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Baseball Primer Newsblog — The Best News Links from the Baseball Newsstand Tuesday, November 03, 2009L.A. Times: Jamie McCourt seeks to remove Dodgers from divorce hearing
Uh, I don’t know what this means. Tripon
Posted: November 03, 2009 at 01:15 AM | 26 comment(s)
Related News: General, Business, LA Dodgers |
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My view: the Dodgers probably have a place in the lawsuit as currently structured inasmuch as Jamie has asked to be reinstated and the Dodgers, as an entity, probably have a right to be heard regarding the terms of her dismissal. The problem, of course, is that the Dodgers are represented in this instance by Frank's lawyer, and are pretty clearly being used by him to further his own ends in the divorce, not merely to protect the company's position with respect to a termination. For example, a company could and maybe should enter a lawsuit to say "we do not want to be forced to re-hire a terminated employee, please court, protect our rights." It is not proper, however -- at least in my view -- for a company to come in, represented by the husband's divorce lawyer, and say "that former employee is a cheating ho-bag, and she shouldn't have her job back."
In addition to being wholly improper -- when was the last time you saw an employer openly and freely talking about the reasons for an employees' dismissal like this -- it's stupid legal strategy on Frank's part. By causing the Dodgers to enter the fray in the way that he did, Frank is disregarding the Dodgers' corporate form in many ways, which is not a good thing for a whole host of boring reasons.
Craig, I know this will sound silly, but is it possible McCourt is involving the Dodgers as an entity so he can bill all the lawyers fees to the team? The legal fees on this divorce are going to be astronomical and neither of the McCourts seem to like to pay for anything out of their own pocket.
Rich people do not like to pay for things, I've noticed.
It helps them stay rich.
The Dodgers are supposed to be a separate corporate entity (maybe an LLC?). If they are basically treated as the alter ego of Frank McCourt -- doing his personal bidding, paying for his personal crap -- someone at some point is going to say that the Dodgers and Frank McCourt are one and the same legally speaking. When that happenes, McCourt could be held personally liable for the debts and obligations of the Dodgers. It's a state of affairs that most smart businessmen try to avoid.
The verb is, of course, spelled with a "u". And yes, it's sweet -- one wouldn't want one's bombshell leaking, would one?
Me and little J-O-E will be going away
If McCourt is having cash flow troubles, it may be better for him for the Dodgers to owe a bunch of lawyers than for McCourt personally. If he's forced to sell the team, those legal fees will be the new owners' problem and not his.
clearly, there needs to be a Family Law Legal Representation Compensation cap in the next CBA
... but enough about Juan Pierre
/rimshot
Ah. I think there may be two strategic reasons for this, one little, one bigger. Little strategy: Frank wanted to win the news cycle, which had just been snatched by Jamie's big filing the day before. He wasn't yet prepared to drop a true responsive pleading to Jamie's in short order (i.e. one that addressed all of the spousal stuff, asset allocations, etc.), but he still wanted to move quickly, so he had "The Dodgers" file a brief that only addressed the relatively quick and easy to assemble allegations re: her cheating and employment issues.
Bigger issue: he (misguidedly in my mind) thinks that by controlling the Dodgers' legal filings in such an obvious way that it truly shows him as THE OWNER of the team. Like you said, it probably doesn't matter -- the fight is over equity, not actual control -- but maybe that's what he's doing.
A third possibility is that he and his lawyers are morons. It strikes me that the smart move here would be to get the Dodgers separate counsel and have them file relatively bloodless pleadings that speak to the employment situation, defends team officials later when depositions start happening, etc. Sure, that'll all be controlled by Frank on some level too, but it's way more professional than to have his divorce lawyer representing the team.
Either do poor people.
Hey, it's not like the used car salesman running the sport can say much.
In addition, should he lose the team in the divorce, the debt obligations would be out of his hands.
What I'm saying is that regardless of the Dodgers being the filer, he would be doing this. For this and other reasons. So wanting to do this (slough off the costs) is not the reason for the Dodgers being the filer, in my opinion, it's got to be something else. Craig's got a good one for his #1, I would hope that #2 and #3 aren't the case.
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