced a report of his investigation that named Spanier and served as part of the basis for subsequent criminal charges against Spanier. In June, a court sentenced Spanier to two months in jail and eight months on house arrest following his conviction on a misdemeanor count of child endangerment. That conviction, the judge in Spanier’s defamation case explained, barred the defamation claims, although he observed that Spanier could revive the case if an appellate court reversed his criminal conviction.
  • Three on three on three on three: Ice Cube’s (real name: O’Shea Jackson) Big3 Basketball, a popular three-on-three basketball league for former NBA players with an FS1 television deal, responded to a lawsuit from new rival Champions League by filing a lawsuit of its own alleging that Champions League defamed Big3 by falsely telling investors that the reason Champions League had not yet launched was because Big3 has blocked its players from joining Champions League. Champions League’s previous suit against Big3 alleged that Big3 violated agreements to allow players to play in both leagues.
  • NFL head injuries: A Boston University study on the brain of Aaron Hernandez concluded that Hernandez had “stage 3 CTE.” Initial reports indicated that Hernandez’s family intends to file suit against the NFL and the New England Patriots and, on Thursday, Hernandez’s now four-year-old daughter, Avielle, filed an action against those entities. Her complaint alleges that negligence by the league and team resulted in a loss of parental consortium. Related filings state that she is seeking $20 million. The complaint further states that Hernandez had “the most severe case of [CTE] medically seen in a person of his young age” by the Boston University researchers. According to the complaint, there are four stages of CTE, with stage 3 typically being associated with players with a median age of death of sixty-seven. Hernandez was twenty-seven when he committed suicide.
  • OSU trademark: Oklahoma State University and Ohio State University have settled their conflict over the use of the “OSU” trademark, with both universities agreeing that they may use the mark nationwide. The dispute initially arose after Ohio State sought a trademark for “OSU” and Oklahoma State submitted an objection to the U.S. Patent and Trademark Office claiming that it held rights to that mark. Under their agreement, each school will not use “OSU” in connection with the colors or mascot of the other and will use “Ohio State” and “Oklahoma State” in promotional materials to help avoid confusion. The agreement also includes a non-disparagement provision precluding the schools from using phrases like “wannabe OSU” or “copycat OSU.”
  • Beverly Hills Ninja Bikes: Make Him Smile Inc., a company that owns the intellectual property rights associated with late comedian Chris Farley, sued the Trek bicycle company over its marketing of a “Farley” bicycle designed with fat tires and a fat frame. Trek, the plaintiff alleged, paid nothing for trading on Farley’s name and likeness. The complaint seeks $10 million in damages.

Sports court is in recess.

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)

When your favorite group plays poorly in the wrong venue

When the Tap’s fans wanted to express their displeasure with the debut of Spinal Tap Mark II and “Jazz Odyssey” at Themeland, there’s only one way to do it:

spinal tap thumbs down

The same goes for Rays fans expressing their displeasure with a losing performance against the New York Yankees in a game relocated to Citi Field (the home of the New York Mets) due to Hurricane Irma:

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).

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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.

Just in time for the end of the MLB season, the best baseball TV show is live on the internet

starting 9 brian wilson

To be fair, there isn’t a large volume of competition in the daily live MLB television show category. By my count, the established programs are MLB Network’s “MLB Tonight,” FS1’s “MLB Whiparound,” and ESPN’s “Baseball Tonight,” all of which essentially compete to be the first choice in baseball wallpaper.

Enter “Starting 9,” a Barstool Sports production that debuted last week and already has surpassed all of its major-network competitors in every facet. None of those shows sniffs the “appointment-viewing” descriptor, which applies to “Starting 9.” It’s the perfect show for baseball fans in both content and delivery. The show airs live Sunday through Thursday at just the right time– 11:00 pm on weeknights, right after East-Coast games have ended, and 6:00 pm on Sunday, between the end of the afternoon games and the start of the primetime ESPN game– and runs for just the right length of time, about twenty minutes per episode. Adding to the convenience is the fact that “Starting 9” streams on Facebook Live and Periscope, allowing the audience an easy second-screen viewing setup.

Although it’s a web-based show, “Starting 9” looks like a show you’d see on a big sports television network thanks to shiny graphics (the 1990s Donruss baseball card visual reference is a particularly nice touch) and a license to air MLB game highlights. “Starting 9” isn’t on a big sports television network, though, which means its hosts– Jared Carrabis; former Oakland Athletic and ESPN broadcaster Dallas Braden; and, at least for the first week, former San Francisco Giant Brian Wilson– are uncensored and unfiltered, leading to a much more natural conversation. It’s everything PTI is supposed to be but never can be.

The hosts have an easy rapport that flows from the homonymous podcast Carrabis and Braden began hosting a month ago, which featured the not-shy Wilson as its first guest. Carrabis has been writing about the Boston Red Sox and baseball generally at Barstool for years, and the site hired Braden (who once pitched a perfect game, in case you hadn’t heard) after ESPN cut him loose in their big round of layoffs this spring.

The show’s first week demonstrated an impressive ability to synthesize the day’s baseball stories, some of which happened just moments before the show went live, into a well-rounded blend of on-field highlights, fan interactions, and other news and happenings that ranges from the serious to the silly.

The benefits a live show were on display during last night’s episode, in which Carrabis and Braden were able to discuss J.D. Martinez’s four-homer game, which was happening during the show.

Last night’s episode also was the first without Wilson, whose absence was noted at the opening. It will be a small disappointment if he is not a regular part of the show going forward, as appears to be the case, since he provides a good compliment to Braden, who can be a little too bombastic at times.

One thing that does not seem to be a problem for “Starting 9” is audience size. Facebook Live viewership during the first week hovered between eight hundred and 1,200 at a given moment, and the Periscope numbers were bigger: I saw anywhere 50,000 to over 100,000. The episodes remain archived on Facebook and the Barstool site itself as well, convenient for those who aren’t able to watch live.

Although the 2017 regular season is nearly over, I suspect that “Starting 9” will continue in some capacity during the playoffs, and I look forward to having it as a part of my baseball routine in the future.