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Rob Manfred speaks

About the Astros and other things.

Did not age well

When it comes to the Astros’ sign-stealing saga and its aftermath, Major League Baseball commissioner Rob Manfred does have one big regret.

Was it his non-punishment of any individual players or granting immunity to them to get candid answers out of them? In an expansive interview with ESPN’s Don Van Natta Jr. that published Wednesday, Manfred said he wasn’t interested in “rehashing past stuff” like the Astros scandal.

But there was something in the wake of his punishment of the Houston franchise (a $5 million fine, stripping two years’ worth of first- and second-round draft picks and year-long suspensions to now-former general manager Jeff Luhnow and manager A.J. Hinch) that still gnaws at Manfred.

It was Manfred’s choice of words in the aftermath to the sanctions about why he didn’t strip the Astros of their 2017 World Series championship.

“The idea of an asterisk or asking for a piece of metal back seems like a futile act,” Manfred said in February 2020, referring to the Commissioner’s Trophy.

Those words generated a fierce backlash from MLB players and fans and two-plus years later, Manfred calls the “piece of metal” reference one of his biggest miscues since becoming commissioner in January 2015.

“The ‘piece of metal’ thing — the worst,” Manfred told Van Natta. “I regret it because it’s disrespectful to the game. I also regret it because I was being defensive about something.”

You can read the interview here – it’s quite long. I agree that was a dumb thing for him to say, but I’ve always had the impression that a lot of fans – and other players – were mad about the fact that no Astros players received discipline for their role in the scheme. There are lots of reasons for that – MLB wanted their cooperation, the collective bargaining agreement didn’t allow for it, the real responsibility belonged to management, etc – but it’s how people felt. No one ever said this stuff was entirely rational.

As for his September 2017 letter to the Yankees that recently became unsealed and revealed a $100,000 fine for New York using the dugout phone to steal and transmit opponents’ signals during the 2015 and 2016 seasons, Manfred was asked if widely publicizing that punishment at the time would’ve instilled a greater fear among teams for the repercussions of sign-stealing.

“Look, I think the answer to that question is really temporal,” Manfred said. with Van Natta noting the commissioner showed “a flash of irritation and not sounding as thick-skinned as he claims.”

I mean, speaking as a Yankees fan who didn’t understand why they fought the release of that letter so hard – it really made them look guilty of something, and in the end it was largely no big deal – that would have been better from my perspective. Maybe next time.

We finally see that Manfred letter to the Yankees

The Chron headline is blaring, but I kind of think we already knew most of this stuff.

Major League Baseball fined the New York Yankees $100,000 in 2017 for using their replay room and dugout phone to steal their opponent’s signs during the 2015 and 2016 seasons in what commissioner Rob Manfred described as a “material violation” of rules governing the replay room.

The ruling was in a letter that Manfred sent to Yankees general manager Brian Cashman on Sept. 14, 2017.

[…]

The two-page document provided few specifics and rehashed much of what Manfred already acknowledged in a Sept. 15, 2017 statement, one in which he disciplined the Red Sox for using their replay room to decode signs and warned “future violations of this type will be subject to more serious sanctions, including the possible loss of draft picks.”

The Astros continued to use their electronic sign-stealing scheme and trashcan banging at Minute Maid Park despite the warnings. Owner Jim Crane fired manager A.J. Hinch and general manager Jeff Luhnow after the system became public in Jan. 2020. The league also fined the franchise $5 million and took away its first and second-round draft picks in 2020 and 2021.

Manfred’s letter to Cashman helped to reinforce two long-held beliefs: electronic sign-stealing predated the Astros’ infamous trashcan banging scheme and ran rampant throughout the sport before stricter enforcement arrived in Sept. 2017. Multiple players across baseball have acknowledged it since the Astros’ punishments were levied and they became pariahs. No other publicly known sign-stealing schemes — including the one detailed in Manfred’s letter to Cashman — approach the severity of Houston’s trashcan banging scheme.

[…]

According to the letter, a Yankees baseball operations assistant admitted to league investigators that he provided information about opponent’s signs to members of the team’s replay room during the 2015 and 2016 seasons.

The staffer’s name is redacted in the letter. The Boston player, who had played for the Yankees earlier in his career, is also not named.

The staff in the replay room “physically relayed the information” to the Yankees dugout, but the letter did not specify how it happened. The team also tried its tactics during road games, according to the letter. At ballparks where the dugout was farther from the replay room, the Yankees sometimes used a dugout phone line to “orally provide real-time information” about the opponent’s signs, the letter said.

Manfred wrote that the Yankees’ wrongdoing “constitutes a material violation of the replay review regulations” and had “the same objective of the Red Sox’s scheme that was the subject of the Yankees complaint.”

In his public statement on Sept. 15, 2017, Manfred acknowledged that the Yankees “had violated a rule governing the use of the dugout phone” during a season prior to 2017.

“The substance of the communications that took place on the dugout phone was not a violation of any rule or regulation in and of itself,” Manfred said in that announcement. “Rather, the violation occurred because the dugout phone technically cannot be used for such a communication.”

Both the 2017 Astros and 2018 Red Sox were cited for sign-stealing schemes that originated in the team’s replay room. The Astros ran a far more egregious operation: positioning a camera in center field at Minute Maid Park, pointing it at the catcher and banging trashcans to relay the signs he flashed to Houston hitters.

Manfred’s letter to Cashman mentioned nothing about cameras. It also does not accuse the Yankees of illicit activity after Sept. 15, 2017 — the day Manfred promised harsher punishment for sign-stealing.

The 2018 Red Sox scheme was “far more limited in scope and impact” than the Astros’ 2017 actions, according to the league’s findings. Alex Cora, Boston’s manager that season, incurred a one-year suspension for only his actions as the Astros’ bench coach in 2017.

See here for the previous update. Going back through my archives, the first mention of this letter was from 2020, and most of what happened since then was related to the Yankees’ efforts to keep it under wraps. I don’t see any specific mention of the Yankees being accused of some form of sign stealing, but there was definitely the assumption all along that multiple teams had at least dipped a toe in those waters, with more than a little suspicion thrown at New York. The key thing, which we did know from the beginning, was Manfred’s warning to teams in 2017 that any further violations will be treated more harshly. Which is what happened to the Astros and to a lesser degree to the Red Sox.

So if you’re an Astros fan and you want to feel smug about this and go on about Yankee hypocrisy, go for it. You’ve got all the evidence you need. Just know that some of the dunking I’ve seen on Facebook has largely boiled down to “we cheated better than you did!” which really isn’t all that compelling if you ask me. I’m sure you can do better than that. If you’re a Yankees fan, the best response is along the line of “yeah, but when MLB said ‘no, seriously, cut it out’, we did and you didn’t”. And then we can go on hating each other as usual, which is the natural order of things in sports. Everybody wins!

Courts keep turning the Yankees down

Time to give up and move on, y’all.

The New York Yankees keep taking losses in court.

A federal appeals court has denied the team’s latest attempt to keep a 2017 letter from Major League Baseball commissioner Rob Manfred detailing alleged sign-stealing by the Yankees.

The United States Court of Appeals for the Second Circuit turned down the Yankees’ request for an en banc hearing of an earlier court decision affirming a U.S. District Court Judge’s ruling that the letter be unsealed.

En banc hearings, which are rarely granted, ask the circuit court’s 13 active judges to rehear the case. The appellate court’s March 21 ruling was made by a three-judge panel.

NJ.com reported Thursday the letter could be unsealed in a week. The Yankees’ only legal recourse at this point would be to seek a Supreme Court review.

“We’re disappointed in the Court of Appeals’ decision, but we respect it,” Yankees president Randy Levine told NJ.com. “But I believe that it’s going to lead to a lot of unfair results down the road.”

The Yankees have claimed making the letter public would result in “severe reputational damage.”

See here and here for the background. I follow a lot of dumb stories on this blog, and this is one I’m ready to stop following. I don’t know what could possibly be in that letter the team has fought so hard to keep under wraps, but at this point if one was inclined to believe it must be something terrible, I’d be hard pressed to argue against you. Either there really is something damaging in there, or they have a greatly over-inflated sense of their own importance. Possibly both. Can we please just rip this band-aid off and get on with our lives? Thanks.

JC Hartman

Good column from Jerome Solomon about the first Black baseball player for the Astros, who were still the Colt 45s at the time.

Carrie Beth Tucker / Houston Chronicle

You have probably never heard of many of the first Blacks to play modern-day baseball for franchises.

J.C. Hartman, the first Black man to play for the Astros, [was] a special guest at the team’s Jackie Robinson Day luncheon Friday.

Special is indeed a proper descriptor. We’re talking about a man who played in the Negro Leagues, is a retired Houston policeman and, as a barber’s college graduate, cut Willie Mays’ hair.

Hartman was 28 when he debuted with the Colt .45s. Friday [was] his 88th birthday.

Two weeks ago, he told me he was on his second-story roof doing work.

“Um, Mr. Hartman, that doesn’t sound like something you should be doing.”

“If you have a leaking roof, what are you gonna do, son?” the longtime Third Ward resident asked.

[…]

Hartman played for the Kansas City Monarchs in the Negro Leagues and was an All-Star in 1955 before his contract was sold to the Cubs.

He played for the Magic Valley Cowboys, the Cubs’ Class C affiliate in Twin Falls, Idaho, in 1956. He was in Double-A with the San Antonio Missions in 1959.

Between those stints, Hartman was drafted into the Army, where he played on the 1957 Fort Carson team, winning the All-Army team championship along with teammate and Houston Livestock Show and Rodeo stalwart Charley Pride.

Baseball is just part of the story of firsts for Hartman.

After he retired from the sport, he joined the Houston Police Department and, after just two years on the force, became the first Black to be a supervisor. His efficiency score and test grade had to make up for his lack of seniority.

Instead of taking off-duty jobs, he prepared for the exam by often taking refuge in his son’s treehouse to study.

“There were almost no Black people in the department and none wearing stripes, so I was determined,” Hartman said. “I knew I couldn’t play baseball forever, so once I decided that’s where I wanted to be, I had to focus on it.”

I’ve been in Houston almost 35 years, and I don’t believe I’d ever heard the name JC Hartman before I read this story. I’m glad he had the chance to be honored at the Jackie Robinson Day luncheon while he’s still here with us, but the Astros should have been celebrating players like him well before now. Hartman’s major league career was brief, but he still made an impact. We should know more about him and about those who followed in his footsteps.

Do tell, Chris

I have three things to say about this.

A rival of the Astros during their current run as a Major League Baseball power said Houston wasn’t the only team that’s resorted to cheating.

Red Sox lefthander Chris Sale, who pitched against Houston during playoff series in 2017, 2018 and 2021, made the remarks during a Monday interview on “The Greg Hill Show” on Boston sports radio station WEEI.

When asked about former Astros designated hitter Carlos Beltran — a central figure in the 2017 sign-stealing operation — telling the YES Network that the team’s championship that season is tainted during his first interview on the subject, Sale said the Astros weren’t alone in the cheaters’ fraternity.

“If the Astros were the only team doing it, then yeah, give (the championship) back — take it back,” Sale said. “I know for a fact they weren’t. All these people pointing fingers: Well, hey, take a check in the mirror real quick. Make sure that you and your team weren’t doing something.

“What (the Astros) did was wrong. And I’m not trying to condone it. Shoot, we’re talking five years ago now and we’re still talking about this stuff. I’d like to kind of turn the page on it. It happened. They dealt with it. There’s nothing you can do about it now sitting here where we are. So you just kind of move on from it.”

1. I’m sure Sale is correct that the Astros were not the only team cheating. It would be odd if they were.

2. That said, cheating exists on a spectrum – small scale, short term, individual effort to large scale, long term, team effort. The Astros were on the far end of the scale in all categories, they were extremely visible about it in retrospect, and as the World Series winner that year it was just embarrassing. But maybe they weren’t alone in those regards, maybe they just had the bad luck to be outed about it. Which leads to…

3. Spill the beans already. I know no one is going to narc on their own team, and if you’re accusing a rival it will be seen as gamesmanship, but surely someone out there is now in the same position that Mike Fiers was when he ratted on the Astros. I really don’t want to be talking about cheating when we may finally have a “normal” season again, but the reason we’re still talking about this five years later is because we feel like there had to be more to the story. (Yes, the MLB letter about the Yankees, whatever it says, is a part of that as well.) So let’s get it all out there, therapy-style, and see if we can’t finally get some closure.

Carlos Beltrán speaks about sign stealing

Of interest.

Carlos Beltrán, the venerated designated hitter painted by Major League Baseball as a ringleader of Houston’s electronic sign-stealing scheme during the 2017 season, said this week he “wished somebody would’ve said something” and stopped the trashcan banging scheme.

In an interview with YES Network broadcaster Michael Kay, who doubles as the television voice of the New York Yankees, Beltrán said the Astros’ World Series championship has a stain and tried to direct blame to Houston’s front office for a scheme the league deemed “player driven.”

“Nobody said anything to us, you know, nobody said anything,” Beltran said. “I wish somebody would’ve said something. A lot of people always ask me why you didn’t stop it? And my answer is, I didn’t stop it the same way no one stopped it.”

“This is working for us. Why you gonna stop something that is working for you? So, if the organization would’ve said something to us, we would’ve stopped it for sure.”

Beltrán said Astros players never received commissioner Rob Manfred’s edict in mid-2017 that cracked down on electronic sign-stealing and promised harsh punishments for teams that broke rules.

Beltrán was the only player cited by name in Manfred’s report detailing the league’s findings into the Astros’ scheme. He took issue with the distinction in his remarks with Kay, which will be aired in full on Monday at 3 p.m. CT on the YES Network. Excerpts of the interview were released on Sunday morning.

“The part that bothered me about that is that, you know, when I sit down to cooperate with them (MLB), they said to me, “We’re not going against the players. We’re going against …field personnel, front office and organization,’” Beltrán said. “And the fact that I’m the only player named in that report? So how … that happen? Like, that’s the part that I don’t understand. Everyone gets immunity except Carlos Beltrán? I don’t get it.”

On the one hand, it makes sense for Beltrán to put blame on the Astros’ front office for not stepping in to stop the banging scheme. MLB put the blame on the manager and coaches and the front office as well, which is why Jeff Luhnow is an ex-GM. On the other hand, Beltrán was a full-grown adult who certainly should have known that what they were doing was against the rules, and that whether it worked or not it would reflect poorly on them all. You can say it didn’t help much – others have made that claim, but Beltrán is contradicting them – and you can say the Astros would have won the World Series in 2017 regardless – I for one believe that to be true, whatever Yankees GM Brian Cashman may say. But that almost makes it worse. You were the best team on the field, you knew you were the best team on the field, so why put all that energy into something shady? Just go out there and beat ’em.

The main thing I take away from this is that it’s going to be a long time before we’re done with the banging scheme. It’s such a shame, because the 2017 Astros were a great team, and it was a huge boost for the city a couple of months after Hurricane Harvey. We’d all be so much better off if they’d never done this, whatever the effect might have been. Sean Pendergast has more.

Yankees still fighting to keep that MLB letter under wraps

I mean, it can’t hurt to ask.

The New York Yankees plan to continue to fight the unsealing of a letter from MLB detailing alleged sign-stealing by the organization.

The Athletic, citing a source with knowledge of the team’s plans, reported Friday the Yankees will appeal the release of the 2017 letter from commissioner Rob Manfred. A federal appeals court on March 21 had affirmed a U.S. District Court judge’s June 2020 order to unseal the letter.

Friday’s report said the Yankees plan to file a petition either later in the day or Monday, the deadline for submission, for an en banc hearing with the U.S. Second Circuit Court of Appeals. That appeal would ask the circuit court’s 13 active judges to rehear the case. The appellate court’s previous ruling was made by a three-judge panel.

Historically, en banc reviews have been rarities in the Second Circuit.

The Yankees have claimed making the letter public would result in “severe reputational damange.”

See here for the background. I can’t imagine they’d continue on to SCOTUS if they lose again, but at this point who can say? As ol’ Jack Burton once said, you never know till you try.

Appeals court upholds ruling to unseal MLB’s 2017 letter on sign stealing

Look, if you’re going to follow a weird story, you’ve got to stay committed to following that weird story.

A September 2017 letter from Major League Baseball commissioner Rob Manfred detailing alleged sign-stealing by the New York Yankees should be unsealed, a federal appeals court ruled Monday.

The 2nd Circuit Court of Appeals affirmed a June 2020 ruling by U.S. District Judge Jed Rakoff ordering “a minimally redacted version” of the letter to be unsealed.

Per NJ.com, it may be two weeks or more before the court releases the letter.

Rakoff’s order had been stayed pending an appeal by the Yankees and MLB. The Yankees claimed making it public would result in in “severe reputational damage.”

But in Monday’s decision that also upheld the dismissal of a $5 million lawsuit filed by daily fantasy sports player Kristopher Olson and 100-plus other plaintiffs seeking damages from MLB, the Astros and Boston Red Sox over illegal sign-stealing operations of recent seasons, the appeals court upheld Rakoff’s ruling regarding the letter.

“In light of plaintiffs’ attempted use of the letter in their proposed Second Amended Complaint and the district court’s discussion of the letter in explaining its decision to deny plaintiffs’ request for leave to amend in their reconsideration motion, and because MLB disclosed a substantial portion of the substance of the letter in its press release about the investigation, we conclude that the district court did not abuse its discretion in unsealing the letter, subject to redacting the names of certain individuals,” the appeals court’s ruling said.

The sealed letter to the Yankees had been obtained during the discovery phase of the class-action lawsuit, which claimed MLB and the Astros and Red Sox for liable for any money lost during games in which either team cheated.

The plaintiffs had argued that a Manfred press release in 2017 had been an “actionable misrepresentation” of the facts laid out in the letter, with the plaintiffs claming that “the investigation had in fact found that the Yankees engaged in a more serious, sign-stealing scheme.”

On Sept. 15, 2017, MLB issued a statement from Manfred concluding the investigation into the Red Sox’s illegal use of an Apple Watch, which had been prompted by a complaint lodged by the Yankees. As a part of that investigation, Manfred discovered the Yankees’ illegal use of their dugout phone and fined them a “lesser, undisclosed amount” than he levied the Red Sox.

“No club complained about the conduct in question at the time and, without prompting from another club or my office, the Yankees halted the conduct in question,” Manfred wrote. “Moreover, the substance of the communications that took place on the dugout phone was not a violation of any rule or regulation in and of itself. Rather, the violation occurred because the dugout phone technically cannot be used for such a communication.”

In that same ruling, Manfred said he found “insufficient evidence” to substantiate a claim from the Red Sox that the Yankees illegally used the YES Network to steal Boston’s signs.

See here, here, and here for the argument. A copy of the appellate court’s ruling is in the Chron story. The affirmation of the DraftKings lawsuit is likely the more substantial matter, but who knows? I still think this letter is probably no big deal, but if it is then the lessons are clearly 1) don’t do things that you’ll be embarrassed about later if people find out about it, and 2) better hope no one writes down the details of your embarrassing stuff. NJ.com has more.

They’re the Space Cowboys

Bet you weren’t ready for that.

You can call them the Space Cowboys.

That’s the name the Astros have picked in their rebranding of the Sugar Land Skeeters, the team’s Class AAA affiliate.

The official announcement will come on Jan. 29 at Constellation Field (no rebranding needed) but a person with knowledge of the change confirmed the new name.

The Skeeters started as an independent team in the Atlantic League in 2012 and drew its own fan base attracted to the lower prices and family atmosphere of the new stadium in Sugar Land along with the occasional celebrity sightings on the mound like Tracy McGrady or Roger Clemens.

The Skeeters went big time last year when the Astros bought the franchise and turned it into their Class AAA affiliate.

Go ahead, make your “pompatus of love” joke, get it out of your system. The Skeeters, whose name (the team has insisted) does not refer to mosquitos, have been called that since 2010. I see from that last link I had favored “Imperials” as their name, which is fine and all but seems now to lack a certain grandeur. As the story notes, there will be an event at Constellation Field to make official the re-branding. It’s a nice facility, if you feel comfortable being in a crowd right now, and I’m sure that will be fun. I don’t know if that logo I found on Twitter is for real or not – I hope it is – but I presume you’ll be able to see for yourself on the 29th. Good luck with the launch, y’all. CultureMap has more.

No vax needed to see a Rockets game

No, thanks.

The Rockets will not have any entry or seating restrictions beyond those required by NBA health and safety rules this season, according to Rockets president of business operations Gretchen Sheirr. The team does provide an option for fans to purchase seats in sections with social distancing provided in a variety of areas in Toyota Center.

The NBA requires that all those within 15 feet of the court be able to show proof that they are fully vaccinated or can provide a negative test for COVID.

The Dallas Mavericks last week announced that all fans be fully vaccinated or provide a negative test, joining Chicago Bulls and Oklahoma City Thunder, along with teams in New York (the Brooklyn Nets and New York Knicks) and in San Francisco (the Golden State Warriors) where local guidelines require it.

The Rockets’ policy for Toyota Center is in line with policies for Texans games at NRG Stadium and Astros games at Minute Maid Park.

But those are at least generally held outdoors, and even if the roof is closed on those stadia there’s still a lot more open space. The Rockets play in a much more enclosed space, and while they do have some limited “socially distanced” seating available, this sure seems like a recipe for transmission. It’s also quite different from last season, when face masks were required and attendance was capped at about 20% of capacity. I don’t begrudge them wanting to have fuller crowds – they gotta make money – but if the Mavericks can require proof of vaccination or a negative test in order to attend a game, I don’t see why the Rockets can’t. You can do better than that, y’all.

Astros reach settlement with the family of the girl hit by the foul ball

Some closure to a tough story.

The family of a girl struck by a foul ball at Minute Maid Park during the 2019 season has reached a confidential settlement with the Astros, the family’s attorney said Friday afternoon.

Because the settlement involves a minor, it must receive court approval, leading to a lawsuit filed Thursday night in Harris County Court. Plaintiffs Jonathan David Scott and Alexandra Colchado are described as the “natural parents and next friends” for the minor, whom the lawsuit does not identify.

“This is the initiation of that process,” attorney Richard Mithoff said Friday. “The matter has been resolved and we are now seeking court approval of that settlement, which we are required to do under the law.”

The case is assigned to Judge Michael Gomez in 129th district court. The court will appoint a guardian “ad litem” on the minor’s behalf that will make a recommendation about the settlement.

The girl was 2½ when a foul ball hit by then-Chicago Cubs outfielder Albert Almora struck her in the head during a May 29 game against the Astros. Mithoff told the Chronicle last January she sustained a skull fracture and a permanent brain injury that left her at risk for seizures.

“She’s doing pretty well,” Mithoff said Friday. “Her anti-seizure medication has been gradually reduced over the last two years and so she has been seizure-free for 22 months. We anticipate she will continue to improve and they can continue to reduce the anti-seizure medications. She seems to be doing well. The family is obviously very hopeful about the future.”

[…]

Three months after the incident, the Astros extended netting at Minute Maid Park more than 150 feet down both foul lines. That December, Major League Baseball announced all 30 teams would have extended netting during the 2020 season.

“The family remains very grateful that, I think, virtually every ballpark now has put in the enhanced netting that goes all the way to the foul pole,” Mithoff said. “I think they are very pleased that has come about, even though it took this very unfortunate event to bring it about.”

See here for the previous update. I’m very glad to hear that the girl is doing better, and I hope she continues to improve. And I completely agree that the implementation of netting at all MLB stadia is the best possible outcome of this otherwise tragic situation. My wish is that we hear from this girl herself someday, and that she is able to tell us that she is all right.

Astros again seek to dismiss Bolsinger lawsuit

They will probably succeed.

Did not age well

The Astros have submitted their proposal for a Harris County judge to dismiss former Toronto Blue Jays reliever Mike Bolsinger’s lawsuit against the team.

Bolsinger has alleged trade misappropriation and sought more than $1 million in damages in the wake of Houston’s sign-stealing scandal in the 2017 season.

[…]

In the Astros’ 17-page motion to dismiss submitted on Tuesday night, the team pointed to Bolsinger’s misinterpretation of Texas’ trade secrets law and called Bolsinger’s lawsuit an attempt “to turn a headline-grabbing sports story into a cash recovery.”

According to the Astros’ motion, Bolsinger needed to prove ownership of the trade secrets, misappropriation of them and injury caused by the misappropriation to recover any damages under the state’s trade secrets law. The club claimed he did not.

The motion, submitted by Astros attorneys Hilary Preston and James L. Leader, challenged the notion that Toronto’s signs are even secrets at all.

“The signs are not trade secrets, and, to the extent that any party can “own” hand gestures meant to convey pitching strategy, the signs are owned by the Toronto Blue Jays, not (Bolsinger),” the Astros wrote in their motion.

“The signs are hand gestures made in front of thousands of spectators, and the mere fact that the Blue Jays attempted to conceal the meaning of those signs from the Astros’ hitters does not turn those gestures into trade secrets under Texas law.”

See here for the previous update. As noted, Bolsinger had sued in Los Angeles originally, but that suit was tossed on the grounds that California didn’t have jurisdiction, so he re-filed in Harris County. I don’t buy his argument and expect the suit to be dismissed, but we’ll see.

Former MLB pitcher re-files lawsuit against Astros

It’s the second attempt to sue them for damages over the sign stealing scheme from 2017.

Did not age well

Continuing to maintain that the Astros’ 2017 sign stealing cost him a job in the major leagues, former Toronto Blue Jays pitcher Mike Bolsinger refiled his lawsuit against the team in Harris County District Court on Thursday afternoon.

Bolsinger, who hasn’t pitched in the majors since allowing four runs and four walks in a third of an inning against the Astros on Aug. 4, 2017, contends his signs were trade secrets under Texas’ Uniform Trade Secrets Act. He is seeking more than $1 million in damages.

A judge in California dismissed Bolsinger’s lawsuit in March, citing in part an attempt by Bolsinger and his attorneys to try to extract sympathy from potential jurors who were fans of the Los Angeles Dodgers, the team the Astros beat in the 2017 World Series. In March 2020, the Astros asked a Los Angeles Superior Court judge to dismiss the suit in a motion that called the case “utterly devoid of merit.”

[…]

Bolsinger’s new suit claims the Blue Jays’ signs are defined as “trade secrets” under section 134A.002(6) of the Texas Uniform Trade Secrets Act. Bolsinger alleges “willful and intentional misappropriation of the trade secrets.”

“The owners of these trade secrets had taken the reasonable measures customary in the baseball industry to keep the signs secret,” Bolsinger’s suit reads. “Moreover, the signs derived independent economic value, actual or potential, from not generally being known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information.”

See here and here for the background, and here for a copy of the lawsuit, which is also embedded in the story. I either missed the dismissal of the original case or I just never got around to blogging it. Regardless, and in my vast legal experience as some guy on the Internet, this sure seems like a longshot. Not to put too fine a point on it, but if the signs were a trade secret, they wouldn’t be trivially easy to crack. I have a hard time believing this will survive a motion to dismiss. You actual lawyers out there, please feel free to tell me why I’m wrong about this.

Should Harris County lower its threat level?

Maybe?

According to Harris County’s COVID-19 guidance, residents should avoid all unnecessary contact with others. They should not go to bars or barbecues or ballgames. They should work from home if possible and leave only for errands, such as groceries or medicine.

Hardly any of the county’s 4.8 million residents appear to be following this advice now. Gov. Greg Abbott fully reopened Texas last month and nixed the mask mandate. Youth sports have resumed, houses of worship again welcome in-person parishioners and 21,765 fans attended the Astros home opener at Minute Maid Park.

Yet, for 42 consecutive weeks, Harris County has been at its highest COVID-19 threat level, red, even though the virus metrics here have improved significantly since January and other counties have relaxed their guidance for residents. Though local officials have no authority to issue COVID-19 restrictions, Harris appears to be the only of Texas’s 254 counties to still urge residents to remain at home.

The county’s two Republican commissioners, Jack Cagle and Tom Ramsey, this week urged Democratic County Judge Lina Hidalgo to reconsider the threat-level criteria. The pair also have resumed attending court meetings in person, which they say can be done safely, while the three Democrats join virtually and require members of the public to do so, as well.

[…]

Since moving to level red last June, Harris County never has met all the criteria to move to the second-highest level, orange, including 14-day averages of: A positivity rate below 5 percent, daily new cases below 400 and COVID-19 patients occupying less than 15 percent of hospital ICU capacity. As of Wednesday, those metrics stood at 8.7 percent, 434 and 15.1 percent.

The glass-half-full view of these numbers is that each has declined significantly from January’s post-holiday spike. Both the number of COVID-19 patients occupying ICU beds and positivity rate have dropped by more than half, and the daily new case average is down 83 percent.

The more cautious approach, which Hidalgo favors, considers that the governor fully reopened the state over the objection of one of his medical advisers, herd immunity that is still months away and the presence of several virus variants in Houston that are a wild card.

Commissioner Ramsey points out that multiple school districts in his precinct are back to mostly in-person classes, which Commissioner Cagle notes that if you’re at the highest threat level all the time, it’s hard to turn the volume up when things do get worse. (I like to think of it as the “These go to eleven” justification.) Judge Hidalgo points to the fact that less than twenty percent of the county is fully vaccinated (this is counting all residents, not just those sixteen and older who are able to get the vaccine) and there are major outbreaks in places like Michigan that stand as cautionary tales for easing up too quickly. I’ll get to all this in a minute, but first we should note the irony of this story appearing on the same day as this story.

The Astros will be without four key players — Jose Altuve, Alex Bregman, Yordan Alvarez and Martin Maldonado – indefinitely because of MLB’s COVID-19 health and safety protocols.

The loss of those four, plus infielder Robel Garcia, is a brutal blow for a team already in a mid-April funk and a reminder that baseball is still operating in a pandemic.

The fivesome went on the COVID-19 related injured list prior to Wednesday’s game against the Detroit Tigers. Astros general manager James Click could not confirm whether the team has had a positive test. Players or staff who test positive for the virus must give their team permission to disclose a diagnosis.

“It’s just a challenge for the rest of our guys to pick us up and get us back on the right track,” Click said before Wednesday’s game at Minute Maid Park. “We’ve obviously scuffled a little bit the past four games. When it rains it pours. It’s a difficult situation.”

Placement on the COVID-19 injured list does not automatically indicate a positive test. There is no minimum or maximum length of stay. The list is also reserved for players or staffers exposed to someone who has had a positive test, those experiencing COVID-19 symptoms, or those experiencing adverse effects of the COVID-19 vaccine. Manager Dusty Baker revealed that all five players “had at least their first shots.”

The Rice women’s volleyball team had to drop out of the NCAA tournament because of COVID protocols as well. Just a reminder, you’re not fully vaxxed until two weeks after the second shot. If it can happen to them, well…

Anyway. I don’t think Commissioners Ramsey and Cagle are making faulty or bad faith arguments. Their points are reasonable, and I’m sure a lot of people see it their way. Judge Hidalgo is also right, and the fact that Harris County hasn’t actually met any of the metrics to put it below the “red alert” threshold should mean something. To some extent this is a matter of risk tolerance, but I do find myself on the side of not redefining one’s own longstanding metrics for the sake of convenience. It seems likely to me that if everything continues along the same trends in the county, we should meet the standard for lowering the threat level soon. And if we don’t – if our caseloads continue to stay at the same level or tick back up, even if hospitalizations are down and even as we vaccinate more and more people – I think that should tell us something. Campos has more.

Our COVID numbers are staying down

Let’s keep this going.

While the East Coast struggles with a fourth wave of rising COVID-19 infections, Texas experts say the state is doing “reasonably well” as case rates stabilize across the state.

Case rates and hospitalizations have plateaued in the region in recent weeks, averaging roughly 3,500 new daily reported cases, the lowest it’s been since early-to-mid September. The decline in hospitalizations has been an even more welcome trend, with fewer than 3,000 patients hospitalized for COVID, the lowest it’s been since June.

Medical experts such as Dr. Carl Vartian, an infectious disease specialist and chief medical officer at HCA Houston Healthcare Clear Lake and Mainland hospitals, suspect the winter freeze, increasing vaccination rates and the prevalence of antibodies in Texas’ population have kept case rates low over the last month.

[…]

“Texas is doing better than most states, which are seeing a pretty sharp rise in the number of daily new cases,” said Ben Neuman, a virologist at Texas A&M University.

The lower rate of infections doesn’t mean that Texans can let their guard down, though. Fewer than 37 percent of state residents have received at least one dose of the COVID-19 vaccine, and just over 20 percent have been fully vaccinated.

“You have to plateau before you rise, and I think that’s where we’re headed,” Neuman said.

The flat line of case rates starts with a sharp drop-off in testing. According to data from the Department of State Health Services, results from PCR testing dropped sharply during the winter freeze in February, and have not rebounded. As of April, Texas is testing at just half the rate it was before the state iced over.

While the number of daily tests has declined heavily, so too has the positive test rate. It’s now under 5 percent, and the second-lowest it’s been since the start of the pandemic, according to state data. Even with the reduced number of tests being conducted, fewer people are testing positive for COVID.

The low number of tests mean there could be a lag before a potential surge, Neuman said.

In Houston, medical experts are cautiously optimistic there won’t be a rise.

Usually, case rates spike first, followed by hospitalizations the week after and ventilator demand and deaths after that. So far, all three have stayed low in Houston, Vartian said.

The freeze was basically a one-week lockdown in the middle of February, and that no doubt helped keep infections down. I don’t know what it’s like anywhere else, but at least in my little part of the world people are still masking up, despite the Governor’s order. I won’t extrapolate from such a limited data point, but I feel hopeful that at least in the big cities people are still inclined to be cautious.

And I take heart at the progress in getting shots into arms. The Astros are getting their shots. The Rockets are getting their shots. Judge Hidalgo has gotten her first shot. People are celebrating the ways that their lives have been improved by getting vaccinated. (Can confirm, by the way.) I’m hopeful. We still have to be careful, but I can see the road ahead, and it’s going someplace good.

Astros aim for half-full

To start out with.

The Astros are expanding their previously planned attendance numbers at Minute Maid Park to start the regular season but will not exceed 50 percent capacity during April, senior vice president for communication and marketing Anita Sehgal said on Monday.

Single-game tickets are scheduled to go on sale Wednesday for 14 home games in April, including the April 8 home opener against the Oakland A’s and the return of former manager A.J. Hinch with the Detroit Tigers from April 12-14.

Season-ticket holders had until March 18 to choose one of four options the ballclub presented them earlier this month in the wake of Gov. Greg Abbott’s orders to reopen the state. On the day Abbott’s executive order took effect, the Texas Rangers announced Globe Life Field would open at 100 percent capacity for opening day on April 1.

Before Abbott allowed all businesses to perform at 100 percent capacity, the Astros were preparing to start the regular season at around 25 percent capacity — 10 to 12,000 people — at the 41,168-seat stadium. Earlier this month, Sehgal said the Astros “were not planning” to fill Minute Maid Park to 100 percent capacity in April.

On Monday, Sehgal said “generally, about half” of the season-ticket holders opted to remain in their seats, where social distancing cannot be guaranteed. For April games, season-ticket holders had the option of remaining in their seats, relocating to a socially-distanced section in the ballpark, pausing their accounts or donating their tickets to front-line workers.

“It didn’t have a significant impact, it just validated our plan,” Sehgal said of the season-ticket holder response. “Our plan has always been to ensure we were responsible and to ensure we had an enjoyable and safe experience. Their response sort of helped validate that we didn’t want to exceed 50 percent capacity (in April).”

[…]

Even if April weather is ideal enough for the Astros to open Minute Maid Park’s retractable roof, the team is comfortable closing it despite the ongoing pandemic. Outdoor air is pumped into the ballpark even when the roof is closed, allaying any concern about a large gathering in an indoor facility.

See here for the background. It doesn’t matter to me because I have no plans at this time to attend large gatherings, but I would have counseled the Astros to keep the roof open as much as possible if the weather permitted. Maybe that’s a false sense of security, since the real risk is in the concourses, especially during entry and exit, but I’d still want to minimize where I could. I’ll be waiting till most of the people in attendance will have been vaxxed. We’ll see if there are enough people to make this higher attendance limit a relevant concern.

Take me out to the ballgame?

I don’t know about you, but I’m not ready for this.

The Texas Rangers plan to open Globe Life Field to a full-capacity crowd of 40,518 for their final two exhibition games and their regular-season home opener on April 5.

Masks will be required for all fans when not eating or drinking, the team said. Distancing will be enforced at concession lines and retail locations.

Certain locations of Globe Life Field will be designated “distanced seating” sections for other home games to allow for more space between seats, the team said.

Rangers president of business operations and chief operating officer Neil Liebman repeatedly referenced Texas Governor Greg Abbott’s decision last month to open the state to full capacity. Executive vice president of ballpark operations Rob Matwick pointed to the fact that Globe Life Field has been hosting events since last May, including the NLCS, World Series, National Finals Rodeo and multiple local graduations.

As to the scalability from those limited-attendance events to full capacity, Matwick said the team will rely on “voluntary compliance” from fans to adhere to social distancing and mask-wearing requirements, and that the roof would be open, barring rain.

Yeah, that would be a No from me. Having the roof open makes it a little better, but “capacity crowd” and “social distancing” do not go together, and that’s even without considering how many folks will be maskless. The college football experience has not taught some people anything, it would seem. Look, I understand why MLB teams want to have fans in the stands, and when your governor says that anything goes, it’s hard to resist. I’ll wait till the national vaccination rate is above fifty percent, maybe higher.

Our hometown nine is being slightly more cautious, at least for now.

Although Texas’ relaxed coronavirus regulations now allow it and the Rangers are planning for a full stadium on opening day, the Astros are currently “not planning” to fill Minute Maid Park at 100 percent capacity in April, senior vice president of marketing and communications Anita Sehgal said Wednesday.

In an email sent to their season ticket holders Wednesday, the Astros introduced a phased approach that, depending on demand, could increase their originally planned 25 percent capacity for the April 8 home opener against the Oakland A’s. Phase 1, the only phase described in the email, covers Houston’s 14 home games in April.

At almost the same time the Astros sent their email to season ticket holders, the Rangers stunned many people inside and outside baseball by announcing Globe Life Field will operate at 100 percent capacity for their two March exhibition games and April 1 season opener.

“Our focus was never to operate the building at 100 percent in April,” Sehgal said. “At this point in time, we are not planning for 100 percent in April.”

[…]

For their 14 home games in April, the Astros presented season ticket holders four options: keeping their existing seats, relocating elsewhere in the ballpark to ensure social distancing, pausing their accounts for April or donating their April tickets to health care workers or first responders.

If season ticket holders keep their existing seats, the Astros cannot ensure social distancing around them. Socially distant seating locations will be placed around the ballpark, but demand will dictate how many seats are available.

“It will be somewhat dependent on what our season ticket holders decide to do,” Sehgal said. “We got input from our season ticket holders in order to come up with this plan, and as they choose whether to move to a socially distanced area or stay in their seat, if we have a high demand for the socially distanced area, we will adjust accordingly.”

The team surveyed its season ticket holders about their attendance preferences earlier this month and received one of the largest responses in recent franchise history. Before Abbott reopened the state, the Astros were prepared to have “around 25 percent” capacity inside the 44,000-seat stadium for their home opener April 8.

“We really do not know what our capacity will be for April,” Sehgal said. “We know that our No. 1 priority is to make sure people come to Minute Maid Park and have an enjoyable, safe experience.”

Campos is a season ticket holder, and he chose the “Pause” option, which is what I’d do in that situation. It’s fine for them to gradually increase capacity over time, as more people get vaccinated, and the Astros are still requiring masks (again, at least for now; the Rangers are also requiring masks), which helps. As with the maskless mandate, all that was needed here was to wait a little longer. I don’t get what the Rangers are doing. I just hope they don’t cause another spike in the COVID rate up there. Texas Monthly, which notes that the Rangers are an outlier among pro teams in Texas (and in MLB), has more.

Luhnow lawsuit dismissed

Nothing left to litigate about, apparently.

Did not age well

Former Astros general manager Jeff Luhnow’s lawsuit against the ballclub was dismissed on Friday after both parties “resolved their differences,” severing the final tie between the team and its most successful executive in history.

District Court Judge Kyle Carter granted the motion, which was filed jointly in 125th State District Court on Friday. Karl Stern, the attorney who submitted on behalf of Luhnow, did not respond when asked for further comment. An attorney representing the Astros did not return a request for comment.

Luhnow sought more than $20 million in damages in the breach of contract lawsuit he filed in November. The 54-year-old Luhnow claimed he was the “scapegoat” for a sign-stealing scandal that tarnished Houston’s 2017 World Series title.

[…]

Luhnow’s contract called for “any dispute” in the application of its terms to be resolved by “arbitration by the commissioner or the commissioner’s designee,” but Luhnow’s attorneys argued it was unenforceable in their suit due to commissioner Rob Manfred’s role in Luhnow’s dismissal. Manfred wrote MLB’s investigative findings into the sign-stealing scheme.

Luhnow’s lawyers said it would be a “complete sham” to allow Manfred or his designee in any arbitration hearing and called for an independent arbiter to preside. It is unknown whether arbitration occurred to cause the suit’s dismissal, but lawyers unaffiliated with the case surmised that was always a likely outcome.

“Arbitration is confidential. It is outside the public purview and accompanied by orders that make the proceedings secret,” Michael Lyons, of the Dallas firm of Lyons & Simmons, said in November. “Filing suit is a way for Jeff Luhnow to clear the air from a PR standpoint and get his story out in a way he might not otherwise have been able to do.”

See here and here for the background. I don’t really care what happens to Jeff Luhnow, but I feel like once I start blogging on a topic, I should see it through. Also, mandatory arbitration clauses are bad. I think that about covers it.

More on the Luhnow lawsuit

Because I now have the brain space to think about stuff like this again.

Did not age well

While baseball fans and courtroom voyeurs might long for a public legal showdown between Astros owner Jim Crane and former general manager Jeff Luhnow, attorneys say the more likely outcome of their contract dispute over Luhnow’s firing is a quiet, secretive resolution behind the protective wall of private arbitration.

Three Texas attorneys were united on that point of view Monday after examining the 18-page breach of contract lawsuit filed by Luhnow against the ballclub before Texas 125th District Judge Kyle Carter.

Luhnow alleges that Crane violated his contract by firing him in January after he was suspended for a year by Major League Baseball commissioner Rob Manfred. Crane’s decision, Luhnow says, denied him benefits that include $22 million of his $31 million contract plus bonuses and a guaranteed slice of the ballclub’s profits.

While the bulk of the complaint alleges a plot by the Astros and MLB to scapegoat Luhnow as the villain of the 2017-18 sign-stealing scandal, attorneys say its most critical point is in the 34th of 43 paragraphs, which says Luhnow is required to submit contract disputes to arbitration “by the commissioner or the commissioner’s designee.”

“Jeff Luhnow will have a very difficult time defeating the arbitration agreement clause,” said Rogge Dunn, a Dallas attorney who has represented former Orioles manager Buck Showalter, Texas Tech University and a former Baylor University Title IX oversight director in employment law cases.

Luhnow’s attorneys say it would be a “complete sham” for Manfred to have a key role in arbitrating disputes in which he is a central figure. The lawsuit asks Carter to submit the case to a jury or to appoint an arbitrator of his own choosing.

“His point is that this is an inside deal,” Dunn said. “The commissioner will protect the owner and scapegoat me, and he also gets to appoint the arbitrator, who will know on whose bread is being buttered.”

Mike Muskat, a partner with the Houston firm Muskat, Mahony & Devine, said Texas law is “very favorable toward enforcement provisions,” which decreases the prospect Luhnow can avoid an arbitration proceeding in which MLB gets to pick the arbitrator.

“I’ll give (Luhnow’s attorneys) credit for a creative argument, but the law is pretty solid,” Muskat said. “There’s a pretty high hurdle to avoid arbitration based on the selection of the arbitrator.”

See here for the background, and there’s a copy of the lawsuit embedded in the story. I’ll say this much, if Luhnow turns this into a crusade against mandatory arbitration clauses in employment agreements, even if it’s for the most self-interested of reasons (*), I will regain a modicum of respect for him. He’s right that this kind of forced arbitration is a scam that greatly benefits employers – and businesses in general when we’re talking about other types of service agreements – but the fight needs to be bigger than this. You can do it, Jeff!

(*) Money is very much the motivating factor here, as there’s over $30 million at stake. If the Astros can fire Luhnow for cause, instead of firing him for being a loser, as is the case most of the time when managers/GMs are canned, then they don’t owe him any of the money he was to be paid in his contract. Whatever else you may think of Luhnow, he’s not an idiot.

Luhnow sues Astros

This ought to be entertaining.

Did not age well

Jeff Luhnow sued the Houston Astros for breach of contract on Sunday, alleging that Astros owner Jim Crane and Major League Baseball Commissioner Rob Manfred negotiated penalties for the sign-stealing scandal that enabled the team to paint Luhnow as “the scapegoat for the organization” and fire its general manager “in order to save more than $22 million in guaranteed salary.”

In January, after a two-month investigation into how the Astros violated baseball rules by improperly deploying technology to decode signs in the 2017 and 2018 seasons, Manfred suspended Luhnow and Astros manager A.J. Hinch for the 2020 season. Crane then fired Luhnow and Hinch.

Luhnow’s lawsuit uses quotation marks around the word “investigation” and calls it “a negotiated resolution” between Crane and Manfred “that enabled the team to keep its World Series championship, went to great lengths to publicly exonerate Crane, and scapegoated Luhnow for a sign-stealing scandal that he had no knowledge of and played no part in.”

Manfred later suspended Alex Cora, who was the Astros’ bench coach in 2017 and then became manager of the Boston Red Sox, for the 2018 season. The Detroit Tigers hired Hinch as their manager last week, and the Red Sox re-hired Cora.

Luhnow has not found work in baseball. His suit, filed in Texas district court in Houston, alleges the Astros breached their contract with him because none of the conditions that would be considered as just cause for his dismissal actually occurred.

Yes, the first story appeared in the LA Times. Go figure. The Chron followed a little later with a copy of the lawsuit and some more details.

“The commissioner struck a deal with Crane to make Luhnow the scapegoat of the cheating scandal while absolving Crane, the players and others of responsibility,” the suit reads.

[…]

Luhnow’s lawsuit calls the league’s investigation “deeply flawed.” It paints Director of Advance Information Tom Koch-Weser as the scandal’s “actual ringleader” who, according to the suit, blamed Luhnow “to save his own job.”

Major League Baseball’s investigation included 22,000 text and chat messages to or from Koch-Weser that, according to the suit, Manfred “ignored … as part of the effort to scapegoat Luhnow.” Luhnow is not included in any of the messages, according to the petition.

The petition claims that Koch-Weser was the “only witness to claim that Luhnow mentioned electronic sign-stealing.” Luhnow’s lawsuit calls him a “biased source who has zero credibility.”

“The Astros told Koch-Weser that he could keep his job so long as his actions were sanctioned by his supervisors, including Luhnow,” the suit states.

Koch-Weser remained employed by the Astros throughout the 2020 season.

Luhnow’s lawsuit attempted to demonstrate his adherence to baseball’s crackdown on electronic sign-stealing during the 2017-19 seasons. In Major League Baseball’s report, Manfred excoriated Luhnow for “(failing) to take any adequate steps to ensure that his club was in compliance with the rules.”

You can add this to the season ticket holders’ lawsuit as part of your offseason things to watch. The suit was filed in the 125th Civil Court, so congratulations to Judge Kyle Carter for having this hot potato land on his bench. I have no idea if any of these allegations are true, but I can’t wait to find out more.

What more is there to be said about the Astros sign stealing scandal?

There’s at least one podcast’s worth of material out there.

Did not age well

Rather than writing a sequel to “Astroball,” his 2018 book about the improbable rise of the Jim Crane/Jeff Luhnow-era Astros, former Sports Illustrated writer Ben Reiter opted for a six-episode podcast that delved into the sources and aftermath of the 2017-18 sign-stealing scandal.

The podcast, titled “The Edge,” wraps up Wednesday and Wednesday, Nov. 11, with a two-part final episode that likely will be devoted in large measure to Reiter’s interviews with Luhnow, the former general manager who was ousted along with manager A.J. Hinch in the wake of the sign-stealing revelations.

Reiter said in a recent interview that he expects the podcast to be his final word, at least for now, on the Astros’ rise and fall that has occupied much of his professional life since 2014.

He acknowledges, however, that the impact of the scandal will be lasting, both for the players and the Astros brand, and that details remain hidden about the case that will be brought into the light grudgingly, if at all.

“A lot of people are going to be very motivated to keep their lips sealed forever on this, including some very powerful people,” Reiter said. “My hope as a journalist is my belief is that the truth always finds a way to emerge. I think that is what’s going to happen with this story.”

Reiter said he took on the podcast because he “felt a great personal responsibility to dive back into this story. I had written so much about the team since 2014, and I’d missed something. Everybody had missed something.”

[…]

As for his goal of learning as much as possible about what happened with the Astros and why it happened, Reiter said he is satisfied that he has uncovered as much as can be learned. He does, however, acknowledge that MLB’s report in January was incomplete.

“I think that there are certain things that MLB knows that do not show up in the report,” he said.

“MLB wants to move forward. They want to put this scandal behind them. There’s certainly the possibility that motivation worked against a full investigation of what happened, not only in the Astros, but across the league.”

The podcast is called “The Edge”, and you can find it wherever you’d expect to find podcasts. Now that I might have a bit of spare time in my schedule, I plan to give it a listen.

Astros ticketholder lawsuit update

I share because I care.

Did not age well

The Astros have asked the state 14th Court of Appeals to dismiss a consolidated lawsuit filed by three groups of disgruntled ticketholders, repeating many of the same arguments in favor of dismissal that they presented to a Harris County district court earlier this year.

Along with repeating their claim that the suit should be tossed because the ballclub is protected by the Texas Citizens Participation Act, attorneys say a courtroom is not the proper venue to chasten the Astros for the decision of players in 2017-18 to use electronic means to steal signals in violation of Major League Baseball’s rules.

“No court in the United States has ever allowed fans or other members of the public to sue for how a sport is played, and Texas should not be the first jurisdiction that allows such claims,” the Astros said in their 78-page brief filed with the court this week.

If such claims were allowed, the ballclub added, “The courtroom would become the solace for any sports fan who has felt the pang of disappointment in a team’s strategy choices. In these divided times, appellate courts throughout the nation have united on one point: claim for disappointment in how a team played the game on the field – be it a rule violation or a performance fiasco – are not justiciable.”

The cases wound up before the 14th Court when state District Judge Robert Schaffer denied the Astros’ motion for summary judgment in proposed class action suits filed by ticketholders Adam Wallach, Roger Contreras and Kenneth Young, who allege they were defrauded into buying tickets by the Astros’ public relations campaign urging fans to buy tickets.

The Astros claim the ballclub is protected under the Texas Citizens Participation Act, which allows a judge to dismiss a case in which one of the parties is exercising the right of free speech, right to petition or right of association regarding discussions about a public figure or entity.

Schaffer suggested that the case go to the 14th Court to decide procedural matters before returning to his court for a potential rehearing on the summary judgment dismissal sought by the Astros, and the Astros then filed their appeal.

See here for the background. A copy of the appellate motion is in the Chron story. I believe this case is the consolidation of all of the Harris County lawsuits; there is still the California lawsuit that the Astros either want dismissed or moved to Texas, but I’ve lost track of it at this point. I still don’t believe any of this will go anywhere, but it will at least keep us occupied for the foreseeable future.

No Yankees letter yet

May we all keep following this, all the other news about baseball is terrible.

The Yankees and Major League Baseball on Monday asked the 2nd U.S. Court of Appeals to prevent public release of a 2017 letter from MLB commissioner Rob Manfred to the Yankees that disgruntled fantasy league players say may contain evidence about cheating violations by the ballclub.

U.S. District Judge Jed Rakoff last week granted a request to unseal the letter by attorneys representing a group of DraftKings daily fantasy players who sued MLB over the impact of the Astros’ and Red Sox’ electronic sign-stealing scandals of 2017-18.

The letter from Manfred to the Yankees was included in discovery materials handed over during the fantasy players’ lawsuit, which was filed in the southern district of New York. It was sealed from public view because the Yankees said that making the letter public would cause “severe reputational injury.”

Attorneys for the fantasy players, however, say the letter may provide evidence that the Yankees were involved in a “more serious, sign-stealing scheme” than the ballclub’s technical violations cited by Manfred in 2017.

See here for the background. Judge Rakoff has since put his original ruling on hold pending appeal, so who knows how long this could take, and for something that may ultimately be about not very much that’s new. But until then, we all get to speculate and post stuff on Twitter. That counts as entertainment in these troubled times. CBS Sports and NJ.com have more.

A twist in the sign stealing story

We’ll see how twisted it gets.

A federal judge ordered the unsealing of a 2017 letter from Major League Baseball commissioner Rob Manfred to the New York Yankees that, according to court documents, detailed a “more serious, sign-stealing scheme” than the league initially revealed that September.

The Yankees and Major League Baseball have until Monday at noon to submit “a minimally redacted version” of the letter, according to the 12-page memorandum order filed in the Southern District of New York.

The letter itself may not be unsealed until June 19 in order for the Yankees to file an emergency appeal.

[…]

The letter in question was obtained during the discovery phase of a $5 million class-action lawsuit brought by DraftKings players against the league, the Astros and Boston Red Sox in the wake of the sign-stealing revelations earlier this winter.

A group of more than 100 plaintiffs, led by daily fantasy player Kristopher Olson, claimed the league and two teams were liable for any money lost during games where either the Red Sox or Astros cheated.

Judge Jed S. Rakoff dismissed the suit in April, but the plaintiffs are appealing the decision to the 2nd Court of Appeals.

Rakoff wrote Friday’s memorandum order that called for the letter’s unsealing, finding in favor of the DraftKings players who remain as plaintiffs. In their argument to keep the letter’s contents sealed, the Yankees said releasing the letter would inflict “significant reputational injury.”

“Much of the letter’s contents have already been revealed in the 2017 press release,” Rakoff wrote in his decision. “Furthermore, embarrassment on the part of MLB or the Yankees about the precise contents of the letter is not particularly weighty, and the privacy interests of any individuals mentioned in the letter may be remedied by minimal redaction.”

See here for more on the DraftKings lawsuit, to which the Yankees were not a party. My guess is that the single most likely outcome of this is that the letter tells us very little we didn’t already know, based on what Judge Rakoff says in his ruling, but the possibility certainly exists for something juicy to be in there. It’s not going to change anything the Astros did, but it might contribute to their “everyone else was doing it too” defense. It’s also possible that this will make MLB look bad – again – for the way they handled the investigation and the punishments that were handed out. We’ll find out soon enough. At this point, all I can say is that I’m glad for some baseball news that isn’t about the owners’ latest ridiculous season-starting proposal to the players. Views from 314 and Pinstripe Alley, both Yankees blogs, have more.

Reopening 3.0

Who wants to go to a water park?

Gov. Greg Abbott issued a proclamation Tuesday announcing additional services and activities that can resume under his second wave of reopenings, allowing food courts in shopping malls to reopen immediately and giving the green light for water parks to begin operations with limited capacity starting Friday.

Recreational sports programs for adults can restart Sunday, though games and similar competitions may not recommence until June 15. Abbott also permitted driver education programs to resume operations immediately.

For food court dining areas that choose to reopen, Abbott is encouraging malls to designate one or more people who are responsible for enforcing social distancing and ensuring tables are cleaned and disinfected between uses.

[…]

While indoor and outdoor pools can operate at 25% occupancy, the governor’s previous directives have specifically said people should continue to avoid interactive amusement venues like water parks. Abbott was facing pressure, however, from a Houston-area water park that initially said last week that it would defy Abbott’s orders and reopen Saturday for Memorial Day weekend. Asked about that last week, Abbott told an Austin television station that his office was talking with operators to make sure they complied.

“They subject themselves to potential litigation as well as potential licensing-based issues if they fail to comply, and so it’s a potentially business-dangerous process for them to proceed forward knowing that they are subjecting themselves to litigation if they open up and anybody contracts COVID-19,” he said to KXAN.

The park ultimately decided not to open early, Community Impact Newspaper reported.

If you can maintain social distancing, swimming is fairly low risk. My experience at water parks is that you’d be fine on most of the rides, but the lines to get to the rides will be what puts you in jeopardy. I’m also not sure how financially viable a 25%-capacity water park is, but that’s their problem, and if Schlitterbahn thinks they can make it work, they’re in a better position than I am to judge. I don’t expect to be paying them a visit this year, that much I do know.

Also, too, outdoor sporting events are back on the menu.

In a new proclamation, Gov. Greg Abbott announced that fans will be allowed at outdoor professional sporting events in most Texas counties with limited occupancy, under a new expansion of his most recent wave of economic reopenings.

Starting Friday, all Texans counties — excluding Deaf Smith, El Paso, Moore, Potter and Randall counties — will be able to host in-person spectators for outdoor sports in venues as long as visitors are capped at 25% capacity. Leagues will first have to apply to — and receive approval from — the Texas Department of State Health Services.

Under the revised rule, fans are still banned from attending indoor sporting events in person. The rule does not address college or high school athletics.

[…]

The health agency’s protocols for adult recreational sports participants include a recommendation of wearing face masks during sporting events and practices, screening individuals for symptoms of COVID-19, and using and carrying hand sanitizers.

Spectators, meanwhile, are encouraged to avoid being in groups larger than 10, maintain a 6-foot distance from others when possible and wear cloth face coverings.

Regular COVID-19 testing is also recommended throughout the professional sports season.

I’d say the main effect of this is allowing recreational sports leagues to start up. High school and college sports are exempted, the NWSL will be playing only in Utah, and MLB is still a work in progress. I guess auto racing would be open to fans now as well. I will have a decision to make when the college football season starts, but I wasn’t expecting to see an Astros game any time soon except on TV. Do any of these new options appeal to you? Leave a comment and let us know.

Arguments due this week in Astros sign stealing lawsuits

Here we go.

Did not age well

Attorneys will submit written arguments May 25 to a Harris County judge in the Astros’ attempt to dismiss a consolidated lawsuit filed by season ticket holders upset by the 2017-18 electronic sign-stealing scandal.

State District Judge Robert Schaffer is overseeing the case, which combines three earlier lawsuits accusing the Astros of fraud and violations of the Texas Deceptive Trade Practices Act.

A hearing to dismiss normally would be held in person but will be conducted in writing because courthouse access is limited by the COVID-19 pandemic.

The consolidated suit, which was updated earlier this month, expands a proposed class of Astros season ticket holders suing the team to include full and partial season ticket-holders from 2016 through 2020.

It also adds three plaintiffs as prospective representatives for the requested class action.

One represents 2016 ticket holders. A second, the engineering and construction management firm CHA Consulting, would represent Diamond Club customers.

A third, Houston resident Donald Rao, represents 2020 season ticket holders who are seeking refunds from the ballclub for games that are not expected to be played this season because of the Major League Baseball shutdown.

See here for the previous update. With the DraftKings lawsuit tossed, there’s this one and the California lawsuit, which the Astros want either to be dismissed or moved to Texas.

How about an Arizona/Florida/Texas plan for MLB?

Call it the MLB Plan 3.0 for having a season.

With the spread of the novel coronavirus threatening Major League Baseball’s 2020 season, the league and the union continue to seek ways to salvage the year as best they can. Predictably, that has entailed any number of proposals and contingency plans, including those that would see teams either all isolated in Arizona, or split between Arizona and Florida. On Monday, multiple league sources informed CBS Sports about a different idea that has been discussed in recent days.

In this arrangement, the league would have teams stationed in one of three hubs: Florida, Arizona or Texas. The clubs would then make use of the local major- and minor-league (or spring training) facilities and play regular season games behind closed doors without fans.

One source even expressed guarded optimism about the idea’s chances of coming to fruition.

Ballparks in St. Petersburg (Florida), Phoenix (Arizona), and Arlington (Texas) each have roofs, retractable or otherwise, that would safeguard against rainouts and other extreme weather, allowing for multiple games to be hosted at those sites per day. Theoretically, MLB could also ask teams stationed in Florida and Texas to drive three-plus hours to other MLB parks (Houston’s Minute Maid Park and Miami’s Marlins Park).

It’s unclear if MLB would assign 10 teams to each metropolitan area, or if it would opt for an unbalanced approach that would see 12 teams in one area and eight in another.

[…]

“From our perspective, we don’t have a plan, we have lots of ideas,” [MLB Commissioner Rob Manfred] told Fox Business. “What ideas come to fruition depends on what the restrictions are, what the public health situation is, but we are intent on the idea of making baseball a part of the economic recovery and sort of a milestone on the return to normalcy.”

See here and here for the previous iterations of this idea. The DMN adds more details.

While teams would need to drive as much as two or three hours in Florida to visit certain sites, Texas can offer two Major League stadiums: Globe Life Field in Arlington and Minute Maid Park in Houston. There are also numerous minor league facilities such as Dr Pepper Ballpark in Frisco and The Dell Diamond in Round Rock. There are also numerous top-tier college facilities, if those are made available.

[…]

Among things to be decided if Texas becomes more realistic: How would MLB temporarily realign from two 15-team leagues to three 10-team leagues? Under the Arizona/Florida idea, rather than having teams divided into the National and American Leagues, they would compete in the Cactus and Grapefruit Leagues.

Also, which teams would be asked to give up the relative comforts of their own spring training facilities to temporarily plan in Texas? If MLB moves towards a league that is geared simply to be TV-friendly without fans, it might make sense to have leagues set up based on time zones, with East Coast teams in Florida, teams in the Central in Texas and the rest of the teams in Arizona.

There are eight teams with Central Time Zone home bases: Both Chicago teams, St. Louis, Kansas City, Minnesota, Milwaukee, Houston and the Rangers. Colorado is a Mountain Time Zone-based club, an hour behind the Central. A team from the Eastern Time Zone, perhaps Detroit, might need to be added.

Another question: Would the Rangers be able to use all of the numerous state-of-the-art amenities afforded them in Globe Life Field? Or would teams playing in their home stadiums have to give up some access to major league amenities if the majority of teams are playing in minor league stadiums?

Teams would also need some secondary bases for depth options since the minor league season is becoming more and more unlikely. That’s where minor league and college facilities could become more of a point of conversation.

As the Chron notes, Texas A&M has expressed interest in letting its stadium be used in this scenario. I’m sure other colleges would as well. Normally, even the biggest college stadium would be far too small for an MLB game, but with there being no spectators, that’s not an issue. So who knows? One other obstacle, as the CBS story notes, is that some prominent players, like Mike Trout and Clayton Kershaw, have said they don’t want to be separated from their families for the four months this would take (assuming no return to regular stadium action in the interim). I feel like that is surmountable if this ever gets past the “there are no bad ideas” stage of the discussion. For now, MLB is just making sure that it has something it can try to execute in the event that things have improved enough to move forward with a season.

Manfred finally disciplines the Red Sox for their sign stealing

Here’s the MLB press release, written as a letter from Commissioner Rob Manfred.

Executive Summary

Following an exhaustive investigation into allegations of improper use of the video replay room by the Boston Red Sox, I have come to the following conclusions:

• I find that J.T. Watkins, the Red Sox video replay system operator, on at least some occasions during the 2018 regular season, utilized the game feeds in the replay room, in violation of MLB regulations, to revise sign sequence information that he had permissibly provided to players prior to the game.

• I find that unlike the Houston Astros’ 2017 conduct, in which players communicated to the batter from the dugout area in real time the precise type of pitch about to be thrown, Watkins’s conduct, by its very nature, was far more limited in scope and impact. The information was only relevant when the Red Sox had a runner on second base (which was 19.7% of plate appearances leaguewide in 2018), and Watkins communicated sign sequences in a manner that indicated that he had decoded them from the in-game feed in only a small percentage of those occurrences.

• I do not find that then-Manager Alex Cora, the Red Sox coaching staff, the Red Sox front office, or most of the players on the 2018 Red Sox knew or should have known that Watkins was utilizing in-game video to update the information that he had learned from his pregame analysis. Communication of these violations was episodic and isolated to Watkins and a limited number of Red Sox players only.

• I find that the Red Sox front office consistently communicated MLB’s sign stealing rules to non-player staff and made commendable efforts toward instilling a culture of compliance in their organization.

Discipline

Based on the findings described above, I hereby issue the following discipline:

1) J.T. Watkins shall be suspended for the 2020 season and 2020 Postseason. When Watkins returns from his suspension, he will be prohibited from serving as the replay room operator during any game for the 2021 season and 2021 Postseason.

2) The Boston Red Sox will forfeit their second round selection in the 2020 First-Year Player Draft.

3) Alex Cora will be suspended through the conclusion of the 2020 Postseason for his conduct as the bench coach of the Houston Astros in 2017. While I will not impose additional discipline on Cora as a result of the conduct engaged in by Watkins (because I do not find that he was aware of it), I do note that Cora did not effectively communicate to Red Sox players the sign-stealing rules that were in place for the 2018 season.

No other member of the 2018 Red Sox staff will be disciplined because I do not find that anyone was aware of or should have been aware of Watkins’s conduct. The Club’s front office took more than reasonable steps to ensure that its employees, including Watkins, adhered to the rules. Notwithstanding these good faith efforts to comply with the rules, however, the Red Sox organization ultimately is responsible for the conduct of a member of its advance scouting staff.

The full report is here. As with the Astros, Manfred did not discipline individual players, in part because he needed their cooperation in the probe, and in part because the collective bargaining agreement did not allow for it. Judging from what I saw on Twitter, the overwhelming response is “that’s it???”, which I can understand. For sure, it seemed like Cora, who was already fingered in the Astros’ 2017 banging scheme and then apparently brought that experience to Boston, would get a harsher sentence. Apparently not. No idea why it took this long to release the report – it was likely ready to go in March, before everything was about COVID-19 – but whatever. It is what it is at this point, and if we can ever get to being able to bitch about it while real games are being played, I’ll be grateful for that. Fangraphs has more.

DraftKings lawsuit tossed

Score one for the Astros.

Did not age well

A federal judge in New York mixed technical points of law with humor and theatrical flourishes in delivering a rousing defeat Friday to a group of baseball daily fantasy players who sued the Astros, Red Sox and Major League Baseball, claiming they were defrauded by the sport’s electronic sign-stealing scandal.

U.S. District Judge Jed Rakoff’s 32-page opinion in the case, filed by fantasy players from Massachusetts, California, Texas, Florida and California, begins by quoting from the 1956 film “High Society” and then dismantles the plaintiffs’ case while delivering a brief scolding to the Astros and Red Sox for their misdeeds.

While Rakoff, according to a 2014 magazine profile, is a Yankees fan who keeps a baseball autographed by Hall of Fame reliever Mariano Rivera on his desk, he nonetheless dismissed the fantasy players’ complaint as “verbose, rhetorical and conclusory” — conclusory referring to a conclusion that is unsupported by facts — in dropping the case against two teams that are hardly on any list of Yankees fans’ favorites.

Rakoff began by noting that baseball celebrates stealing, if only of a base, and noted that it also can “lead our heroes to employ forbidden substances on their (spit) balls, their (corked) bats or even their (steroid-consuming) selves.

“But as Frank Sinatra famously said to Grace Kelly in the 1956 movie musical ‘High Society,’ ‘There are rules about such things,’” the judge wrote. “One of these rules forbids the use of electronic devices in aid of the players’ inevitable efforts to steal the opposing catcher’s signs.

“In 2017, and thereafter, the Houston Astros, and somewhat less blatantly the Boston Red Sox, shamelessly broke that rule, and thereby broke the hearts of all true baseball fans. But did the initial efforts of those teams, and supposedly of Major League Baseball itself, to conceal these foul deeds from the simple sports bettors who wagered on fantasy baseball create a cognizable legal claim?

“On the allegations here made,” the judge concluded, “the answer is no.”

See here and here for the background. A copy of the judge’s ruling is embedded in the story. There are still other lawsuits out there for the Astros to contend with as a result of the sign stealing scandal, but this one is done for now. We’ll see if the plaintiffs try to appeal. ESPN has more.

Won’t you join our lawsuit?

This is going to keep giving me content for years.

Did not age well

After filing two sign stealing-related lawsuits against the Astros on behalf of Houston season-ticket holders, a Corpus Christi law firm is asking Dodgers and Yankees fans who attended 2017 postseason games in Houston if they, too, are interested in suing the ballclub.

The websites yankees-astros-scandal.qualified-case.com and dodgers-astros-scandal.qualified-case.com were launched by the firm Hilliard Martinez Gonzales. Both sites were advertised on Facebook in an effort to contact fans of the teams that traveled to Houston for playoff games in 2017, when the Astros beat the Yankees and Dodgers en route to the World Series title.

“We’re trying to find people who traveled to Minute Maid Park, Yankees or Dodgers fans, who spent money in flights, hotel rooms, rental cars, to watch a game that was not fair,” said John Duff, an associate with the Hilliard firm.

“They didn’t get their money’s worth, and we wanted to see if any of those potential clients want to get compensated.”

The Yankees website asks, “Are you a Yankees fan that traveled to Houston for the ALCS in 2017?” The Dodgers site asks, “Were you a Dodger ticket season holder during the 2017 season?”

Both sites note that the Astros were penalized by Major League Baseball for using electronic methods to steal catcher’s signs and adds, “This is unfair to paying Yankees (or Dodgers) fans and compensation should be demanded.”

Any potential suits on behalf of Dodgers or Yankees fans would be filed in Texas state court or in federal court in California or New York, Duff said. He declined to estimate how many answers the firm had received in response to the inquiries.

“There was confirmed cheating during the ALCS and World Series, and those tickets are more expensive and the damage model is higher,” Duff said.

See here and here for the background. As this story notes, the three Harris County lawsuits have all now been consolidated and moved into one court, the 152nd Civil Court. I don’t have anything to add, I just look forward to the next chapter in this highly entertaining story.

Another lawsuit the Astros want tossed

It was the first one filed against them relating to the banging scheme.

Did not age well

The Astros have asked a Los Angeles Superior Court judge to dismiss a lawsuit filed against the team, owner Jim Crane and baseball operations employee Derek Vigoa by former Blue Jays pitcher Mike Bolsinger, who says his career was ruined by the Astros’ 2017-18 sign-stealing scheme.

The motion, filed by Los Angeles attorney John C. Hueston, says the case is “utterly devoid of merit.” More critically, however, it says California is not the proper venue and that Bolsinger’s suit should be dismissed or stayed until it can be resolved by a court in Texas.

[…]

While asking that the case be dismissed, the Astros’ attorneys say that Texas is the proper forum, if the case proceeds, because the Astros are based in Texas and Bolsinger resides in Texas, They add that Texas would be a more cost-efficient venue because virtually all witnesses and documents are in Texas and because the sign-stealing occurred in Texas.

In addition, attorneys say, California has little to no stake in the matter because no allegedly harmful activity occurred in California and no California residents claim to have been harmed.

They also say the case would clog California’s already-overburdened court system and that forcing the Astros to defend the case in California in a case “with such limited connections to California” could dissuade other out-of-state businesses from doing business in California.

“Texas courts are well-equipped to address the relief sought by (Bolsinger), and all private and public interest factors demonstrate that Texas is a far more convenient forum than California,” attorneys add.

In a separate filing, the Astros’ attorneys say California courts lack jurisdiction in the case because the defendants lack sufficient minimum contacts with California. The case, they add, is “objectively frivolous for a host of reasons.”

See here for the background. There will be a hearing on the motions on June 12. I tend to agree that this lawsuit is more or less without merit, but as we know I Am Not A Lawyer, so take that for what it’s worth.

Astros move to dismiss season ticket holder lawsuits

How about some non-coronavirus baseball-related news? I got some for ya.

Did not age well

The Astros have asked Harris County district judges to dismiss the three lawsuits filed against the ballclub by ticketholders who claim they were defrauded by the sign-stealing scandal in 2017-18.

In each case, attorneys for the ballclub say ticketholders lack standing to file suit, that their claims against the team are barred by the statute of limitations and that plaintiffs have failed to state a claim upon which a court could grant a judgment against the Astros.

Each answer describes the Astros’ system of electronic sign-stealing as “a source of great disappointment to Astros fans as well as to the Astros organization” and notes that individual players and owner Jim Crane have offered apologies.

“There is, however, no legal standing for season ticket holders … to recover damages for their disappointment over the Astros’ performance for any of the seasons they may have been implicated in the controversy,” the filings add.

“As many courts have held, a ticket holder has only the right to enter a venue and to have a seat for the ticketed game, and cannot complain afterwards that the game should have been played differently.

“The plaintiffs here do not allege that they were deprived of those rights, and they were not. Therefore, defendants deny that the plaintiffs are entitled to any relief in a court of law.”

The Astros seek dismissal of all three lawsuits and ask that they be awarded costs for their defense.

See here for the background, and listen to this episode of Effectively Wild for actual legal analysis of these and other lawsuits related to the banging scheme. As noted in my previous post, each was filed in a different court in Harris County, which may possibly be a complicating factor. I still think these will all ultimately be dismissed, but you never know. The Astros and others still face the fantasy baseball lawsuit, which they have also moved to dismiss. Hey, I didn’t say this was baseball-content baseball news, just that it wasn’t coronavirus-related baseball news. Gotta take what you can get these days.

MLB, Astros, Red Sox respond to DraftKings lawsuit over sign stealing

It’s motion to dismiss time.

Did not age well

As baseball’s electronic sign-stealing case joins the long list of sports-related court cases, attorneys for the the Astros, Red Sox and Major League Baseball all say that while fantasy sports bettors may be angered by rules violations, that doesn’t mean they’re entitled to monetary damages as a result of cheating.

All three parties filed responses late last week in a proposed class action case filed in a New York City federal court against the two teams and MLB over purported damages resulting from the 2017-18 sign-stealing scandal.

The two cases filed in New York have effectively been rolled into one case as bettors have joined forces against the MLB entities.

All three responses to the lawsuit filed by DraftKings customers cite court decisions in such past brouhahas as the New England Patriots’ “Spygate” case in 2010, boxer Mike Tyson’s ear-biting assault upon Evander Holyfield in 1997 and the New Orleans Saints’ “Bountygate” scandal of 2009-11 in asking U.S. District Judge Jed S. Rakoff to dismiss this case.
“Every court that has been faced with similar claims by disappointed fans … has soundly rejected such a claim recognizing that these types of issues are best resolved on the field and not in the courtroom,” attorneys for MLB wrote. “The same result should obtain here.”

In similar fashion, attorneys for the Astros wrote that fans “have no express or implied right to an event free of penalties, undisclosed injuries, rules violations, cheating or similar conduct. … There is no legal claim for a violation of a sports league’s internal rules.”

See here for the background, and here for more sign-stealing-lawsuit stuff. A copy of the Astros’ motion to dismiss is in the story. I don’t have anything to add to this, but if you’d like to hear an actual lawyer give real lawyer-like opinions and analysis of the various sign-stealing lawsuits and their merits, I recommend you listen to this episode of Effectively Wild, which will give you a firm footing on the subject. Courthouse News and the Associated Press have more.

More Astros lawsuits

This one was filed by a dissatisfied customer.

Did not age well

An Astros season ticket holder has filed suit in Harris County District Court against the ballclub, accusing the team of negligence, breach of contract and violations of the Texas Deceptive Trade Practices Act in conjunction with the 2017-18 electronic sign-stealing scandal.

The suit, filed Friday by Beaumont attorneys Mitchell A. Toups and Richard L. Coffman on behalf of season ticket holder Adam Wallach of Humble, seeks class action status for Astros full and partial season-ticket holders from 2017 through 2020 and damages in excess of a million dollars.

The Astros are accused of “deceptively overcharging (fans) for season tickets while defendants and their employees and representative knowingly and surreptitiously engaged in a sign stealing scheme … and secretly put a deficient product on the field that could result (and now has resulted) in severe penalties” from Major League Baseball.

As a result of the scheme, the lawsuit claims, season ticket holders are owed refunds of what attorneys say were inappropriate increases in ticket prices for the last four seasons. The suit also seeks treble damages for the Astros’ “knowing, willful, intentional, surreptitious, wrongful and unconscionable conduct.”

In addition, attorneys seek an order that would prevent the Astros from increasing season ticket prices for at least two years.

There were already two other lawsuits against the Astros over the whole sign stealing thing; this story notes yet another, a hand-written (!) lawsuit from a guy in Nevada who lost money in both 2017 and 2018 betting on the Dodgers to win the World Series. The day will come when this sort of story will end, but today is not that day. I Am Not A Lawyer, and I have my doubts that this will survive a motion to dismiss, but the Chron asked some actual lawyers, and maybe it can.

With three potential class action lawsuits pending against the Astros in Harris County courts, the scene is set for what attorneys say is a multi-layered, landmark legal battle that could test the wits and knowledge of lawyers, judges and jurors and perhaps extend beyond information disclosed in Major League Baseball’s report.

“This is a complicated mess,” said Talmage Boston, a Dallas attorney who has written two books on baseball’s history and is a member of the Texas Baseball Hall of Fame. “We have never seen anything like this before. There will be nothing easy about this case.”

Two additional lawsuits were filed against the ballclub Tuesday, bringing to at least seven the number of cases in state and federal court stemming from the electronic sign-stealing scheme in 2017-18 that resulted in Major League Baseball sanctions against the ballclub.

In the two latest suits, filed by the Hilliard Martinez Gonzales law firm in Corpus Christi, attorneys will seek authority to collect testimony that could go beyond details collected by the MLB probe that led to the firing of Astros manager A.J. Hinch and general manager Jeff Luhnow by team owner Jim Crane.

John Duff, an associate with the Hilliard firm, said attorneys for the ticket holders will attempt to question not only current and former Astros players and management but also MLB executives and players and managers from other teams, extending the boundaries of the MLB probe.

[…]

Sports-related lawsuits are not uncommon, with examples including the NFL’s “Spygate” affair with the New England Patriots and cases filed by disgruntled New Orleans Saints fans over officiating decisions that affected playoff games.

None of those cases proceeded to trial. Boston, however, said he believes the three Harris County cases, each of which seeks to represent season ticket holders who say they were defrauded by the Astros’ misdeeds, have a chance to proceed.

“The Astros will try to get them dismissed, but I think they will get teed up in front of a jury,” Boston said. “There are some compelling facts, and the evidence discovery will go deeper than anything we know in terms of what (MLB commissioner Rob Manfred) had in his investigation.

“It really is a can of worms.”

So who knows what might happen. Each case is in a different court, and there may be an effort to move them to federal court, which the plaintiffs will resist. I still have my doubts, but it sure would be interesting to see what the discovery process might uncover.