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Sports Law Roundup – 12/16/2016

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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:

  • NBA CBA: Like baseball, the NBA has a new collective-bargaining agreement. Full details are not yet public, but it appears there will be salary cap and luxury tax changes, as well as an increase– from thirteen to fourteen– in the number of guaranteed roster spots for each team. The league also has agreed to shorten the preseason and expand the calendar length of the regular season without increasing the number of regular season games. One aspect that will not change is the manner in which the players and owners divide basketball-related income. The players conceded roughly seven percent (approximately from 57% to 50%) during the last lockout in 2011.
  • NFL concussion settlement: Earlier this year, the NFL settled a class-action lawsuit brought by former players seeking compensation for ongoing problems related to head injuries suffered during their professional football careers by agreeing to provide a fund to compensate former players for the next sixty-five years. The U.S. Court of Appeals for the Third Circuit affirmed the settlement, but a small subset of the class members– approximately thirty of 22,000– were dissatisfied with the settlement, believing it was underinclusive because it did not provide relief for former players who develop CTE, the disease found in people who suffer from repeated brain trauma that, at this time, is not detectable while the player is alive. Seeking further review of the settlement, these plaintiffs petitioned the Supreme Court. On Monday, the Court declined to grant their petition, leaving in place the Third Circuit’s ruling. It is unclear whether these objecting plaintiffs have any further recourse, though they likely are watching the new lawsuit highlighted in this space last month that specifically addresses CTE.
  • Student-athlete classification: As discussed here last week, the United States Court of Appeals for the Seventh Circuit rejected claims by a group of former Penn student-athletes that they are employees entitled to minimum-wage compensation under the Fair Labor Standards Act. Now, those students plan to request en banc review, meaning that they will ask the full panel of Seventh Circuit judges to reconsider the decision. (Federal circuit courts typically hear cases in three-judge panels, even though more than three judges make up each of the federal circuit courts. Aside from an appeal to the Supreme Court, which may not even be accepted, the only way to reverse a circuit court ruling is to ask the full court to do so.) The plaintiffs contend that the amateur aspect of collegiate athletics the ruling noted is not pertinent to an FLSA analysis, and that the Seventh Circuit’s decision “conflicts with decisions in this and other circuits on employee status.”
  • Raiders stadium: In an apparent attempt to keep the Raiders from moving to Los Angeles or Las Vegas, the Alameda County Board of Supervisors voted to support the building of a new football stadium in Oakland that– unlike the new basketball arena being built for the NBA’s Warriors that will relocate them from Oakland to San Francisco–  would be funded, in significant part, with public money. The Board’s vote does not guarantee that the Raiders will stay in Oakland.
  • Rams fans: St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles now have requested class-action status. The plaintiffs are seeking a variety of forms of relief, including reimbursement for tickets and concessions. A judge already has ruled that some of the plaintiffs who want the team to continue to honor the licenses by allowing the St. Louis fans to purchase season tickets at the team’s new home in L.A. are entitled to do so.
  • NFL broadcasting: The plaintiffs in an antitrust lawsuit targeting NFL Sunday Ticket, the product of the exclusive agreement between the NFL and DirecTV for the television broadcasting of out-of-market NFL games, won an apparently significant victory when Fox and CBS agreed to produce documents evidencing their own Sunday-Ticket-related agreements with the league and DirecTV in connection with a judge’s discovery order. The NFL contends that the plaintiffs have failed to allege an antitrust violation because the NFL can decide how to broadcast its games, and the Sunday Ticket package represents an addition to viewers’ existing options (i.e., the one or two games available each Sunday afternoon on Fox and CBS, plus the national Thursday/Sunday night/Monday night broadcasts) rather than a restriction.
  • Secondary ticket market: The President has signed the BOTS Act, a bill that expands the authority of the Federal Trade Commission to regulate the online secondary market for event tickets. The new law seeks to prohibit “ticket bots and other online tools that deliberately circumvent security protocols limiting or restricting online ticket purchases.” Here’s hoping this law will provide a more meaningful benefit to sports fans than the NFL’s practically meaningless agreement to end its league-wide imposition of a price floor on game tickets sold on the secondary market.
  • Formula One acquisition: Liberty Media, the company that owns the Atlanta Braves, will acquire auto-racing series Formula One for $4.4 billion. According to a reputable source, F1 cars are the fastest in the world among road-course racing cars.
  • MLB CBA: I wrote about the new CBA in this space after the league and players union reached their agreement on November 30. Now we have more information about the particularities of the agreement, and this analysis provides a helpful overview. We also learned that the Tampa Bay Rays were the only team to vote against approving the agreement. In a public statement, the Rays’ general managing partner made reference to an “opportunity [that] was missed” to “address the extraordinary and widening competitive gap that exists on-field between higher and lower revenue clubs.”

Sports court is in recess.

Sports Law Roundup – 12/9/2016

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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:

  • College football defamation: On Thursday, former Baylor head football coach Art Briles sued three Baylor regents and the university’s senior vice president and CEO claiming that they defamed him by stating that he had knowledge of sex crimes reportedly committed by his players and failed to provide that information to proper authorities. In addition, Briles alleges that the officials sought to prevent him from securing another coaching position elsewhere. He also included a claim for intentional infliction of emotional distress, and, in total, seeks unspecified damages in excess of $1,000,000. Here is a picture of Briles’ longtime attorney, Ernest H. Cannon, riding a horse at a rodeo.
  • Football player suspension challenges: In related stories covered in this space last week, two NFL players represented by the same Ohio law firm launched collateral attacks on the NFL/NFLPA collective bargaining agreement targeting alleged procedural deficiencies in the suspension-appeal process after both were suspended for drug violations. The NFL and NFLPA now have taken action in one of those cases by appointing a third arbitrator to hear a rescheduled appeal by Green Bay Packer Mike Pennel. The absence of a third arbitrator is central to the claims Pennel raised in the lawsuit he filed in Ohio federal court. In connection with that suit, Pennel also sought a temporary restraining order, which the responsive actions by the league and union were designed to moot. On Tuesday, Pennel agreed to drop his lawsuit in exchange for a reduction– from ten games to four– in his suspension, which will allow him to play in the postseason should his Packers secure a playoff berth. (Pennel’s attorneys also represent Philadelphia Eagle Lane Johnson, who filed similar complaints with the National Labor Relations Board and U.S. Department of Labor around the same time Pennel filed his lawsuit.)
  • Student-athlete classification: The United States Court of Appeals for the Seventh Circuit rejected claims by a group of former Penn student-athletes that they are employees entitled to minimum-wage compensation under the Fair Labor Standards Act. The trial court granted a motion to dismiss the defendants– the NCAA, Penn, and more than 120 other NCAA member schools– filed, and the appellate court affirmed. The court agreed that dismissal as to the non-Penn defendants was appropriate because of a lack of standing; the plaintiffs had attended only Penn and had no basis to recover wages from any school they didn’t attend. The court also agreed that dismissal was appropriate as to Penn, because the plaintiffs had failed to state a claim for relief from Penn. Noting the “revered tradition of amateurism in college sports” and the weight of judicial and regulatory precedent holding that student-athletes are not employees, the court concluded that the FLSA does not apply to student-athletes. While many disagree with this outcome, it is consistent with the original meaning and purpose behind the “student-athlete” designation. (In a concurring opinion, Judge Hamilton cautioned against broad application of the court’s decision, noting that the plaintiffs participated in a non-revenue sport– track and field– for a school that does not offer athletic scholarships, and suggested that he might have voted differently had the plaintiffs been student-athletes on athletic scholarship in a revenue sport.)
  • Hockey head injuries: A group of former NHL players suing the league for its alleged failure to warn them of known risks of head trauma now have requested class certification in that case for two classes of former players based on the different measures of relief sought: damages for those already diagnosed with neurological injuries and medical monitoring for others. Attorneys from a number of large law firms, including Skadden Arps Slate Meagher & Flom, are representing the NHL in this case. Skadden is the anchor tenant in a new commercial real estate development in Manhattan that also will be home to the NHL’s offices when it opens in 2019.
  • Minor League Baseball lobbying: MiLB has created a political action committee in order to boost lobbying efforts. The impetus for this move likely is the class-action lawsuit minor-league players filed alleging that their compensation violates federal wage and hour laws and the leagues’ attempt to snuff out that suit by way of congressional action. The proposed Save America’s Pastime Act would create a carve-out in the Fair Labor Standards Act exempting minor-league players from minimum-wage and overtime protections. There has been essentially no action on the bill since Rep. Brett Guthrie of Kentucky introduced it in June, leaving plenty of time for MLB to say dumb things about it.
  • Soccer ban: The Court of Arbitration for Sport denied former FIFA president Sepp Blatter’s request to overturn his six-year ban from all national and international soccer-related activity and fine of 50,000 Swiss francs for his involvement with bribes and kickbacks during his leadership of FIFA.
  • Canadian Super Bowl commercials: There is a thing in Congress called the House Northern Border Caucus, and four of its members, representing districts in North Dakota, New York, and Washington, sent a letter asking the Canadian government to reverse its decision to block Canadian advertisers from running commercials on the Canadian broadcast of the Super Bowl. Canadian broadcasters used to have an agreement with the NFL that allowed Canadian commercials on the Canadian broadcast of the game, but, in 2015, Canadian regulators changed course in response to viewer demands to see the popular American commercials that run during the game. Canadian broadcasters and advertisers and the NFL, which is losing out on Canadian advertising revenue as a result, all oppose that change. The company that holds the Canadian broadcast rights to the Super Bowl, Bell Media, also has sued the regulatory body in an attempt to reverse the policy.
  • Hockey logo: Things are off to a rough start for Las Vegas’ first major professional sports team after the U.S. Patent and Trademark Office denied the Golden Knights’ registration application, citing a “confusing[] similar[ity]” to a mark registered by the College of Saint Rose. Arguable visual similarities aside, I didn’t even know there was a Saint Rose, much less a College of Saint Rose, and I certainly didn’t know the school’s mascot is the Golden Knights, and neither did you, which means that, however similar these marks might be, the likelihood of confusion here is very low. This likely is little more than another instance of the USPTO seeking a moment in the sports sun.
  • Gambling: The nation of Antigua and Barbuda has issued a threat to the United States if the U.S. does not meet a year-end deadline to comply with a 2003 World Trade Organization order ruling that American online sports betting and gambling laws violate international law. If the U.S. does not comply with the WTO order, which also carries an annual noncompliance penalty of $21 million and has accrued to over $250 million, Antigua and Barbuda intends to suspend intellectual property protections for Americans, effectively permitting Antiguans to establish websites hosting royalty-free downloads of American IP (e.g., books, music, movies, television programming, etc.).
  • Baseball ambassador: Bobby Valentine, former MLB player and manager of the Mets and Red Sox, reportedly is under consideration by president-elect Donald Trump for the position of ambassador to Japan. Valentine, who currently serves as athletic director at Sacred Heart University, is popular among Japanese baseball fans thanks to two successful stints as manager of a professional baseball team there.

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 →

Sports Law Roundup – 11/25/2016

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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 a short holiday week:

  • NFL head injuries: A new lawsuit, filed Monday by thirty-eight former NFL players against the league and its teams, seeks an amendment to the NFL-NFLPA collective bargaining agreement to provide for workers’ compensation benefits for CTE, the disease found in people who suffer from repeated brain trauma, for living patients, as well as loss-of-consortium compensation for their spouses. The plaintiffs, including Detroit Lions All-1990s lineman Tracy Scroggins, allege that they have symptoms of CTE. While doctors typically cannot diagnose CTE until the patient has died, allowing for a more thorough brain examination, this lawsuit shifts the focus to those demonstrating CTE symptoms while they are alive. Advances in brain-imaging technology and a newly developed blood test may provide medical support for legal claims based on “living CTE.”
  • Professional athlete Ponzi scheme: On Monday, a banker pleaded guilty to conspiracy, wire fraud, and money laundering in connection with a Ponzi scheme she ran with former NFL player Will Allen designed to defraud investors with a plan to make loans to professional athletes seeking offseason financing when they weren’t receiving payments from their team salaries. The athletes’ identities are not public information, but, according to the banker, they include “the second-best player on a National Football League team, two other pro football players, two pro baseball players and a hockey player.” Allen, who already entered a guilty plea, spent more than a decade in the NFL as a defensive back for the Giants and Dolphins.

Sports court is in recess.

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.

Final 2016 MLB prediction report

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Now that the individual awards are out, we can put a wrap on my preseason MLB predictions. I’ve already recapped the team-standing predictions and results here, and what follows is a look at how well I predicted the individual player awards announced this week:

American League

MVP: Mike Trout

Correct. Trout’s win was not the result of a unanimous vote, but it was a clear win. He was the favorite for the award at the beginning of the season, and, despite playing on a bad team (a factor that seems to matter to some), Trout is a generational player, and maybe more, who a not-small group of people believe should have won this award every year of his career. By the leading WAR metrics, this wasn’t even Trout’s best season (although it’s a close call by rWAR), but he was better than everybody else. Good call, BBWAA.

Cy Young: Chris Sale

Incorrect. Sale finished fourth, and Rick Porcello won the award. Let’s not talk any more about this one.

Rookie of the Year: A.J. Reed

Incorrect. This one was my biggest gamble of the entire predicting process. While the NL ROY choice was obvious even before the season started, the AL seemed to me to be wide open, so I chose a little-discussed player who seemed to be in a position to make a big impact for a good team that seemed ready to explode. Even last year, the Astros had a lineup stocked with young talent, and it appeared that they might be a bit ahead of schedule on their massive rebuilding plan. Preseason, their only real gap in the lineup looked like it was at first base, and Reed was a power-hitting first baseman waiting in the wings. Unfortunately for my prediction, which obviously is what matters most here, the Astros weren’t ahead of schedule, and Reed did not propel them to the postseason in a blaze of hitting glory. Instead, Houston’s pitching regressed, and Reed played just forty-five games of sub-replacement-level baseball. Next year could be a very different story, though, as Houston– which added Brian McCann and Josh Reddick yesterday– looks to be making a very strong push for 2017. Right on schedule.

The actual winner, Michael Fulmer, was a great choice. I wrote more about his win here.

National League

MVP: Paul Goldschmidt   Continue reading →

Kate Upton has a point: Writers must do better with baseball awards voting (via Fox Sports)

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111716-mlb-tigers-verlander-upton-pi-vadapt-980-high-75Kate Upton had a point. Her math is off, her facts are off, but she had a point.

Sorry, Kate, no writer should be fired for failing to vote for your fiance, Justin Verlander, for the American League Cy Young Award.

But, with all due respect to the Baseball Writers Association of America — of which I am a proud member — the omission of Verlander from the ballot by both Tampa Bay voters is indeed an indication that we can do a better job choosing the voters for our awards.
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Judging voters too harshly is a slippery slope: I vehemently oppose penalizing anyone for holding an unpopular or even mistaken opinion. At the same time, it is the obligation of every voter to develop a sound rationale for his or her choices. Different answers are acceptable; it’s the process that matters.

The Tampa Bay voters, Bill Chastain of MLB.com and Fred Goodall of the Associated Press, cannot be held solely responsible for Verlander’s second-place finish, despite what Upton said in her epic Twitter rant Wednesday night. Verlander would have needed third-place votes or better from both to overcome Porcello – and seven other writers placed him fourth or fifth.

Chastain told the New York Daily News that he submitted his ballot with about a week left in the regular season; a curious choice, to say the least, when Verlander’s Tigers were still fighting for a playoff berth. Goodall, one of several AP writers who vote for BBWAA awards, does not solely cover baseball; he reports on a variety of sports in the Tampa Bay area.
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Ultimately, though, each writer needs to take responsibility; if you are not prepared to engage in or capable of the necessary analysis, then don’t accept the ballot. Chastain and Goodall did not make indefensible choices — Chastain went Porcello-Britton-Kluber-Sale-Masahiro Tanaka; Goodall went Porcello-Kluber-J.A. Happ-Britton-Aaron Sanchez. But the complete exclusion of Verlander by both makes little sense.

Votes are subjective, differences of opinion expected. But the BBWAA has a responsibility, too — a responsibility to make sure that we select the most qualified voters, the best of the best, to get the optimal result.

If we fail to do that, shame on us. … Read More

(via Fox Sports)

HT: LRAD/MSN.com

Michael Fulmer and the changing face of the Detroit Tigers

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We learned Monday that Detroit Tigers starting pitcher Michael Fulmer is the 2016 American League rookie of the year. While not a unanimous selection like his National League counterpart, Corey Seager, he still claimed the award in convincing fashion:

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Fulmer is the fifth Tiger to win the award, joining teammate Justin Verlander, Lou Whitaker, Mark Fidrych, and Harvey Kuenn. The connection between Verlander, who won his rookie of the year exactly ten years ago and is a contender for his second Cy Young award this year, and Fulmer seems to be a neat and real mentorship relationship. Here’s a snapshot statistical comparison of Verlander and Fulmer in their rookie-of-the-year seasons:

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It certainly is exciting to consider the possibility that the Tigers have found in Fulmer another Verlander, even if Fulmer’s numbers– comparatively superior to Verlander’s ROY season across the selected metrics– have some worried about his ability to repeat his rookie-year successes. (This concern boils down to the relatively large gap between Fulmer’s ERA and his FIP. It seems worth noting that Verlander had an even larger gap in 2006.) It doesn’t mean a lot, but the similarities make for a fun comparison.

Fulmer’s accolades serve as a reminder that the next generation of this Tigers team already has arrived, at least in part, and that, with business-side changes afoot, the veteran generation could be gone before we know it.   Continue reading →

Taylor Swift and Phish deserve 2016 World Series rings

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Taylor Swift’s influence on this year’s historic World Series is well-recognized. First, she cleared the Chicago Cubs’ path through the National League side of the playoff draw by failing to release a new album in an even year for the first time since 2006, thereby removing the true and powerful source of the San Francisco Giants’ even-year magic. Things wobbled a bit when, on the day of game three of the NLDS (in which the Cubs held a 2-0 series lead over the Giants), Swift announced that her first concert in nearly a year would take place later that month and, some thought, hinted at a new album release that would spirit the Giants to another world championship. San Francisco avoided elimination by beating Chicago that night.

Swift performed her concert, but she ultimately declined to release a new album, thereby halting the Giants’ playoff run and allowing the Cubs to advance to the World Series.

As all baseball fans know from the parable of the angels in the outfield, though, a team’s supernatural helper– be it Christopher Lloyd or T-Swizz– only will carry the team so far. In the World Series, the Cubs faltered again. Their offensive power, which had floated them to a regular-season-best 103 wins, suddenly became scarce in the playoffs, and they quickly found themselves in a 3-1 hole against Cleveland in the final round. Backs against the wall, Chicago would have to win three straight games in order to claim the title. To do that, their first baseman, Anthony Rizzo, would have to start hitting.

At twenty-seven years old, Rizzo qualifies as a wise old veteran on this young Cubs team, and he knew a change was necessary for the Cubs to have a shot at winning the series, so he made one. All year and throughout the playoffs, Rizzo had used Swift’s “Bad Blood” as his walkup music, and it had served him well. With one game left at Wrigley Field, the first of three consecutive must-wins, Rizzo hit shuffle on the jukebox, swapping “Bad Blood” for the Rocky theme. It worked. Rizzo hit a key double and scored a run, and the Cubs won 3-2, sending the series back to Cleveland, where they would win twice more, including a dramatic game-seven victory in extra innings. And it’s all thanks to Taylor Swift.

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Almost all of it, anyway. The touring phenomenon that is the band Phish has been making music together since 1983. In the more than thirty years of their existence, they have performed in Chicago numerous times. In fact, prior to this year, they’d played in Chicago twenty-eight times (I’m counting their five appearances in Rosemont), including a 1991 gig at the famous Cubby Bear bar. (For more on that storied venue’s history with music and baseball, enjoy this brief video from 1984.)

Until 2016, though, they never had performed inside the (helping) friendly confines of Wrigley Field. In the 108th year of Chicago’s north-side championship drought, however, Vermont’s finest made their Wrigley Field debut on June 24. We joined them on night two of their two-night Wrigley run, and they were excellent. The second night’s second set, in particular, was sublime.

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I don’t recall any explicit baseball references from the band that evening, but the first set offered some clues:

  • Waiting All Night (a World Series game seven preview)
  • 46 Days (sung as a reference to the days of 1946, the year after the Cubs’ last World Series appearance)
  • I Didn’t Know (You Were That Far Gone – from a World Series championship)
  • Good Times Bad Times (acknowledging that the Cubs and their fans have had their share of both)

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Are there musicians more closely associated with the Chicago Cubs than Taylor Swift and Phish? Probably. Eddie Vedder comes to mind. Michigander and ostensible Detroit Tigers fan Jack White has had his public flirtations. It is clear from the foregoing, however, that no musicians did more to help the Cubs break their various curses and claim a World Series title for the first time in 108 years than Swift and Phish. If Manny Ramirez is getting a World Series ring this year, then so should Taylor, Trey, Jon, Mike, and Page.

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Related
World Series Game 7 in two tweets
Book review: Chicago Blues: The City & The Music

Offseason starts with a bang for the Detroit Tigers

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When the Detroit Tigers’ season ended in Atlanta last month, the message from general manager Al Avila was both clear and clearly different than it had been a season ago, when Avila took over the job from his boss, Dave Dombrowski. Then, speaking as the mouthpiece of the team’s owner, Mike Ilitch, he said that “the foot is on the pedal, hard,” and the team continued to make the kind of win-now moves that largely have defined them for the past decade. Now, though, Avila’s taking his foot off the gas and ushering in a period of austerity that’s likely to be painful. It definitely will be different.

The changes began immediately. Yesterday was the first day of the MLB offseason, and Avila wasted no time in making two of his biggest decisions on current player options. First, he “traded” center fielder Cameron Maybin to the Angels for a low-grade relief pitching prospect in a move that essentially amounts to the Tigers declining to exercise Maybin’s option.

Shortly thereafter, the team announced that it would pick up the $6 million option on closer Francisco Rodriguez. (Had they declined K-Rod’s option, they would’ve owed him a $2 million buyout.)

If, as he has said, his new mission is “making this team leaner, younger, more efficient,” I’m not certain this was the way to do it. Given the money, his track record, and his strong performance last season, I like the decision to retain Rodriguez, even considering the general year-to-year unreliability of reliever performance.

The Maybin decision is more confusing, though. By fWAR, Maybin was the Tigers’ most valuable outfielder last year, and he only played in ninety-four games. (He also was their second-best baserunner.) He missed action due to injury, but not really the kind of injury that should make teams worry. He mostly just kept getting beaned on the hands. That’s just bad luck. He’s only twenty-nine. Over the past two seasons with Atlanta and then Detroit, he finally seemed to be approaching the potential he demonstrated eleven years ago that caused the Tigers to spend the tenth overall draft pick on him in 2005. (He also was the team leader in the Instagram handle category.)

Now he’s gone again, leaving behind holes in center field and the top of the batting order. Jeff Sullivan, writing up this transaction largely from the Angels’ perspective, points a finger to JaCoby Jones as the likely replacement Avila is targeting. Jones showed memorable flashes as a late-season call-up this year, but, like many prospects, he’s still young and raw and inconsistent. The other obvious fill-in is Tyler Collins, who has the relative advantage of being a left-handed hitter but the disadvantage of being at an age and experience level where “raw” is not a baseball adjective that incorporates an element of hope.

All of this happened on offseason day number one. There will be more activity involving the Tigers this offseason, and, typically, it is wise to wait to render final judgment on a particular decision until it can be viewed within the full constellation of the team’s moves. Under austerity, though, there should be little hope for or expectation of near-term improvement through an infusion of external resources; doing better must mean doing better with what you already have. There isn’t going to be a Justin Upton trade this year (which, while we’re at it, probably will be the last year J.D. Martinez wears a Detroit uniform). What stings about the Maybin trade– besides the obvious departure of talent and the intangibles of a fun guy who seemed to be having a lot of fun himself– is that it is a move that will make the team worse in 2017, and the Tigers haven’t made too many moves like that in a good while.