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Thursday, March 05, 2015

Patriots, Giants, Rays sign amicus brief in support of same-sex marriage

The New England Patriots, San Francisco Giants and Tampa Bay Rays have all signed onto an amicus brief urging the United States Supreme Court to legalize same-sex marriage across the country, according to the Huffington Post. They are among almost 400 companies - many of which are some of the biggest corporations in the country - to support the brief. The Supreme Court will hear a case on gay marriage on April 28 and is expected to make a determination by June.

All of these teams have strong histories on LGBT issues. The Patriots’ owner, Bob Kraft, supported LGBT rights years ago and the Patriots appeared at an LGBT fundraiser years before it was en vogue. The Giants were the first team to produce an It Gets Better video in 2011, sparking a string of other MLB teams to follow suit. That list included the Rays.

 


Tuesday, February 24, 2015

California lawmaker wants to ban chewing tobacco for MLB players

Chewing tobacco is plentiful all over the league, with many players carrying a canister in their back pocket or dipping into a bag in the dugout. Having to stop that for California games? That would take some getting used to. Here’s the explanation of the bill, via Reuters:

The bill targets baseball’s ubiquitous habit less than a year after retired San Diego Padres outfielder Tony Gwynn died of cancer of the salivary glands, believed related to chewing tobacco or “dipping” it by lodging it between the lip and the gum.

Tony Gwynn was somebody I thought was a spokesman for baseball, a great role model as a person,” said Assembly member Tony Thurmond, a Democrat who represents Richmond and other suburbs east of San Francisco and the bill’s author.

“I’m hopeful that this bill will lend to his legacy, that it will help to prevent illness for young people and young athletes.”
Smoking is already banned in Major League Baseball, and the minor leagues have prohibited dipping and chewing, although some say the minor league rules are not strictly enforced. Major League Baseball strongly discourages the use of smokeless tobacco, but has not banned it.

RoyalsRetro (AG#1F) Posted: February 24, 2015 at 09:24 PM | 48 comment(s)
  Beats: california, legal, legislation, tobacco, tony gwynn

Friday, February 20, 2015

Washington Post - Jayson Werth on jail time: ‘It’s not a destination you would choose’

“Where I was wasn’t the same kind of thing you may have seen on TV or the movies,” Werth said. “That goes for the guys that were in there. The inmates were very supportive. The guards were very supportive. Nats Nation holds no bounds. It’s grown a lot since I got here, I’ll say that. It wasn’t so bad I’m like a different person. It was just an experience you went through. You get over it. You get through it.”

Steve Parris, Je t'aime Posted: February 20, 2015 at 01:36 PM | 24 comment(s)
  Beats: jayson werth, legal, nationals

Saturday, February 14, 2015

ESPN: Fate Of Ernie Banks’ Remains Disputed

Not as bad as Ted Williams’ fate. Yet.

Ernie Banks, the beloved Cubs great who once said he wanted to have his ashes scattered at Wrigley Field, is at the center of a battle over his remains, as his estranged wife has gone to court to prevent a longtime friend of “Mr. Cub” from having his remains cremated. .  .  . According to court records, Elizabeth Banks filed a petition to prevent a woman who describes herself in the documents as a longtime friend of Ernie Banks, his caretaker and the executor of his estate from having him cremated. The woman, Regina Rice, asserted her rights to dispose of Ernie Banks’ remains after his death last month at the age of 83, according to documents filed Feb. 2 by Elizabeth Banks’ attorneys. “Petitioner (Elizabeth Banks) is without recourse and shall suffer irreparable damage should Regina’s desires to cremate the remains of the decedent be granted,” she wrote.
.  .  .
The documents are included in what is a larger dispute over control of the Banks estate. Included in the file are documents in which Rice claims Ernie Banks was attempting to end his marriage to Elizabeth Banks, his fourth wife. The documents include a petition for divorce, signed by Ernie Banks, in which the Hall of Famer seeks to end his marriage because “irreconcilable differences have caused irretrievable breakdown of the marriage” and that Elizabeth Banks had “committed extreme and repeated acts of mental cruelty upon petitioner (Ernie Banks).”

A document titled “Last Will and Testament” and signed by Ernie Banks on Oct. 17 of last year says he was “in the process of finalizing divorce” from his wife and that he had appointed Rice as the executor of his will. Nowhere does Banks discuss what he wants done with his remains. The dispute appears to be far from over. The attorney for Elizabeth Banks at one point argues against the validity of the will, saying only that it was “allegedly signed” by Ernie Banks.

At least no one is contending Ernie wanted to be buried on a rooftop overlooking Wrigley Field.

The Yankee Clapper Posted: February 14, 2015 at 12:37 AM | 2 comment(s)
  Beats: chicago cubs, death, ernie banks, fights, final call, lawsuits, legal, rip, wrigley field

Tuesday, February 10, 2015

Washington Post: Appeal To Reverse Antitrust Rule Is A Desperate Swing For The Fences

A look at San Jose’s appeal to the Supreme Court, touching on the history of MLB’s anti-trust exemption, as well as the baseball background of some of the current Justices:

Justice Sonia Sotomayor is famously a Yankees fan — “You can’t grow up in the South Bronx without knowing about baseball,” she once said — who has thrown out the first pitch at a game and had the team bring the World Series trophy to her Supreme Court chambers. For her Christmas present this past year, Sotomayor’s younger brother Juan commissioned a painting of three Latino former Yankees — Bernie Williams, Jorge Posada and Mariano Rivera.

But the other justices may be pikers compared with Justice Samuel A. Alito Jr., a diehard devotee of the Philadelphia Phillies. In a two-part (!) interview with a Philadelphia Daily News sportswriter in 2010, Alito displayed an encyclopedic knowledge of his team and remembered how Breyer had arranged for the team’s mascot, the Phillie Phanatic, to show up for Alito’s welcome dinner to the Supreme Court.

When Alito was 44, his wife sent him to Phillies Dream Week, the training camp for aging fans, where he turned a double-play and received the award as best fielder. “By the end of the week every single person there, I think without exception, had pulled his hamstring,” Alito said.

Justices posting at BBTF? Probably none.


Monday, February 09, 2015

WaPo: Meet the startup in a trademark war with the Washington Nationals, Chicago Cubs

Calling all BBTF IP lawyers to litigate WalletHub vs MLB.

Evolution Finance has been locked in a trademark dispute with lawyers representing the Washington Nationals and Chicago Cubs for two years after Major League Baseball, on behalf of the teams, opposed their attempt to trademark the white-and-green logo.

The league asserts that the WalletHub logo bears a strong resemblance to Ws trademarked by the two teams, and that granting Evolution Finance rights to use the mark without restrictions could create confusion for customers and complications for both businesses.

Evolution Finance, for its part, sees a bully….

Greg Franklin Posted: February 09, 2015 at 01:34 PM | 8 comment(s)
  Beats: business, cubs, legal, nationals, trademark, wallethub

Wednesday, February 04, 2015

ESPN: Manfred Predicts Resolution Of MASN Dispute

How long did Jarndyce v. Jarndyce take?

“I’m not going to say a lot about MASN because it is in litigation,” said Manfred, who took over from Bud Selig on Jan. 25. “I will say this much. I think in reasonably short order, there will be a resolution of MASN, either by the litigation being done or some other mechanism.”

When the teams couldn’t agree on what the Nats’ rights fees should be, they appeared before MLB’s Revenue Sharing Definitions Committee: Pittsburgh Pirates president Frank Coonelly, New York Mets chief operating officer Jeff Wilpon and Tampa Bay Rays principal owner Stuart Sternberg.

The committee ruled last June 30 that MASN should pay the Nationals about $298 million from 2012-16, an average of just under $60 million—or approximately $20 million a year more than the current rights fee. When MASN didn’t comply with the arbitration award, the Nationals attempted to end the rights agreement.


Friday, January 16, 2015

Appeals Court Rejects San Jose’s Anti-Trust Suit Against MLB

In a unanimous ruling, the 9th U.S. Circuit Court of Appeals rejected San Jose’s claims that baseball’s refusal to allow the A’s to move to a downtown ballpark violates federal antitrust laws. The appeals court concluded that baseball’s nearly century-old exemption from antitrust laws forecloses San Jose’s legal case.

“Like Casey,” 9th Circuit Judge Alex Kozinski wrote, “San Jose has struck out here.”

San Jose says it will appeal to the Supreme Court.


Monday, December 29, 2014

Vice Sports: The Radical Case for Cities Buying Sports Teams, not Sports Stadiums

Okay, so there is one small holdup with the public owning sports teams in the U.S., which is that the major pro sports leagues here have dedicated themselves to blocking it at every turn. McDonald’s heiress Joan Kroc once tried to give the Padres to the city of San Diego as a charitable donation, but was overruled by MLB; a similar league edict later prevented the city of Pittsburgh from getting a share of the Pirates in exchange for a $20 million “loan” that was never repaid. The NFL was so freaked by the mere prospect of anyone trying to replicate the Packers that it wrote a ban on non-profit ownership into its league constitution. Congress considered a bill to pull leagues’ antitrust exemption for TV rights if they barred community ownership, but like just about all Congressional attempts to reign in sports leagues, it’s gone nowhere.

Okay, so no league is voluntarily going to allow its franchises to fall into public hands when it can keep on using its monopoly power over team ownership to extract subsidies. Is there any other way to force them to?

The answer is: maybe. And the trick lies in one of the same governmental powers that team owners use on their side in stadium deals: the power of eminent domain.


Saturday, November 08, 2014

Judge denies Puig’s request to throw out lawsuit

Corbacho Daudinot is no Mike Trout!

Puig’s attorney, Sean Santini, requested that the case be thrown out because Corbacho Daudinot failed to appear for depositions in Miami in August and September.

boteman Posted: November 08, 2014 at 02:34 AM | 3 comment(s)
  Beats: dodgers, lawsuit, legal, yasiel puig

Wednesday, September 24, 2014

Mitch Williams sues MLB Network, Deadspin, Gawker for defamation

According to the complaint, MLB Network, which is owned by Major League Baseball and Comcast, threatened to terminate Williams unless he signed an amendment to his contract that would have prohibited him from attending the youth sporting events of his five children, including those of his 11-year-old autistic son. He was fired after refusing, costing him about $2 million in the balance of his contract.

The lawsuit claims MLB Network ignored both written and video evidence contradicting the accusations. Williams claims the alleged defamatory statements made about him led to a breach of his contract and wrongful termination. He said he has also lost jobs with MLB.com, The Sports Network and Fox Sports. Williams, who is represented by Laura Carlin Mattiacci and Stephen G. Console of Philadelphia-based employment law boutique firm the Console Law Office, is seeking damages from MLB Network and Gawker.

Steve Parris, Je t'aime Posted: September 24, 2014 at 10:21 PM | 18 comment(s)
  Beats: legal

 

 

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