Today in ALDLAND History: Two football coaches reveal the sports industry’s inner workings; the NFL media probes regional stereotypes; and a blockbuster MLB free-agent signing

Now that ALDLAND has been up and running for more than a decade, we’ve amassed a meaty body of sports stories, data, and observations we can mine for memories and reengagement.

And speaking of meaty bodies, eleven years ago today, we brought you the stories of Steve Spurrier, then coaching at South Carolina, who volunteered that he did not want to hire “fat, sloppy guys” as assistant coaches, among other preferences, and Todd Haley, who believed the Kansas City Chiefs still were tapping his cell phone a month after he’d been fired from the head coaching job there. Read more in The sports profession: Where not everybody’s working for the weekend.

Spurrier spent four more seasons in Columbia before resigning in the middle of the 2015 season. His next head-coaching job came in 2019 with the Alliance of American Football’s Orlando Apollos.

Haley next worked as an offensive coordinator for the Pittsburgh Steelers, Cleveland Browns, and Riverview (Sarasota) High School before returning as a head coach for the USFL’s Tampa Bay Bandits and Memphis Showboats.

Continuing the football time traveling, ten years ago today, we already knew the matchups for the NFL playoff conference championships, and the coverage of the NFC’s pairing of Atlanta and San Francisco was anything but imaginative. Read more in Stereotyping the NFC Championship Game.

The Falcons would fall to the 49ers, helping set up the Harbowl.

From postseason to offseason, eight years ago today we brought you the breaking story of Max Scherzer’s departure from the Detroit Tigers and signing with the Washington Nationals for $210 million over seven years. Read more in Mr. Scherzer goes to Washington.

During those seven seasons in Washington, Scherzer was a six-time All-Star, a two-time Cy-Young winner, and a World-Series champion. I, on the other hand, did not win any awards during those seven years for my conclusion at the time of Scherzer’s Nationals deal that “it wouldn’t be prudent to commit the amount of money he’s due to another long-term contract for another player on the old side of thirty.”

Thanks for re-reading.

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The Big O and the Merry Prankster

Oscar Robertson is an NBA champion, MVP, and twelve-time All-Star, and he was the first NBA player to average a triple-double over the course of a season. In college, he averaged 33.8 points per game for the Cincinnati Bearcats, and he left school as the all-time leading scorer in NCAA history.

The 1957-58 season was Robertson’s sophomore year at Cincinnati and the first in which he saw playing time for the Bearcats. Robertson immediately made his presence felt, to the tune of 35.1 points and 15.2 rebounds in 38.8 minutes per game, helping Cincinnati to a 25-3 record and a Missouri Valley Conference championship.

Meanwhile, up the road in Oxford, Miami University was on a run of its own. Behind future NBA player Wayne Embry, the RedHawks finished a respectable 18-9, but notably went 12-0 in MAC play, the last team to accomplish that feat and only the second-ever team to complete an undefeated conference schedule (the 1949-50 Cincinnati team was 10-0 in the MAC before leaving the conference). One of Miami’s reserves was Ken Babbs. Listed at 6’3″, the Mentor, Ohio native contributed eleven points and four rebounds in the ten games in which he appeared for the RedHawks that season.

On January 30, 1958, the RedHawks traveled to Cincinnati for a matchup with Robertson’s heavily favored Bearcats. A box score is not readily available, but Babbs recounted his memories of the game in a live interview streamed last night. According to him, Miami coach Richard Shrider, who was in his first season with the RedHawks, thought his team had no chance against Cincinnati and told his players as much, which rubbed the competitor in Babbs the wrong way. Miami planned a box-and-one defense against the Bearcats, with Babbs drawing the assignment of the “one” to mark Robertson. Determined to put up a fight, he said he planned to guard Roberston aggressively, “like stink on shit.” Then laughing, Babbs confessed: “I fouled out in two minutes.” Cincinnati won by twenty.

Both teams reached the NCAA tournament that spring. With their first-round win over Pitt, Miami became the first MAC team to win a tournament game. The Bearcats did not win any tournament games that year, but they made deep runs in Robertson’s two remaining seasons there, finishing third overall both times.

Robertson, of course, went on to professional basketball fame. Babbs, meanwhile, found fame of a different sort. That fall, after graduating from Miami, he pursued graduate studies in creative writing at Stanford. There, he befriended fellow student Ken Kesey, with whom Babbs and others soon would form the Merry Pranksters, whose culturally influential escapades with sound, film, and LSD were in part memorialized in Tom Wolfe’s memorable book, The Electric Kool-Aid Acid Test and would help propel the career of the Grateful Dead.

You can watch Babbs discuss his 1958 on-court encounter with Robertson and a later, off-court reunion here. A film of a Grateful Dead benefit concert supporting a Kesey-family creamery the Pranksters helped produce is available for a limited time below.

Righteous indignation: The worst called ball of the 2020 MLB season?

Before he went to work for the Tampa Bay Rays, Jeff Sullivan was a prolific writer and visual analyst for FanGraphs. One of his regular features there documented in meticulous detail the worst umpire calls on balls and strikes in a recently completed MLB season. (Here, for example, is his treatment of the worst called ball of 2018.)

I thought of Sullivan last night while catching up on the Detroit Tigers’ 17-13, extra-innings win in Pittsburgh. I was trying to figure out why Pirates manager Derek Shelton (a $50 credit at the ALDLAND store to anyone outside Pennsylvania who convinces me he or she knew the name of the Pirates’ manager before yesterday) was out of the game and former Tigers folk hero Don Kelly was at the helm opposite his old team.

Bless You Boys on Twitter: "Beat me to the meme RT @blessyouboys ...

I discovered that home-plate umpire Ramon De Jesus had ejected Shelton for arguing balls and strikes. Yawn. During a pitching change, though, I decided to kill time by watching the clip of the ejection, after which I was wide awake. Could it be that just (depending on how you count) eleven games into this miniature baseball season we already have seen the worst called ball of 2020?  Continue reading

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.

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Previously
Catching Fire: Pelf on the shelf

Sports Law Roundup – 7/14/2017

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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:

  • Hou-Hugh Feud: Houston Nutt, which is a real human man’s name, is the former head football coach at Ole Miss. He has sued that school and its athletic department because, he alleges, school representatives’ public statements linking an ongoing NCAA investigation of the university’s football program to Nutt violated a term of the 2011 severance agreement between Nutt and Ole Miss precluding the university from, in the complaint’s words, “making any statement whatsoever relative to Coach Nutt’s tenure as an employee of Ole Miss that might damage or harm his reputation as a football coach. Ole Miss was contractually prohibited from making any statement whatsoever, truthful or not, that may damage or harm Coach Nutt’s reputation.” The complaint highlights, in substantial detail, statements to reporters by Ole Miss Athletic Director Ross Bjork, Sports Information Director Kyle Campbell, and current head football coach Hugh Freeze, whose scheduled appearance at SEC Media Days was twenty-four hours after Nutt filed his lawsuit. Freeze did not directly address the allegations that day, saying only that he was not happy with the “ironic” timing of the filing of the suit and that he hadn’t seen Nutt in years. Freeze also read a prepared no-comment statement during his turn at the podium, thereafter referring to the NCAA investigation– and, indirectly, the lawsuit– as “the lot that we’ve inherited or caused in some cases,” a statement Nutt likely will cite as Freeze’s unrepentant casting of blame on Nutt.
  • Cheerleader wages: In May, the Milwaukee Bucks and Lauren Herington, a former cheerleader for the team who alleged that the team violated federal and state labor laws by underpaying her and her fellow cheerleaders, reached a $250,000 settlement of Herington’s proposed class action lawsuit that provided for the settlement funds to be divided as follows: $10,000 for Herington; $115,000 for Herington’s attorneys; and unspecified shares of the remaining $125,000 to Herington and other would-be class members who opt into the settlement based on their hours worked during the three-year period (2012-15) at issue. Now, the judge overseeing the case conditionally certified it as a collective action for settlement purposes but refused to approve the settlement agreement itself, explaining that he currently lacks sufficient information to determine “whether the settlement ‘is a fair and reasonable resolution’ of” the dispute. Prior reports indicated that the $250,000 settlement amount was significantly less than what some other teams paid to resolve similar lawsuits.
  • Daily Fantasy Sports: Last month, the inevitable merger between DraftKings and FanDuel announced last November hit a probably inevitable regulatory hurdle when the Federal Trade Commission filed a lawsuit in an attempt to block the merger, and a judge granted the FTC a temporary restraining order that halted the merger. In an email to users sent yesterday, DraftKings announced that it has “formally terminated our merger with FanDuel and will withdraw litigation from [sic?]” the FTC.
  • Baseball DUI: This spring, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was Kang’s first, but it arose out of his third DUI arrest in his native country. As a result, Kang had trouble securing a visa to reenter the U.S., which caused him to miss all of spring training, and, now, the entire first half of the current MLB season. This week, Pirates GM Neal Huntington said that one could “pretty much eliminate the thought” that Kang would play for Pittsburgh in 2017, and that the team has turned its “optimistic” eyes toward a 2018 return.
  • Umpire discrimination: Last week, Angel Hernandez, a longtime MLB umpire who is of Cuban descent, sued the league on claims arising out of general allegations of racial discrimination against minority umpires in promotions to crew chief status and in World Series assignments, among other claims. This week, FanGraphs identified Hernandez as the umpire responsible for the worst called strike of the first half of the 2017 season.

Sports court is in recess.

A lesson in comparative hockey violence for Predators fans

After tying the Stanley Cup Final series at two games each on the backs of two emotional, dominant wins at home in the first NHL championship-series games ever played in Nashville, the Predators returned to Pittsburgh hoping to convert their momentum into their first lead in this series. Instead, they fell flat. The Penguins scored three goals in the first period, and three more in the second on their way to a 6-0 shutout victory.

It was a very disappointing night for Predators fans, who reportedly had more people in attendance in Nashville’s Bridgestone Arena to watch the away game on big screens than the number of people who were in the seats at the actual game in Pittsburgh. They certainly were upset with the result of the game, as well as with the way in which the Penguins– Sidney Crosby in particular– played it.

Crosby has been sparring with Nashville’s P.K. Subban throughout this series, but their clashes mostly have played out in the media and off-ice press conferences. Last night, however, things became decidedly physical, peaking with this moment:

Hockey is a contact sport, obviously, and the issue of fighting in hockey is a broader conversation for another day. I think most agree, though, that there is not a place in the game for Crosby’s behavior captured above.

Understandably, Predators fans are incensed and are calling for Crosby to be suspended for his actions. (Crosby also threw a water bottle on the ice in apparent response to what he thought was a missed penalty call against the visitors.) If the league decides to go in that direction, I would not have any objection.

I would remind the Predators fans that their team does not exactly have a clean record in this department, however. Five years ago, hosting their then-division rival Detroit Red Wings in the early rounds of the playoffs, Nashville ended a game-one win in ugly and embarrassing fashion. That night, it was Shea Weber who brutally bashed Hendrik Zetterberg’s face into the boards as time expired:

(In a bit of hockey irony, the Predators later would trade Weber for Subban, the victim of last night’s skull dribbling.)

I know from first-hand experience that Nashville hockey fans are good hockey fans who know the game. They’re justified in directing their anger toward Crosby (welcome to the club!), and I do want them to win the Cup because of what it would mean for the sport; a city I love; and all of my friends there, whether they’ve been on the hockey train or are jumping on now (again, welcome to the club!). All teams have had their dark moments, though, and hockey memories run deep. On the other hand, does it seem like Crosby’s Pens have more such moments than, say, Subban’s Preds? You bet.

Go Perds.

Sports Law Roundup – 3/31/2017

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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:

  • Penn State child abuse: The criminal trial of former Penn State University President Graham Spanier, who was charged in connection with the Jerry Sandusky sexual assault scandal inside the university’s football program, concluded with a jury verdict convicting Spanier of a single misdemeanor count of child endangerment. The jury, which deliberated for two days, declined to convict on the conspiracy charge. Spanier’s attorney immediately indicated an intent to appeal the verdict. Albert Lord, a PSU trustee, responded to the news of Spanier’s conviction by writing that he is “running out of sympathy” for Sandusky’s “so-called” victims.
  • Baseball fan injuries: The Cleveland Indians prevailed in a lawsuit filed by a fan struck in the face by a foul ball. The Ohio court adhered to the “Baseball Rule,” which holds that people who choose to attend baseball games assume the risk that they will be struck by flying bats and balls and therefore cannot sue teams when they are injured in such an incident. The plaintiff argued that his case presented distinguishing factual circumstances: he alleged that stadium ushers ordered him to leave his seat during play in the bottom of the ninth inning in advance of a fireworks show, such that his back was to the field when the batter hit the ball that eventually hit him in the face when he turned back to look at the field. Conflicting evidence on the timing and nature of the ushers’ instructions seems to have damaged the fan’s case, however.
  • Hockey labor agreement: The U.S. women’s national hockey team and governing body USA Hockey agreed to a confidential four-year labor deal centering around player compensation and support programming. The agreement negates the need for a planned player boycott of the International Ice Hockey Federation World Championship, which begins today. A predominantly female team of attorneys from Ballard Spahr represented the players on a pro bono basis. In disappointing related news coming just one day after the new agreement, however, the University of North Dakota announced that it is cancelling its women’s hockey program, which has been an important feeder to the national team.
  • Hockey head injuries: Pretrial disputes over document discovery continue in the head-injury lawsuit between the NHL and a group of former players. Previously, those disputes focused on research documents from Boston University’s CTE Center. Now, however, the court has dealt a victory to the players by publicly releasing certain internal NHL communications and other documents. An early review of the now-public documents already has revealed one seemingly damning email from a team doctor lamenting “situational ethics” in the context of concussion management: “We all sit around and talk and talk about concussion management. Then it’s the playoffs, someone suffers an obvious loss of consciousness and is back playing in less than 48 hours. . . . We must be [the player’s] advocate regardless of what the coach or general manager thinks.” Another email, from NHL Commissioner Gary Bettman, expressed disappointment with a former referee’s public criticism of the league’s hard-hit discipline policy, writing, upon being informed that the former official still was receiving severance pay from the NHL, writing that “maybe he should understand it’s not nice to bite the hand that feeds you. Please have someone check to see if there are any grounds to withhold. Don’t want to hurt him – maybe just get his attention.” Other communications evidence what appears to be the NHL’s willful refusal to acknowledge or examine the issue of concussions in sports.
  • Baseball DUI: Earlier this month, a South Korean court sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence was Kang’s first, despite two prior DUI arrests in his native country. It’s possible Kang serves no prison time, though, because the court conditionally suspended the sentence for two years, and he’ll avoid a lockup if he complies with the court’s terms. Initially, observers believed Kang would be able to return to the United States to rejoin his team for the 2017 season. He has missed all of spring training, however, and it appears he is having difficulty securing a visa to reenter the U.S., placing his season with the Pirates in jeopardy for the moment.
  • Student athletes: A federal judge has rejected a proposed class-action lawsuit filed by two former University of North Carolina student athletes against the school, which alleged that UNC pushed them into a “shadow curriculum” of “bogus courses,” which led to “a systemic failure to properly educate college athletes,” because, the judge explained, the court did not have jurisdiction over the case. In general, there are two ways a plaintiff may invoke the jurisdiction of a federal court: 1) allege a claim raising a question of federal law or 2) sue a “diverse” party (i.e., a defendant who is a resident of a state other than the one in which the plaintiff resides) on claims for which at least $75,000 is at stake. Here, the plaintiffs’ claims raised state-law questions, so the first jurisdictional path was unavailable. As for the second, while the plaintiffs are not citizens of North Carolina, theoretically setting up a “diversity” situation with UNC, the judge determined that the university is a component of the North Carolina government and thus not a citizen of any state for purposes of the federal jurisdictional analysis. The judge dismissed the case without prejudice, meaning that the plaintiffs should be able to refile in state court, although it now appears they likely will face sovereign-immunity challenges should they proceed down that route.

Sports court is in recess.

Sports Law Roundup – 3/3/2017

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:

  • Football head injuries: Two former Purdue football players have sued the NCAA and the Big Ten Conference, seeking class-action treatment for their claims that those defendants failed to disclose information about head-trauma risks and provide the university with concussion-management policies. Both named plaintiffs allege that they currently suffer from depression, memory loss, and headaches as a result of concussions experienced while playing football in college.
  • Professional athlete Ponzi scheme: Last year, 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. On Wednesday, a court sentenced the banker and Allen each to six years in prison for their roles in the criminal scheme.
  • Baseball DUI: A South Korean court has sentenced Pittsburgh Pirates infielder Jung Ho Kang to eight months in prison after the player admitted guilt on a DUI charge. The prison sentence is Kang’s first, despite two prior DUI arrests in his native country. It’s possible Kang serves no prison time, though, because the court conditionally suspended the sentence for two years, and he’ll avoid a lockup if he complies with the court’s terms.
  • Rams fans: Last year, St. Louis-area holders of Rams personal seat licenses suing the team after its move to Los Angeles requested class-action status for their case. Having consolidated various of these cases, the judge now has ordered the parties to mediation.
  • Penn State child abuse: Earlier this year, a court ruled that three former Penn State University administrators will face criminal child endangerment charges stemming from the Jerry Sandusky sexual assault scandal inside the university’s football program. Last month, the three defendants asked for an immediate appeal of the ruling that they must face trial, which remains scheduled for next month. Now, the court has denied those appeal petitions, clearing the way for the trial to begin as scheduled on March 20. (Last week, the judge granted the prosecutor’s request to add a conspiracy charge to the list of criminal counts pending against the defendants.)

Sports court is in recess.

Red Wings’ season, playoff chances coming down to the wire

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It’s easy to second-guess coaching decisions after the fact, begins many post-loss sports articles, but it was immediately clear that the Detroit Red Wings, and their recently redeemed goalie, Jimmy Howard, were not 100% last night in Boston. The direct evidence? Surrendering two goals on four Bruin shots in the first 2:44 of the game. The circumstantial evidence? A hard-fought win the night before in a game that did not start until after 8:00, delaying the team’s arrival at its Boston hotel until 2:45 yesterday morning. Howard looked sluggish, and his teammates weren’t able to bail him out. Their backs against the wall, Boston hardly let up, eventually claiming a 5-2 win.

The Howard redemption story is a nice and good one, and, if the Red Wings are able to clinch a twenty-fifth-consecutive playoff berth, there’s little reason to believe it can’t continue into the postseason, but hockey, as much as any sport, is a sucker for narratives like these, and they can color strategic decisions. Continue reading

Window Shopping: Step Back From the Window, or, Thank You Very Much, Mr. Rebooto

The July 31 non-waiver trade deadline was an especially active period for the Detroit Tigers franchise, which made big moves both with player and front-office personnel.

Detroit traded three of the best players on its 2015 roster in the days and minutes prior to the trade deadline. The team’s biggest move, and arguably the biggest of one of the most active trade-deadline periods ever, was their decision to trade number-one starter David Price to the Toronto Blue Jays. They also sent closer Joakim Soria to Pittsburgh, and, in the final moments before the deadline, Yoenis Cespedes to the Mets.

The basic logic behind each of these moves is that, even prior to these trades, each of these players was, for all practical purposes, not going to be a member of the Detroit Tigers in 2016. That’s because each is in the final year of his current contract, meaning that each becomes a free agent at the end of this season. The Tigers would have no special ability to keep Price, Cespedes, or Soria in Detroit after the end of the 2015 season, and, given their individual successes, each is likely to fetch contract offers on the free market too rich even for Mike Ilitch’s blood. Rather than keep Price, Cespedes, and Soria for August and September on a team that’s unlikely to even make the playoffs, only to watch them walk away in the winter, the Tigers, with an eye on the post-2015 future, decided to cash in some of the value of these assets by trading them now. In doing so, Detroit converted these three expiring assets into six prospects, including five pitchers and one infielder.

Baseball analysts widely praised these transactions as beneficial to the Tigers, who, general manager Dave Dombrowski announced were “rebooting,” selling with the goal of remaining competitive in the near term, rather than undergoing a full rebuilding. The top return for Detroit was Daniel Norris, a now-former Blue Jay who lives in a van and shaves his beard with an ax. They also received Matt Boyd from Toronto, a younger starter who, in his recent Tigers’ debut, beat Johnny Cueto and the Royals.

Of course, the only real question for Detroit was not whom to trade but whether to trade. As July 31 approached, that question divided fans and, it later would be revealed, members of the team’s front office and ownership. As for the former group, most fans recognized the Tigers’ slim playoff odds and supported selling, although a minority that included this writer held out hope that the team could make one more postseason push before initiating a rebuild. Ultimately, Dombrowski’s “rebooting” seemed to satisfy both camps: Detroit would get close-to-ready prospects in exchange for their expiring assets. No long rebuilding process– a full surrender– was in store, just a quick retooling.

Two additional notes in the context of these trades: 1) one week before the trade deadline, Toronto, the biggest buyers, and Detroit, the biggest sellers, sat four and five games out of the last American League wild card position, respectively, and 2) while it isn’t at all likely that Price, Soria, or Cespedes will return to Detroit in the offseason, the effect of an unusual clause in Cespedes’ contract is that the Tigers actually increased whatever chance they have of resigning Cespedes by trading him.

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As the Tigers and their fans were settling into life without Price, Soria, and Cespedes, and enjoying their first trial run with Norris, who had a strong start on Sunday in Baltimore, unbeknownst to them, even more action was afoot behind the scenes.    Continue reading