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.

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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:

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.

Saving Detroit: Yo, a J.D. Martinez trade comp

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Last night, I provided my instant reaction to the trade that sent J.D. Martinez to the Diamondbacks for three modest infield prospects. In that post, I considered what many are calling a “very light” return for the slugging outfielder in the context of another star-for-prospects trade made just days ago between the two Chicago teams involving starting pitcher Jose Quintana and suggested that a lesser return for Martinez was appropriate in light of his contract status (expiring), age, injury history, and inconsistent defense. I further suggested that, with multiple transactions still to be made over the next two weeks, it is too early for a referendum on Detroit’s general manager, Al Avila.

Avila is a first-year GM, but he worked alongside previous Tigers GM Dave Dombrowski for many years and is an experienced and well-regarded talent evaluator, so the job isn’t exactly new to him. Yet, in some Tigers fan circles right now, Avila is being pilloried as an unqualified, incapable rookie, while Dombrowski has never been remembered more fondly.

As I wrote last night, even if this trade becomes a blemish on Avila’s resume (the more thorough analyses of the prospects involved in the trade out this morning paint a more detailed picture but don’t really contradict the experts’ immediate reactions), it’s much too soon to declare him unfit for his current position. In addition to the Quintana trade discussed last night, though, there is another trade we can look to as a rough comparison between Avila and Dombrowski: the 2015 Yoenis Cespedes trade.

With the non-waiver trade deadline rapidly approach, on July 31, 2015 Dombrowski traded Cespedes to the New York Mets for two pitching prospects: Luis Cessa and Michael Fulmer. That trade, along with two previous ones that sent David Price to Toronto (for lefty pitching prospects Daniel Norris, Matt Boyd and Jairo Labourt) and Joakim Soria to Pittsburgh (for JaCoby Jones), surprised some Tigers fans, who were not necessarily soothed when Dombrowski described what looked to some like a sudden selloff as a mere “rebooting.” Not insignificantly, these trades immediately cost Dombrowski his job.

In isolation, the Cespedes trade– from Detroit’s standpoint– looks fairly similar to yesterday’s Martinez trade. Both players were on expiring contracts and thus guaranteed only to be rentals for the receiving teams (and an unusual clause in Cespedes’ contract actually made it less likely that the Mets would be able to sign him as a free agent, though Cespedes waived that provision and did remain in Queens). In the first half of 2015 (the split most readily available to me as a rough approximation of a snapshot at the trade deadline), Cespedes had a 121 wRC+ (45th among qualified hitters) and contributed 3.3 fWAR in 366 plate appearances. In the first half of 2017, Martinez posted a 156 wRC+ (would have been eighth among qualified hitters had he played enough to qualify) and contributed 1.4 fWAR in 215 plate appearances.

Cespedes memorably caught fire at the plate upon moving to New York, but he had been a lesser hitter than Martinez was over the same stretch– both in terms of a direct comparison and relative to his in-season peers– in 2017. Without a more detailed and complex analysis of the different trade markets in the different seasons, it’s difficult to say more about the two players’ relative value in this space.

The return for Cespedes– Cessa and Fulmer– was more lauded both at the time and now, in retrospect, than the return for Martinez. Fulmer immediately was highlighted as a significant prospect, and he turned in a full-season performance the following season that earned him rookie-of-the-year honors and some Cy Young votes, and he was named to his first All-Star team this season. (Cessa never played for the Tigers, who shipped him to the Yankees that offseason as part of a package that returned Justin Wilson, the team’s current closer and valuable trade chip.)

We don’t have two years of hindsight from which to assess the future development of Dawel Lugo, Sergio Alcantara, and Jose King, but, from my review of the assessments of these players by experienced prospect writers, it’s hard to see a Fulmer-caliber player among them. It remains too early to render significant judgments about Avila’s capabilities as a front-office leader, and Lugo, Alcantara, and King may have been the best available return for Martinez on the current market. To the extent Dombrowski’s 2015 Cespedes trade is an adequate comp for Avila’s 2017 Martinez trade, though, it’s not one that– in isolation– reflects especially well on Avila.   Continue reading

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.

Injury Was Inevitable for Noah Syndergaard (via New York)

Baseball is incentivizing an activity that is tearing its young pitchers’ arms apart. Believe it or not, this is almost by design.

About 15 years ago, NFL general managers started to realize that running backs, long one of the celebrity skill positions in the sport, were both injury-prone and replaceable; rather than building an offense around a franchise back, they ran their players into the ground and then discarded them. We haven’t yet seen a cultural shift in the status of starting pitchers in baseball, but one might be just around the corner. Because here’s another factoid to keep in mind about those 12 pitchers who throw harder than anyone else in the documented history of the sport: Most of them haven’t made it to a payday in free agency.

Oh, sure, they made a few years’ salary, often at the Major League Baseball minimum, now $535,000 — obviously not too shabby. But in the context of baseball economics it is mere pennies. The best-paid player in baseball, the Dodgers’ Clayton Kershaw, earns $35.6 million a year, and some believe Bryce Harper, when he becomes a free agent in 2018, could sign a multi-year contract worth $400 million.

In the world of baseball, as in most sports, young talent is always more valuable to the team than old. This is not just because young players’ skills and athleticism haven’t atrophied yet; it’s because they’re cheap. A player doesn’t reach true free agency until he has spent six years in the majors, and earns only the league minimum until his third season, when he reaches “arbitration,” a process of generating small, graduated raises that is infamously management-friendly. A team — and this is key — also has total control over a player for the first six seasons of his career; if you draft a guy or sign him from another country, you own the rights to his services for his first six full seasons. After that, he can, for the first time, at last test the free market for his skills. Which means that any team — but especially those that can’t afford to compete for big-ticket free agents — has an incentive to get whatever value out of its young players it can in those first six years. No matter the long-term consequences.

The result is a system where ball clubs are encouraged — are essentially commanded — to squeeze every last bit of life out of their young pitchers, until their arms are ruined … conveniently, right around the time they’re due to hit the open market. … Read More

(via New York)

Sports Law Roundup – 4/14/2017

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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:

  • Aaron Hernandez: This afternoon, a jury acquitted Aaron Hernandez, who played tight end for the New England Patriots and Florida Gators, of charges that he murdered two people in Boston in 2012. Hernandez already is serving a life term without parole for a 2013 murder. Despite the acquittal on the murder charges, the jury did convict Hernandez on a firearm charge.
  • St. Louis Rams: The City of St. Louis has sued the NFL and all thirty-two of its teams for losses related to the Rams’ departure to Los Angeles in 2016. The suit alleges that the team failed to make a good-faith effort to stay in St. Louis before leaving in violation of league rules. According to a public statement by the city’s mayor, the city spent a substantial amount of public money in the hopes of keeping the team, and it did so in reliance on the expectation that the team would comply with NFL team-relocation rules.
  • Baylor sexual assault: Earlier this year, a former Baylor student sued the university because, she alleged, she was the victim of a group rape committed by two football players in 2013 that the school ignored. She also alleged that football players were responsible for numerous other crimes “involving violent physical assault, armed robbery, burglary, drugs, guns, and, notably, the most widespread culture of sexual violence and abuse of women ever reported in a collegiate athletic program.” She further claimed that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. Now, the judge overseeing the case has largely denied the defendants’ motion to dismiss, narrowing the plaintiff’s emotional distress claim but otherwise allowing her case to proceed, calling the allegations “disturbing.”
  • Volleyball sponsorship: Kerri Walsh Jennings, who won three Olympic gold medals for the United States beach volleyball team, is suing the Association of Volleyball Professionals for breach of a sponsorship contract. Walsh Jennings alleges that AVP still owes her $150,000 on a $450,000 agreement despite her compliance with all of the contract’s terms. Part of the backdrop of this dispute may be another dispute between Walsh Jennings and AVP over whether she will play in AVP’s 2017 professional tournament.
  • NFL memorabilia: What purports to be new evidence in two 2014 lawsuits against Eli Manning, Steiner Sports (a memorabilia company with which Manning has a formal relationship), the Giants, and a team equipment manager alleging that the defendants worked together to sell collectors “game-worn” items that were not, in fact, game-worn emerged this week in the form of an email exchange between Manning and the equipment manager. In it, Manning requests “2 helmets that can pass as game used,” and the manager responded that he “should be able to get them for tomorrow.” The collectors who filed the lawsuits contend that this exchange proves that Manning knowingly provided Steiner with “fraudulent” items to sell to fans. The team now says the email exchange was taken out of context, and that its release now constitutes an attempt to defame Manning.

Sports court is in recess.

Sports Law Roundup – 2/3/2017

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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 to attend a fancy law conference, we’re back with the top sports-related legal stories from the past week or so:

  • Baylor sexual assault: The scope of the sexual assault scandal at Baylor University continues to expand. Last week, a former Baylor student sued the university because, she alleged, she was the victim of a group rape committed by two football players in 2013 that the school ignored. The plaintiff also alleged that football players were responsible for numerous other crimes “involving violent physical assault, armed robbery, burglary, drugs, guns, and, notably, the most widespread culture of sexual violence and abuse of women ever reported in a collegiate athletic program.” She further claims that, between 2011 and 2014, thirty-one Baylor football players committed a total of fifty-two rapes, including five gang rapes. The complaint makes out claims under Title IX and common-law negligence theories. One significant hurdle for the plaintiff is that both types of claims are subject to two-year statutes of limitations. Since her alleged rape occurred in 2013, the university is likely to seek a dismissal on that basis.
  • College football defamation: In more Baylor football news, former head coach Art Briles now has dropped the defamation lawsuit he filed just two months ago against three Baylor regents and the university’s senior vice president and CEO for their statements that Briles was aware of sex crimes reportedly committed by his players and failed to provide that information to proper authorities, among other claims. As of this writing, no one has made an official comment on Briles’ behalf explaining the dismissal, but it appears to be connected to documents some of the same defendants in the Briles case filed in a new defamation case brought this week by former Baylor football director of operations Colin Shillinglaw. Those documents supposedly demonstrate Briles’ awareness of and attempts to cover up his players’ wrongdoing. If you’re the TMZ type, you can read more about the contents of the alleged Briles communications here.
  • Wrestling ban: Iran has announced that it will not allow the American wrestling team to compete in the 2017 Freestyle World Cup, which the Iranian city of Kermanshah is hosting this month. The ban comes as a form of retaliation for President Donald Trump’s January 27 executive order temporarily blocking people from entering the United States from Iran and six other majority-Muslim countries.
  • Football head injuries: A state court judge in New York denied the NFL’s motion to dismiss a wrongful-death lawsuit brought by the son of deceased player Arthur DeCarlo Sr., who, his son alleges, died as a result of CTE he contracted from head injuries sustained while playing football. This is the only CTE case against the NFL that is outside of the federal multidistrict settlement based in a Pennsylvania federal court. Addressing a statute-of-limitations issue, the New York judge likened the case to asbestos claims by describing CTE as a latent condition, the manifestation of which is not discoverable until the completion of a posthumous autopsy. Meanwhile, on Monday, a group of former college football players filed suit against helmet manufacturer Riddell seeking class-action status and alleging that Riddell made false claims about its helmet’s ability to protect against concussions. This is the fifth active concussion-related lawsuit pending against Riddell.
  • Cheerleader wages: A former San Francisco 49ers cheerleader filed a complaint against the NFL and the twenty-six NFL teams that have cheerleaders, alleging that they conspired to suppress cheerleader wages (which are between $1,000 and $1,500 per year, according to the complaint) below market value. The unnamed plaintiff is seeking to represent a class of all NFL cheerleaders employed in the past four years.
  • Child abuse: 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. PSU’s former president, senior vice president, and athletic director were successful in quashing charges of failing to report child sexual abuse, but their trials on the remaining charge will go forward next month.
  • Student-athlete rights: The general counsel of the National Labor Relations Board issued an official memorandum stating that football players at Division I FBS schools “are employees under the [National Labor Relations Act], with the rights and protections of that act.” The precise legal consequences of this memorandum are unclear, at least to this writer, but the practical consequences likely will include an increase in unionization attempts and unfair labor practice filings among student-athletes at the covered schools. The memorandum already has generated critical comments from some members of Congress who believe it would have “devastating consequences for students and academic institutions[,] puts the interests of union leaders over America’s students, and . . . has the potential to create significant confusion at college campuses across the nation.”
  • Baseball hacking: As punishment for their hacking of the Houston Astros’ database, MLB fined the St. Louis Cardinals $2 million and forced them to forfeit two 2017 draft picks (the fifty-sixth and seventy-fifth overall picks) to the Astros. In addition, the league banned the currently jailed St. Louis employee who hacked the Houston system multiple times from future MLB employment. Most commentators and team officials regard the sanction as a light one.
  • Daily Fantasy Sports: The European island nation of Malta has granted daily fantasy sports website DraftKings a license to operate in that country, and that license may allow the site to operate in other European jurisdictions that recognize the Maltese license as well.
  • Live game streaming: MSG has entered into an agreement with the NHL to broadcast the four New York and New Jersey hockey teams (Sabres, Rangers, Islanders, and Devils) on the network’s live streaming service, MSG GO, which is available for free to MSG subscribers. Meanwhile, another New-York-area network, SNY, will begin streaming Mets games on its own website and the NBC Sports app. (NBC previously reached a streaming agreement with MLB Advanced Media for in-market access to Cubs, White Sox, Phillies, Athletics, and Giants games starting this year.)

Sports court is in recess.

Sports Law Roundup – 1/13/2017

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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:

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

Sports court is in recess.

New Year Jam

A lot of people thought 2016 was, mostly in an admittedly abstract or indirect way, a bad year. Most agree that 2017 will be another year. Before we get there, though, we must make it through today and tomorrow. In the course of doing so, many inevitably will turn their (hopefully not too lonely) eyes to the former home of Joe DiMaggio on Saturday night. This is a Jam: