Wednesday, February 19, 2014
While major-league baseball players earn millions of dollars and club owners share billions in revenues, minor-leaguers are paid $3,000 to $7,500 per season and train for weeks without pay, in violation of minimum wage and labor laws, their attorneys charge in a lawsuit. The suit filed against Major League Baseball and three teams, including the San Francisco Giants, said baseball executives and club owners “have preyed upon minor leaguers, who are powerless to combat the collusive power of the MLB cartel.”
No apparent shortage of labor, though.
The Yankee Clapper
Posted: February 19, 2014 at 05:53 PM | 21 comment(s)
baseball is awash in money
Tuesday, February 18, 2014
“The game has changed,” said E. Michael Moran, who is expected to argue for the plaintiffs today. “The safety rules should change along with that.”
In the case before the court, a child identified in court papers only as M.F. was seated with her family a few rows behind the visitors’ dugout at Turner Field. A line drive foul ball hit by then-Brave Melky Cabrera flew into the stands and smashed into M.F.‘s forehead. M.F.‘s family claims that the blow fractured M.F.‘s skull in 30 places and caused a severe traumatic brain injury. (Last year, the plaintiffs note, Cabrera was suspended for 50 games by Major League Baseball for steroid use.)
Tuesday, January 14, 2014
A motion filed Monday on behalf of Clark seeks dismissal of the defamation lawsuit filed by Pujols in October. The suit followed comments Clark made on his St. Louis radio show, “The King and the Ripper Show,” in August. Among other things, Clark said he knew “for a fact” that Pujols was “a juicer.”
. . .
Clark and his WGNU-AM show co-host Kevin Slaten were fired within days of the comments, and the station’s owner broadcast a lengthy apology and posted similarly contrite statements on its website. The lawsuit names Clark but does not name the radio station or Slaten.
Clark’s attorney, Albert Watkins, said Clark’s on-air comments were too vague to cause real harm to Pujols.
“You call someone a juicer, in fact, there are multiple definitions of `juicer,” Watkins said. “It could mean illegal performance enhancing drugs, legal performance enhancing drugs.
“Simply saying that my client asserted that Mr. Pujols was a `juicer,’ under the law that governs defamation actions, is not enough,” Watkins said.
I’d let the jury decide if they were talking about the Florida Sunshine Treat.
Friday, November 01, 2013
Baseball, apple pie & oh, my eye!
If it had been a foul ball or broken bat that struck John Coomer in the eye as he watched a Kansas City Royals game, the courts likely wouldn’t force the team to pay for his surgeries and suffering. But because it was a hot dog thrown by the team mascot - behind the back, no less - he just may have a case. The Missouri Supreme Court is weighing whether the “baseball rule” - a legal standard that protects teams from being sued over fan injuries caused by events on the field, court or rink - should also apply to injuries caused by mascots or the other personnel that teams employ to engage fans.
. . .
The Jackson County jurors who first heard the case two years ago sided with the Royals, saying Coomer was completely at fault for his injury because he wasn’t aware of what was going on around him. An appeals court overturned that decision in January, however, ruling that while being struck by a baseball is an inherent risk fans assume at games, being hit with a hot dog isn’t. The state Supreme Court heard oral arguments in September, but didn’t indicate when it might issue its ruling.
Saturday, October 05, 2013
Who cares about post-season baseball? MLB is engaging in exciting legal action this October!
Judge Whyte began the proceedings with questions about the existence and scope of baseball’s antitrust exemption. It was clear from his questions that the judge had read the motion papers and the case law in detail. He was prepared with pointed questions for both sides.
Joe Cotchett, who represents the City, addressed the court first. Cotchett argued that the U.S. Supreme Court and lower courts have narrowed the exemption significantly, and that it now covers only the “business of baseball.” Cotchett then argued that the “business of baseball” is limited to “the play on the field” and does not include matters relating to team location and relocation.
John Keker argued for MLB. He told the court that the exemption was alive and well and that the “business of baseball” includes — at a minimum — league structure and organization, franchise location, broadcast agreements, and revenue sharing….
If I were a betting woman — and I am not — I would wager that Judge Whyte will dismiss the federal antitrust claims, either based on lack of standing or the antitrust exemption, or both. I’m less sure where his thinking is on the state law claims — both on the question of his jurisdiction to decide them if he dismisses the federal claims and on the merits of the claims. It is unusual for a court to dismiss a case outright on a motion to dismiss, without providing the plaintiff an opportunity to re-state its claims in light of the court’s decision. Unusual, but not unheard of.
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