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The Hall of Fame 2021 ballot

Always a favorite time of the year.

While the 2021 ballot announced Monday features former All-Stars such as Torii Hunter, Tim Hudson, Mark Buehrle and Barry Zito, none of its first-timers is an obvious Hall of Famer. The crowded crush of Cooperstown-caliber cases that voting members of the Baseball Writers’ Association of America were presented with in recent years has cleared, and that creates breathing room — and potentially large percentage increases — for the ballot’s hopeful holdovers, notably Curt Schilling, Barry Bonds, Roger Clemens and Omar Vizquel.

BBWAA voters, who have addressed the ballot congestion by voting in 13 players in the past four years, must submit their votes by year’s end. The results will be revealed on Tuesday, Jan. 26, on MLB Network.

Players must have their names checked on at least 75% of submitted ballots to enter the Hall of Fame, which will hold its 2021 induction ceremony on July 25 in Cooperstown, N.Y. The 2020 class featuring Derek Jeter, Larry Walker, Ted Simmons and the late Marvin Miller will also be inducted on this day, after the 2020 ceremony was postponed due to the coronavirus pandemic. The 2021 class will not feature any non-BBWAA inductees, as the Golden Days and Early Baseball Era Committees have postponed their votes until the winter of 2021-22.

Among the new additions to the BBWAA ballot, the highest career Wins Above Replacement figures, as calculated by Baseball Reference, belong to starting pitchers Buehrle (59.1) and Hudson (57.9) and outfielder Hunter (50.7). To put that in perspective, the average bWAR of Hall of Fame position players and pitchers is 69.

What this likely means, therefore, is closer scrutiny of players who have fared well on past ballots but have not yet crossed the 75% threshold. Players are eligible for up to 10 years on the BBWAA ballot. Last year, 397 ballots were submitted and 298 votes were needed for election.

Yeah, there are no newbies on the ballot this year that deserve close scrutiny. I’m rooting for Scott Rolen, Gary Sheffield, and Billy Wagner among the returning candidates, but really all I want is for Curt Schilling to not get inducted. Even in the year 2020, that’s not too much to ask, is it? More from MLB here and the Hall itself here.

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.

MLB is on its way back

What a long, strange trip it was, and who knows how successful any of it will ultimately be. But here we are.

The lack of a deal between MLB and the MLB Players Association led to the league imposing a schedule, as was its right in a March 26 agreement that also guaranteed players a fully prorated portion of their salaries. MLB on Monday told the union it planned to impose a schedule as long as the players would report to training camp by July 1 and codify a health and safety manual that runs more than 100 pages. The players agreed to both on Tuesday.

“All remaining issues have been resolved and Players are reporting to training camps,” the union tweeted Tuesday night.

The season’s success probably depends on MLB’s ability to contain coronavirus spread, an issue the health and safety protocol covers in immense detail. Addressing everything from travel to social distancing to a ban on spitting, the manual is a strict guide for a potential 2020 season and illustrates the difficulty of pulling off such an endeavor.

If it can, MLB in 2020 will look radically different:

  • Teams will play their four divisional opponents 10 times and each of the five interleague opponents in the same geographical area four games apiece.
  • The National League will use a designated hitter.
  • In extra innings, teams will begin with a runner on second base.
  • The trade deadline will be Aug. 31, less than a month before the regular season is scheduled to end
  • Rosters will start at 30 men for the first two weeks, then go to 28 for the next two weeks and stay at 26 for the remainder of the season.
  • Teams will have a taxi squad that allows them to have as many as 60 players available to play in major league games.
  • There will be a special COVID-19 injured list with no minimum or maximum length of time spent on it, while standard injured list stints will be for 10 days, and the typical 60-day stint will instead be for 45 days.

[…]

Under the imposed season, players will receive their full pro rata, a sticking point in negotiations during which owners sought pay cuts in their first three proposals. The players never budged from their stance, and they will receive in total around $1.5 billion — about 37% of their full-season salaries. Players will not receive forgiveness on the $170 million salary advance they received as part of the March agreement, and they are owed no bonus money from the postseason — two items that the league had offered as part of a deal that included the players rubber-stamping expanding the playoffs from 10 to 16 teams.

The players sought a 70-game season in which they would receive $50 million in playoff revenue as well as a cut in 2021 of new money from TV rights in the expanded playoffs. The league also would have received the ability to wear advertising patches on uniforms and the support of players wearing in-game microphones, among other ancillary items.

All potential deals fell apart amid the animus between the parties. That they wound up where they did on Tuesday, agreeing to the implementation of a season after not agreeing on anything for months, served as a bright moment after darkness had shrouded the sport since it shut down in mid-March.

This was more or less where everyone expected things to wind up after what turned out to be MLB and the players’ final offers were rejected. Both sides will now be able to file a grievance claiming the other side did not negotiate in good faith. I’d put more money on the players winning that than the owners. How successful any of this will be given that positive tests have become a frequent occurrence among teams and players in various leagues. I’m ready to see MLB play again, but there’s a big part of me that’s still very dubious, both about whether this can happen and whether it should. For now, it is and it will. The Chron has more.

Fauci and football

I hate to rain on your tailgate, but…

The NFL is planning to begin its season on time, but Dr. Anthony Fauci pulled the reins on that optimistic view Wednesday.

“Unless players are essentially in a bubble – insulated from the community and they are tested nearly every day – it would be very hard to see how football is able to be played this fall,” the director of the National Institute of Allergy and Infectious Diseases said on CNN. “If there is a second wave, which is certainly a possibility and which would be complicated by the predictable flu season, football may not happen this year.”

The NBA and MLS are planning to resume their seasons in July with players in a bubble. So far, the NFL hasn’t publicly discussed that option. A bubble also seems particularly untenable for college football teams on school campuses.

“Dr. Fauci has identified the important health and safety issues we and the NFL Players Association, together with our joint medical advisors, are addressing to mitigate the health risk to players, coaches, and other essential personnel,” the NFL’s chief medical offers Dr. Allen Sills told ESPN on Thursday. “We are developing a comprehensive and rapid-result testing program and rigorous protocols that call for a shared responsibility from everyone inside our football ecosystem. This is based on the collective guidance of public health officials, including the White House task force, the CDC, infectious disease experts, and other sports leagues.

“Make no mistake, this is no easy task. We will make adjustments as necessary to meet the public health environment as we prepare to play the 2020 season as scheduled with increased protocols and safety measures for all players, personnel, and attendees. We will be flexible and adaptable in this environment to adjust to the virus as needed.”

The NFL has maintained that training camps will start in late July and its regular season will begin as scheduled with the Texans playing at Kansas City on Sept. 10.

Don’t anyone tell Greg Abbott or Ross Bjork about this. That story appeared a day before we got stories about MLB and NHL teams closing their training facilities following positive COVID-19 tests. We’ve already seen other stories about NFL and NCAA teams doing the same. It’s more than fair to ask if teams can even keep their own people safe, let alone their customers. I’m as ready as anyone to see my favorite sports leagues and teams again. I just want it to be done safely, and right now the evidence that can be done at this time is not abundant.

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 few bumps in the road for the NBA

How’s that season restarting going?

A month ago, superstar players got on a Zoom call and reportedly created a united front to support a safe return to play. A lot has changed since. Last week, the 28 NBPA player representatives all voted in favor of the league’s proposal (which was approved by the board of governors the day before). But a closer look at the NBPA statement shows that the vote was strictly an approval of “further negotiations” with a caveat that “various details” were still to be negotiated.

Now that we’ve arrived at those various details, different parties have started to speak up with dissenting opinions. Last week, commissioner Adam Silver was fielding concerns about whether older coaches would be allowed to sit on the bench. On Wednesday, ESPN reported that a faction of players is hesitant to restart the season because of a policy that wouldn’t allow visitors until the first round of the playoffs, as well as a lack of motivation for teams unlikely to compete for the championship. Yahoo Sports reported Friday that a “significant” number of players were upset about not having a vote in approving the proposal and that some were reluctant to express their opinion to star players who want to play. Kyrie Irving, who is a vice president of the players union, was reported to be pushing for players to reconsider the planned restart.

[…]

One of the main concerns is that some players believe a return to play would detract from the current protest movement prompted by the killing of George Floyd by police in Minneapolis. Some players have already participated in the nationwide protests, and many have spoken out against police brutality on social media, including LeBron James, who yesterday announced plans to form a voting rights group with other athletes and celebrities. Malcolm Brogdon said on The JJ Redick Podcast that there are players who are interested in sitting out the rest of the season as part of a protest. Garrett Temple, meanwhile, told The Ringer that he believed going to Orlando was the right move and that being there a month before tipoff would give players the opportunity to come up with a plan to send a message.

“When you take a stance on things, you do that to bring attention,” said Temple, who is also an NBPA VP and represented the Nets in the player vote. “Then, after that, you have to actually do something to cause change … so whatever we do, it needs to be something that can cause tangible change in our community, in our game, in our country.”

That initial agreement was reached almost two weeks ago. Players were also surprised to find that the Disney/ESPN quarantine “bubble” doesn’t include Disney/ESPN employees, who will come and go from the site as before. Sure looks like a bit of a risk factor there. Even Commissioner Adam Silver is saying there are still issues to work out, and maybe this won’t be for every player. It still seems likely that the NBA will restart, but (no pun intended) it’s not a slam dunk. Things change fast, and time is limited. Until the teams actually start practicing and games get put on the schedule, it’s not a done deal.

Since I mentioned MLB in that earlier update, which at the time looked to be providing a “don’t be like this” contrast to the NBA, here’s one more Fangraphs article to read about how much the players were willing to negotiate versus how much the owners were willing to negotiate. That forthcoming grievance is gonna be something else.

We’re going to get the default MLB season

Ugh.

The Major League Baseball Players Association asked MLB to set a schedule for the 2020 season rather than counter the latest return-to-play proposal by the league, setting the stage for MLB to implement a significantly shortened schedule and deepening the labor strife between the parties.

In a statement Saturday night, MLBPA executive director Tony Clark rejected MLB’s latest proposal and said: “Further dialogue with the league would be futile. It’s time to get back to work. Tell us when and where.”

A March agreement between the parties allows MLB to set a schedule, and the league has suggested that in the absence of a negotiated agreement with the union it could impose a schedule of somewhere in the neighborhood of 50 games and pay players full prorated salaries worth a total of around $1.25 billion.

MLBPA lead negotiator Bruce Meyer, in a letter sent to deputy commissioner Dan Halem on Saturday night and obtained by ESPN, said: “We demand that you inform us of your plans by close of business on Monday, June 15.”

In a statement on Saturday night, MLB said in part: “We are disappointed that the MLBPA has chosen not to negotiate in good faith over resumption of play after MLB has made three successive proposals that would provide players, Clubs and our fans with an amicable resolution to a very difficult situation caused by the COVID-19 pandemic.”

Upon any implementation of a schedule, players wouldn’t necessarily report to a second spring training immediately, sources told ESPN. The parties still do not have an agreement on a health-and-safety protocol and would need one before players arrive. Any season would be scheduled to start after a three-week spring training, though a coronavirus outbreak could change the league’s plans. Multiple players on 40-man rosters have tested positive for the virus recently, according to sources.

If MLB does implement a season, both parties could file grievances to be heard by an arbitrator, though neither would necessarily delay games being played, sources said. The union could file a grievance that the league did not fulfill its obligation to play the most games possible, sources told ESPN. The March agreement says the league should use “best efforts to play as many games as possible, while taking into account player safety and health, rescheduling needs, competitive considerations, stadium availability, and the economic feasibility of various alternatives.” The league could likewise file a grievance over a lack of good faith negotiations regarding salary by the union, sources said.

Commissioner Rob Manfred told ESPN this week that “unequivocally we are going to play Major League Baseball this year,” placing the chances at “100 percent.”

Here’s the full statement from the MLBPA:

Buster Olney puts most of the blame for this impasse on the owners. I’d make it at least 90-10 in that direction. The owners do have one legitimate complaint, which is that their revenue model depends a lot more on game attendance and associated items like parking and concessions than other sports, where national TV is the bulk of the income. As such, games with no fans will indeed eat into their bottom lines. The problem is that they basically never changed their initial offer, which would have slashed player pay by about a billion dollars, and any claim on their part about their actual financial situation is completely muddled by the secrecy of their accounting. Ben Clemens goes through a very simple exercise in financial engineering to show how owners can make lots of money while showing zero cash balances every year. Even a cursory study of MLB history would cast a large amount of doubt on any financial claims the owners would make.

We’re still not out of the woods here. Safety protocols for the players and everyone who works at the games still need to be established. The NBA has agreed in principle to restart their season, but even they still have player concerns to address before anyone laces up a pair of sneakers. And of course, none of this bodes well for the next round of collective bargaining agreements between MLB and the players. After a long and generally prosperous time of labor peace, it looks like it’s about to get tumultuous. Hold onto your hats.

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.

NBA sets a plan, MLB still working it out

Happening today.

The NBA is finalizing details of a plan which is expected to be approved by the league’s Board of Governors on Thursday, paving the way for a return from the coronavirus shutdown.

The board is poised to give the green light to commissioner Adam Silver’s return of basketball which would begin July 31 with a 22-team format, and end in mid-October with a champion being crowned, ESPN reported.

The plan requires support from three quarters of the league’s 30 teams in order to be approved.

The NBA suspended its season on March 11 because of the global COVID-19 pandemic.

The Milwaukee Bucks, Toronto Raptors, Boston Celtics, Miami Heat, Indiana Pacers, Philadelphia 76ers, Nets and Orlando Magic currently hold the playoff spots in the Eastern Conference.

The Los Angeles Lakers, Los Angeles Clippers, Denver Nuggets, Utah Jazz, Oklahoma City Thunder, Houston Rockets, Dallas Mavericks and Memphis Grizzlies occupy the postseason positions in the Western Conference.

Under the plan, each of the 22 teams will play eight regular-season games for seeding purposes for the postseason.

The 16 teams currently in the playoff picture will be joined by the New Orleans Pelicans, Portland Trail Blazers, Phoenix Suns, Sacramento Kings and San Antonio Spurs in the Western Conference.

In the East, the Washington Wizards are also included.

[…]

All games are expected to be within the confines of Disney’s ESPN Wide World of Sports Complex in Orlando Florida, with all teams remaining on site to minimise risk of COVID-19 outbreaks.

See here for the background. ESPN adds a bit more:

Life in the NBA bubble will be governed by a set of safety protocols. While players and coaches will be allowed to golf or eat at outdoor restaurants, they will also need to maintain social distancing, sources told ESPN’s Ramona Shelburne.

The NBA is planning to have uniform, daily testing for the coronavirus within the Disney campus environment, sources told ESPN. ESPN is owned by The Walt Disney Company.

If a player tests positive for the virus, the league’s intent would be to remove that player from the team to quarantine and treat individually — and continue to test other team members as they play on, sources said.

Employees at the Disney resort will have to maintain similar protocols. For example, no staff will be allowed into players’ rooms, and hallways will be carefully managed to avoid crowding, sources told Shelburne.

Weird, but the NBA had played the bulk of its season anyway, and the playoffs are always a different thing entirely. I just hope those employees at the Disney resort had someone thinking about their welfare as this deal was being hammered out. The Chron has more.

And then there’s MLB:

Major League Baseball has rejected the players’ offer for a 114-game regular season with no additional salary cuts and told the union it did not plan to make a counterproposal, sources confirmed to ESPN.

Players made their proposal Sunday, up from an 82-game regular season in management’s offer last week. Opening Day would be June 30, and the regular season would end Oct. 31, nearly five weeks after the Sept. 27 conclusion that MLB’s proposal stuck to from the season’s original schedule.

MLB told the union it had no interest in extending the season into November, when it fears a second wave of the coronavirus could disrupt the postseason and jeopardize $787 million in broadcast revenue.

While management has suggested it could play a short regular season of about 50 games with no more salary reductions, it has not formally proposed that concept. Earlier this week, multiple players told ESPN that they would not abide a shorter schedule, with one saying, “We want to play more games, and they want to play less. We want more baseball.”

See here for the previous update. If this sounds dire to you, let me refer you again to Eugene Freedman, who’s been around this block a few times.

Basically, it looks like the sides have agreed to the March deal, and now need to work out the safety and testing details, plus what to do if a player wants to opt out. Maybe the NBA getting set to start at the end of July will inspire them to agree on some version of their July 4 Opening Day season. Fingers crossed. The Chron has more.

MLB players make their counteroffer

Back to the owners.

The Major League Baseball Players Association delivered a return-to-play proposal to MLB on Sunday that includes a 114-game season, deferred salaries in the event of a canceled postseason and the option for all players to opt out of a potential 2020 season due to coronavirus concerns, sources familiar with the details told ESPN.

The proposal, which was the first from the union and came on the heels of an MLB plan that was loudly rejected by the players, comes at a seminal moment as baseball tries to become the first major American professional sport to return. Although the players expect the league to reject it, they hope it will serve as a bridge to a potential deal this week.

The 114-game season, which under the union’s proposal would run from June 30 to Oct. 31, is expected to be immediately dismissed by the league; MLB has proposed an 82-game season and suggested that the more games teams play this year, the more money they lose. The union remains steadfast that players should receive their full prorated salaries, while MLB’s plan included significant pay cuts that affected the highest-paid players the most but covered all levels.

The inclusion of potential deferrals in Sunday’s proposal was an acknowledgement by the players that amid the coronavirus pandemic and unrest around the country, cash-flow issues could prove problematic for owners. The deferrals would occur only if the playoffs were canceled, a concern the league has voiced, and would total $100 million. They would apply to players whose contracts call for $10 million-plus salaries and include interest to make them whole.

Deferrals could be part of any counter from the league, which had not officially responded to the union’s proposal Sunday. With the desire to start a season by the first week of July, both parties recognize that time is of the essence for a deal.

While MLB’s 67-page health-and-safety protocol draft included the ability for high-risk players — those with preexisting conditions or family members more susceptible to COVID-19 — to opt out of the season, the union’s proposal suggests that players can do so and receive salary. Players not deemed high risk would be able to opt out but would not receive salary.

See here for the background. I would recommend you read these Twitter threads about collective bargaining by Eugene Freedman for a better understanding of what the players are doing. As he describes there and in the latest Effectively Wild, the owners’ proposal to cut salaries and the players’ offer of a longer season are both basically non-starters unless the other side agrees to reopen the matter. Now that they have both asserted that they won’t open those matters, the real negotiations about health and safety can begin. At least, that’s the hope. If there’s going to be progress on this, it will probably happen this week, but you never know. Fangraphs has more.

UPDATE: Lookie here:

Now, maybe, we are getting somewhere.

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.

MLB’s latest startup proposal

The league still wants to stick it to the players.

Major League Baseball drew the ire of the players’ union Tuesday with an economic proposal that called for a significant cut in salaries that would affect all players and particularly the game’s highest paid, sources familiar with the proposal told ESPN.

The long-awaited plan, the first volley in an expected back-and-forth that will determine whether baseball returns in 2020, proposed a marginal salary structure in which the lowest-paid players would receive close to a full share of their prorated salary and the game’s stars receive far less than expected.

Players immediately bristled at the proposal, which includes an 82-game schedule that would begin in early July after a 21-day spring training, sources familiar with the plan said. Teams would play three exhibition games in the final week before starting a regular season that would finish Sept. 27.

The MLB Players Association is expected to reject the plan and counter in the coming days with a proposal that could include a longer season, according to sources.

The league’s proposal, which includes bonuses if postseason games are played, offers lower-salaried players a higher percentage of their expected wages and would give some of the game’s biggest stars a fractional cut of their salaries. The formula the league offered, for example, would take a player scheduled to make the league minimum ($563,500), give him a prorated number based on 82 games ($285,228) and take a 10% cut from that figure, leaving him with a $256,706 salary.

[…]

Although the proposal would keep a larger proportion of players close to their whole salaries — about 65% make $1 million or less and would receive more than 80% of their prorated salaries — players young and old objected to the plan, which they believe runs in contrast to a March agreement with the league that they believe legislated that players be paid full prorated salaries upon the return of baseball.

The league believes language in the deal calls for good-faith negotiations with the union about the economic feasibility of playing with no fans, which MLB expects to do upon a return. The league initially considered proposing a 50-50 revenue split with the players, citing massive losses due to the coronavirus pandemic. MLBPA executive director Tony Clark immediately rejected the idea, equating it to a salary cap.

See here for the background. Basically, this PR move by the owners is to stick to the highest-paid players, in an attempt to divide the union and make the players look as unsympathetic as possible to the public. I’ll outsource the analysis of this to Jay Jaffe, who sums it up as follows:

While this proposal does bear some resemblance to a progressive taxation scheme, the question that needs to be asked is why it’s the millionaires, whose careers have limited windows, bearing the brunt of the economic impact instead of the billionaire owners for whom annual profits — and for MLB, which has seen revenues grow for 17 straight years, there have been a whole lot of those — and losses pale in comparison to escalating franchise values. That’s without even considering the disproportionate risk the players are assuming by returning to play amid the pandemic. It’s not just their livelihoods that are at risk, it’s their lives. They can’t write those losses off.

Here’s a convenient timeline of the action so far, with some fact-checking as needed. By the way, while the owners as a whole are targeting the stars, one franchise is also sticking it to their minor leaguers, always a classy move. I’ll give a last word on this to Joe Sheehan:

More insidious, though, is the principle behind the plan. It’s asking Mike Trout to give money to Arte Moreno. Trout is rich; Moreno is wealthy. When Moreno had leverage, he paid Trout as little as he could. Now he’s asking Trout to give him back basically all the money Trout made in the first four years of his career.

Of course, any possibility of baseball or any other sport relaunching at this time is highly dependent on testing and keeping the players and coaches and umpires and staffers and everybody working at the stadiums COVID-free. Michael Baumann digs into what that means.

I asked Abdul El-Sayed, an epidemiologist and the former health commissioner for the city of Detroit, whether we know enough about COVID-19 to plan for games in October and November. “Yes, we do know enough about the virus,” El-Sayed says, “to know that we can’t make decisions five to six months in advance.”

One thing baseball has going for it compared to other major team sports—football, basketball, and so on—is that the actual gameplay isn’t particularly conducive to COVID-19 transmission. “An outdoor sport like baseball where [players are] not breathing heavily in each other’s faces seems like a good candidate for a sport that can return,” says Laura Albert, an associate professor of industrial and systems engineering at the University of Wisconsin whose research includes the optimization of emergency and public health systems.

While Albert isn’t worried as much about the in-game component of MLB’s plan to return in July, though, she has other concerns. Namely, even if the league prohibits sunflower seeds, tobacco, and spitting, there would still be plenty of scenarios during which a player with the virus could spread it to others. “There will be positive cases and there will be transmission between players,” she says. “And I anticipate it happening on airplanes and buses, in the locker rooms or bathrooms. It’s not totally clear how we can change those spaces to be safe if there’s a bunch of people using them.”

[…]

MLB’s return, whenever it happens, is already being heralded as a sign of things returning to normal. Indeed, as much as baseball fans miss the game itself, that touchstone to a more comfortable time is a huge reason why even a limited season is such an attractive proposition. But MLB has already accepted that if the league is going to have a prayer of making it to the World Series this year, the game won’t look, feel, or sound the same as it has in the past.

“Our lives are not going back,” Albert says. “They’re not returning to what they were like before, and there’s not one way we could really control the spread of COVID-19—there’s many things we have to do. And so it’s great that the leagues are embracing this. It’s not window dressing. I think it’s important for us to get used to these things.”

There’s a limit not only to what MLB and the MLBPA can do to ensure that the game is safe, but also to what they can know and predict. It will certainly be difficult for such a powerful industry to comprehend that idea, but it will be necessary for the baseball world to understand and embrace it. Given how COVID-19 works, the data on infection rate leaves investigators and public officials to work on a lag.

“We’re not dealing with linear dynamics here. That’s the hard part that I think is confounding so many of our best efforts to respond reasonably,” El-Sayed says. “You’re talking about exponential growth. Everything that we see today is information about the dynamics of the virus two weeks ago. And so all of a sudden you could be having exponential growth dynamics that only start showing up after it’s too late for you to act to stop them.”

As much as everyone is tired of having the course of the country and the economy determined on a fortnightly basis, [Thomas J. Duszynski, the epidemiology education director at the Richard M. Fairbanks School of Public Health at Indiana University–Purdue University Indianapolis] says that’s about as far ahead as we can responsibly plan right now. He’s open to the idea of MLB coming back—but only if the league is willing to stop the season if conditions change. “If they go down this road and start to play games, which personally I hope they do, and we see a shift in that science that says, ‘Hey, wait a minute, the disease is getting worse again,’ is MLB going to be able to pull this back?” he says. “Are they going to be able to shut it down and still survive?”

Both El-Sayed and Duszynski believe that it’s possible that a leaguewide infection could progress to the point where MLB simply can’t press on.

“God forbid a player dies because of this,” Dusynski says. “What kind of ripple effect would that have through Major League Baseball?”

I’m actually not that worried about a player dying. It could happen, but it would be unlikely. I’m much more worried about a coach, or an umpire, or a stadium staffer dying. Or a member of a player’s family, or a family member of one of these other groups. That could happen regardless – about 0.7% of players have already had COVID-19, per the MLB antibody study. Clearly, the risk is greater if the games are played. The players have the most leverage to assess and try to mitigate the risk to themselves and their families. I hope that’s sufficient for everyone else.

The NBA inches closer to a return

We’ll know more soon.

NBA teams are expecting the league office will issue guidelines around June 1 that will allow franchises to start recalling players who’ve left their markets as a first step toward a formal ramp-up for the season’s resumption, sources told ESPN.

Teams expect a similar timeline from the league on when they’ll be allowed to expand individual workouts already underway with in-market players to include more team personnel, sources said.

The NBA suspended the 2019-20 season on March 11 because of the coronavirus pandemic. The league is discussing a step-by-step plan for a resumption of the season that includes an initial two-week recall of players into team marketplaces for a period of quarantine, one to two weeks of individual workouts at team facilities, and a two- to three-week formal training camp, sources told ESPN.

Barring an unforeseen turn of events, many NBA owners, executives and National Basketball Players Association elders believe commissioner Adam Silver will green-light the return to play in June — with games expected to resume sometime before the end of July, sources said.

The NBA is still considering a two-site format for the return of the season, including Orlando’s Walt Disney World and Las Vegas, sources said.

See here for some background. That story was from Thursday. As of Saturday, things had progressed a bit further.

The NBA is going to Disneyworld. Or at least, it hopes to save its season and declare a champion in a single-site scenario outside of Orlando.

In the most public sign yet that the NBA is hopeful that it can resume its 2019-20 season amid the coronavirus pandemic, NBA spokesman Mike Bass said the league has begun exploratory talks with the Walt Disney Company about using its venue in central Florida to hold practices and games without fans present.

“The NBA, in conjunction with the National Basketball Players Association, is engaged in exploratory conversations with The Walt Disney Company about restarting the 2019-20 NBA season in late July at Disney’s ESPN Wide World of Sports Complex in Florida as a single site for an NBA campus for games, practices and housing,” Bass said in a statement.

“Our priority continues to be the health and safety of all involved, and we are working with public health experts and government officials on a comprehensive set of guidelines to ensure that appropriate medical protocols and protections are in place.”

The MLS is also looking at Orlando, at the ESPN Wide World of Sports facility. I don’t know how much that might complicate the logistics, but one presumes they will figure it out. The Chron had reported earlier in the week that the Toyota Center in Houston had been in the discussion as a potential venue, but that is apparently no longer in play. It’s possible the NBA will go straight into a playoff system, or it may play some more regular season games but eliminate the teams with the worst records to limit the number of people required to be there. I guess we’ll find out soon enough.

As you know, Major League Baseball has also been working on a season-starting proposal, though in typical fashion the owners are making up claims about financial losses in an attempt to back out of the previous agreement with the players and squeeze them on salaries. I suspect this will get resolved at some point, in which case we may suddenly have a lot of sports coming back to us. Assuming, of course, that there isn’t a big post-reopening spike in infections or other insurmountable obstacle. But if things go as the optimists hope, we could go from no sports to a fairly full slate in a hurry. We’ll see.

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.

Here’s the MLB season-starter proposal

Make of it what you will.

Major League Baseball owners gave the go-ahead Monday to making a proposal to the players’ union that could lead to the coronavirus-delayed season starting around the Fourth of July weekend in ballparks without fans, a plan that envisioned expanding the designated hitter to the National League for 2020.

Spring training would start in early to mid-June, a person familiar with the decision told The Associated Press. The person spoke on condition of anonymity because details of the plan were not announced.

[…]

Teams will propose that players receive the percentage of their 2020 salaries based on a 50-50 split of revenues MLB receives during the regular-season and postseason, which likely will be among the most contentious aspects of the proposal during negotiations with the players’ association.

That proposal would take into account fans being able to return to ballparks at some point, perhaps with a small percentage of seats sold at first and then gradually increasing.

Rosters would be expanded from 26 to around 30. With minor leagues shuttered, there likely will be the addition of about 20 players per club akin to the NFL’s practice squad.

MLB officials are slated to make a presentation to the union on Tuesday.

Players and teams agreed to a deal on March 26 that called for each player to receive only a portion of salary, determined by what percentage of a 162-game schedule is played. As part of that deal, if no season is played each player would receive 2020 service time matching what the player earned in 2019.

But that deal is contingent there being no restrictions on mass gatherings at the federal, state, city and local level; no relevant travel restrictions in the U.S. and Canada; and Commissioner Rob Manfred after consulting the union and medical expects, determines there is no risk to playing in front of fans at regular-season ballparks.

Players and teams committed to “discuss in good faith the economic feasibility of playing games in the absence of spectators or at appropriate neutral sites.” Manfred has said about 40% of MLB revenue is tied to gate, including concessions, parking, ballpark advertising, luxury suites and programs.

Union officials and players have cited the March 26 agreement as setting economic terms and say they have no inclination for additional cuts.

See here for the background and some more details about the initial proposal. I’m going to hand this off to Fangraphs for some deeper analysis.

In a half-season scenario, if teams lost nearly all of their stadium revenue, and every other revenue and expense stream (including player payroll) were cut in half, there’s an argument that the owners might lose about $50 million per team this season. While that’s still about $2 billion shy of the profits they’ve made over the previous three seasons ($4 billion including BAMTech money), it’s a significant loss. Of course, the vast majority of those non-stadium revenues will not be cut in half. MLB is still in a very good position with its television partners, and even getting 75% of non-stadium revenue would allow the league to break even without renegotiating the deal it previously agreed to with the players. And that’s before we even get to teams taking lower annual local rights fees in exchange for ownership stakes in regional sports networks, which might send another half-billion dollars or more to teams annually. Those profits aren’t included in the revenue sharing among teams, and similar issues will make revenue sharing with players incredibly difficult to determine.

And even if we were to assume that by playing half a season without fans MLB is going to operate at a loss paying the players half their salaries, and then further decide that players should share a greater part of the burden of potential losses in the form of revenue sharing despite not having received any of the benefits of increasing profitability the last three years, what constitutes revenue in this scenario? Calculating revenues in a normal year is hard; calculating them this year will be near-impossible. We can talk about the under-market local TV deals of the Red Sox, Mets, Yankees, and Cubs, which siphon off baseball revenue in the form of network ownership, as a potential sticking point but even more difficult is determining revenue on national and local television deals and sponsorships.

If a team or the league agrees to take a discounted amount for a television deal or local sponsorship in order to make more money in future years, would such a deal require player approval? After all, the team or the league would be actively negotiating away money that might go to the players this year, but wouldn’t in future seasons when revenue sharing wasn’t in effect. The league and teams have longstanding relationships with their television partners and sponsors and they want to keep each other happy and provide each other with the biggest possible return on those relationships. The players are uniquely disadvantaged when trying to determine revenue due to these relationships and the potential for moving money around to the advantage of the parties already engaged in the deal. Involving the players will only lead to more acrimony and bigger headaches down the line.

So I dunno. I would dearly love to see baseball start again, if it is sufficiently safe, but I have no desire to see the players sacrifice their salaries for the owners’ benefit. I’m sure there’s room to make this work better, if the sides are willing to talk. We’ll see how the players react. ESPN has more.

MLB’s restart plan is coming

Get ready.

According to multiple reports, commissioner Rob Manfred will present a blueprint for the season’s resumption during a Monday conference call with league owners. From there, the first formal proposal for a return to play would be given to the Players Association, perhaps as early as Tuesday.

Reports on Saturday characterized the situation as still extremely fluid, with many hurdles to overcome. Approval is not only needed from the players but also from local governments and medical experts with whom the league has been in constant consultation.

According to reports, the plan presented to owners is expected to contain an 80-game season that begins in early July with the goal of playing as many games as possible in empty home ballparks.

Some form of a second spring training would be required in June — either at home ballparks or at facilities in Florida and Arizona. Active rosters would have to be expanded beyond 26 players, perhaps as big as 45 or 50, according to The Athletic.

Teams would play exclusively against their divisional opponents and against their geographic counterpart in the other league — meaning the Astros could face teams in only the American League and National League West. The postseason would expand from 10 to 14 teams, too.

Concerns about harder hit areas of the country, travel and the availability of widespread testing for COVID-19 are still obvious. What to do if a player or staff member tests positive is still unknown.

In an agreement between the league and its players association on March 26, MLB promised not to resume its season until there were no bans on mass gatherings, medical experts determined there was no health risks for players, team personnel fans or ballpark staff and travel restrictions were lifted in the United States and Canada.

The agreement did offer flexibility for the league and union to discuss playing in empty stadiums, which is now almost a certainty. The economic impacts of such a scenario could offer the most discontent between the league and players union.

The three-divisions plan, with teams playing in their (likely empty) stadia against the teams geographically closest to them is different from the three states plan, which was the last one I had taken note of, but it’s in the same vein. The idea is to minimize travel (which also reduces costs) and make it easier to keep the players close by. Whatever gets proposed will have to be approved by the players, who have their own concerns about safety and compensation and other things. There’s basically no other news out there about this right now, or at least there wasn’t yesterday when I drafted this. I’m sure we’ll see more once the actual plan has been released. In the meantime, I am hopeful that we are on a path to getting baseball back, and more than a little concerned that it’s all an illusion that will not be able to withstand the reality of our situation. I’m sticking with the hope for now.

Hey look, there’s baseball!

Welcome to the KBO:

Those craving live baseball can soon get a fix.

ESPN announced Monday an agreement with Eclat Media Group to televise six live Korean Baseball Organization games per week. KBO Opening Day [was] Tuesday and ESPN [began] its telecasts then, with a midnight game between the NC Dinos and Samsung Lions.

Former Astros outfielder Preston Tucker is among the handful of American-born players set to start his season. Tucker’s Kia Tigers will play at 4:30 a.m. Friday against the Samsung Lions on ESPN. KBO games will not have fans.

ESPN’s deal includes the KBO postseason and best-of-seven championship series. ESPN’s familiar crew of broadcasters and analysts — Jon Sciambi, Karl Ravech, Eduardo Perez, Jessica Mendoza and Kyle Peterson — will call the games remotely from their home offices.

[…]

In an interview last month, Tucker detailed the many steps taken by the KBO to get its season back. Tucker must take his temperature in the morning, at night and before he enters the ballpark. Any player or staff member with an elevated temperature is not allowed to enter the facility.

The KBO issued new regulations and guidelines that included a ban on spitting and cautioned against high-fiving or handshakes. Tucker said players have been advised not to go to malls or movie theaters, but are permitted to go out to dinner or take walks around their home city.

“If you’re on the field, they’ve checked you out 100 percent that you’re at least not sick and not running a fever,” Tucker said. “If you make it into the stadium, they’ve pretty much cleared you if you’re healthy.”

FanGraphs has the first week’s schedule and a bunch of links to acquaint yourself with the league. The times are not great for an American audience, but that’s why God gave us DVRs. You’ll want to check out My KBO and its Twitter feed for English-language stats, history, highlights and more. The one thing my wife and I didn’t get to do that I wanted to do when we were in Seoul about 20 years ago was see a baseball game there. (We did get to see a game in Tokyo on that same trip, which was a phenomenal experience.) It’s been a wish list item for me for awhile now. I’ll probably tune into some games on ESPN, which among other things will help me see how weird this experience will be without a live crowd, since that will probably be what we get when one of the crazy plans being floated gets adopted.

I should note that the KBO is not the only game going on – the Chinese Professional Baseball League, from Taiwan, is also playing games. There are no English language broadcasts of the CPBL that I am aware of, but they will soon have live fans at the games. I’m glad for them, and also super jealous. I’m so ready for baseball here as well.

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.

Whither college football?

All NCAA spring sports were canceled due to coronavirus, beginning with March Madness and going through baseball and softball and soccer and everything else. Everyone has been looking forward to the fall when things were supposed to be back to “normal” again, but no one knows for sure what might happen.

NCAA Division I college sports in Texas is a billion-dollar business for the 23 participating schools, and athletic directors estimate 75 percent to 85 percent of that revenue is tied directly to football in terms of ticket sales, sponsorships, media rights fees and, for most schools, direct contributions from the students or the university.

All those revenue streams are in jeopardy with 20 weeks to go before the scheduled football season openers in late August, which is why college athletic directors are game-planning every potential scenario that comes to mind.

“The financial repercussions of not playing a football season are so significant there is going to be a way to do it and play it and do it responsibly,” University of Houston athletic director Chris Pezman said last week on KBME (790 AM), the school’s sports flagship station.

“If you don’t have that revenue stream that is associated with football, it gets dire very fast. … I am confident we are going to find a way through this and we’ll be able to play the season, whether it’s pushed back a little bit or the idea of playing in the spring.”

At Texas A&M, athletic director Ross Bjork is running through similar scenarios involving the mathematics of time and money.

Regular and postseason football requires four months with the addition of the College Football Playoff, and that must be preceded, Bjork said during a conference call last week, by a 60- to 75-day preparation period for players who have been outside the watchful, demanding eyes of strength coaches for several weeks.

John Sharp, Texas A&M’s chancellor, said last week October would not be too late to begin a complete 2020 season, which would presume a return of players, based on Bjork’s time model, in mid-July.

However, what flies in Texas might not work in other states.

As an example, the executive officer of Santa Clara County in northern California, which includes Stanford University and Levi’s Stadium, home of the San Francisco 49ers, said last week he did not expect “any sports games until at least Thanksgiving, and we’d be lucky to have them by Thanksgiving.”

A&M, Bjork noted, is scheduled to play Colorado at College Station on Sept. 19. There’s no guarantee, however, Colorado will be in the same stage of recovery as Texas by mid-September.

Accordingly, Bjork said he expects a “layered” approach to football’s return, based on the advice of conference and university leaders and local and state governments.

“There’s not one trigger point,” he said. “We’re all just guessing, really. We don’t know what the data will tell us. We can model, but until you know when you’re starting or when you can have togetherness, it’s kind of hard to predict.”

It’s hard to imagine how sports like Major League Baseball can contemplate their return if the start of the NCAA football season is in jeopardy. Of course, MLB has the “play their games in hermetically sealed stadia in a small number of locations with no fans” option, which college football does not. I don’t doubt the desire or the intent to bring the games back, even if starting the season in December and essentially playing a spring season is a possible way forward. But as with everything else, there’s only so long you can push back one season before you push up against the next one, and there’s no way to know what the effects will be on fans, who may not be ready to tailgate and pack into venues just yet. It’s good for the leagues to prepare for all possibilities. You never know, things might go better than expected. It’s just all so massively weird right now.

The Arizona/Florida Plan

Let’s call this the MLB Plan 2.0 for playing a season.

Major League Baseball, assessing myriad proposals, has discussed a radical plan that would eliminate the traditional American and National Leagues for 2020, a high-ranking official told USA TODAY Sports, and realign all six divisions for an abbreviated season.

The official spoke on the condition of anonymity because the proposal is one of several being discussed.

The plan would have all 30 teams returning to their spring training sites in Florida and Arizona, playing regular-season games only in those two states and without fans in an effort to reduce travel and minimize risks in the midst of the COVID-19 pandemic.

The divisions would be realigned based on the geography of their spring training homes.

The plan would allow teams to return to the comforts of their spring training sites for three weeks of training, which would also include exhibition games, before opening the regular season and playing a schedule with wholly different divisional opponents.

[…]

The Arizona-Florida plan has several advantages, including allowing teams to establish home bases with facilities they are familiar with. There would be 26 ballparks available to be used, including three major league domed stadiums – Tropicana Field in St. Petersburg, Florida, Marlins Park in Miami and Chase Field in Phoenix.

Financially, it could be a huge boon for the TV rights holders. You could have a captive TV audience the entire day. Games in Florida could begin at 11 a.m. ET and still have games in prime-time for East Coast teams and their fans. The time slots still would permit West Coast teams to play prime-time games in Arizona.

Baseball, even with the realignment, could still play 12 games apiece against their new divisional opponents and six games apiece against the other teams in the state. There would be at least one doubleheader a night when all teams are scheduled to play because of the odd number of teams in each state.

The DH would likely be universally implemented as well.

There could still be division winners and wild-card winners, perhaps adding two more wild-card teams to each league, or a postseason tournament with all 30 teams.

The winner of the Cactus League in Arizona would play the winner of the Grapefruit League in Florida for the World Series championship, utilizing the domed stadiums in late November.

See here for the previous, Arizona-only idea.Plan 2.0 followed pretty quickly, which suggests MLB heard the criticisms of that scheme and either had this in its back pocket or came up with it quickly. One potential problem with this idea is that each of the two “leagues” has 15 teams in it, and since there won’t be any travel between Florida and Arizona, that would lead to scheduling challenges. Those challenges can be overcome in a variety of ways, some more conventional than others. Again, we don’t know what’s truly realistic right now, and we don’t know what will actually work in the real world, but it’s a worthwhile exercise to try and figure out something that could work. It costs nothing to brainstorm, and who knows, we might be in a better position than we think. May as well be ready for it if that happens.

The NBA tries to look forward

Hope + uncertainty = where we are right now.

While expressing a hope that bordered on determination that the NBA would be able to salvage its season in some form, commissioner Adam Silver also said the unknowns in the COVID-19 crisis are greater than even three-plus weeks ago when he suspended the season and that no decisions will be coming soon.

“Essentially, what I’ve told my folks over the last week is that we should just accept that for at least the month of April we won’t be in a position to make any decisions,” Silver said in a Twitter interview with TNT’s Ernie Johnson on Monday. “I don’t think that necessarily means on May 1 we will be.

“That doesn’t mean internally and in our discussions with our players and the league we aren’t looking at many different scenarios for restarting the season. But I think it is just honestly too early, given what is happening right now, to be able to project or predict where we’ll be in a few weeks.”

Silver said he hopes “to try to finish a regular season in some form and then move on to the playoffs” but that the league has not made any decisions.

He said the NBA initially was considering options for regular and postseason schedules based on potential restart days but has learned that even hypotheticals were relying on excessive guesswork.

“We just have too little information to make those sorts of projections,” Silver said. “I will say, though, as we look out into the summer, there does come a point we would start impacting next season. Even there, a few weeks ago nobody thought we were talking about a potential impact on next season independent on what we might choose to do to finish our regular season and playoffs.

“I don’t want to leave anybody under the impression we’re not trying to do everything we possibly can under the right circumstances. Player safety and the health of everyone in the NBA family has to come first. That may mean there is a scenario we can play without fans. That’s something we look a lot at.”

As we know, MLB is also thinking about when it can begin again. Both of these followed a meeting of multiple sports commissioners with Donald Trump, who would really really like it if this coronavirus thing went away ASAP. Again, I’m happy that the leagues are thinking about how this might work for them, but I think May is an aggressively early timeframe for it. The NBA is in some ways more constrained than MLB precisely because they have to start worrying about their next season, which would start in September. If they’re not able to begin playoffs soon, who knows where they’ll be in the fall. It’s just that none of this is really within their control.

MLB begins to contemplate its return

Well, this is interesting.

Major League Baseball and its players are increasingly focused on a plan that could allow them to start the season as early as May and has the support of high-ranking federal public health officials who believe the league can safely operate amid the coronavirus pandemic, sources told ESPN.

Though the plan has a number of potential stumbling blocks, it has emerged above other options as the likeliest to work and has been embraced by MLB and MLB Players Association leadership, who are buoyed by the possibility of baseball’s return and the backing of federal officials, sources said.

The plan, sources said, would dictate that all 30 teams play games at stadiums with no fans in the greater Phoenix area, including the Arizona Diamondbacks’ Chase Field, 10 spring training facilities and perhaps other nearby fields. Players, coaching staffs and other essential personnel would be sequestered at local hotels, where they would live in relative isolation and travel only to and from the stadium, sources said. Federal officials at the Centers for Disease Control and Prevention as well as the National Institutes of Health have been supportive of a plan that would adhere to strict isolation, promote social distancing and allow MLB to become the first professional sport to return.

The May return date depends on a number of concerns being allayed, and some officials believe a June Opening Day could be more realistic, sources said. Most important would be a significant increase in available coronavirus tests with a quick turnaround time, which sources familiar with the plan believe will happen by early May and allow MLB’s testing to not diminish access for the general public.

While health officials see MLB players as low-risk candidates for COVID-19-related issues because of their age and health, putting protocols in place to ensure the health and safety of older managers, coaches, umpires and other personnel would be paramount to the plan working, sources said.

The logistics to pull off such a plan would be enormous and cumbersome on the league side and require the buy-in of players, who sources expect to be skeptical of separating from their families for an indefinite amount of time — perhaps as long as 4½ months, if the inability to stem the coronavirus outbreak keeps teams from playing in their home stadiums in 2020.

Still, there is hope among leadership on both sides that the combination of receiving paychecks for playing and baseball’s return offering a respite to a nation beset by the devastation of COVID-19 would convince players to agree to the plan, sources said.

[…]

While the possibility of a player or staff member testing positive for the coronavirus exists, even in a secured setting, officials do not believe that a positive test alone would necessarily be cause to quarantine an entire team or shut down the season, sources said. The plan could include teams carrying significantly expanded rosters to account for the possibility of players testing positive despite the isolation, as well as to counteract the heat in Phoenix, which could grow problematic during the summer, sources said. The allure of more players potentially receiving major league salaries and service time would appeal strongly to the union, according to sources.

Both sides acknowledge the uniqueness of the season would not be limited to stadium location or roster size. Among the possibilities that have been discussed among people from both sides, though not in the talks on Monday, according to sources:

• Implementing an electronic strike zone to allow the plate umpire to maintain sufficient distance from the catcher and batter

• No mound visits from the catcher or pitching coach

• Seven-inning doubleheaders, which with an earlier-than-expected start date could allow baseball to come closer to a full 162-game season

• Regular use of on-field microphones by players, as an added bonus for TV viewers

• Sitting in the empty stands 6 feet apart — the recommended social-distancing space — instead of in a dugout

Each option, though far from certain, is likely to be bandied about in the coming days as the viability of the plan for everyone involved takes shape.

That’s a lot, and MLB has subsequently clarified that pretty much everything is still under discussion. A June start date may be more feasible, for one thing. I’m glad they’re willing to consider all kinds of outside-the-box ideas, and I’m glad that they are in discussion with the NIH and not just winging this, but there are plenty of reasons to be concerned about this. I mean, if the goal is to avoid having no baseball at all in 2020 – which, let’s face it, is a real possibility – then this is the sort of thinking that will be required. Nothing is sacred other than the health of everyone involved. If that can be managed, then let’s make something work. I’ll be very interested to see where these negotiations go. Fangraphs has more.

UPDATE: The Ringer is dubious:

But one crucial element necessary for the enactment of any “Baseball Biodome”–style plan is missing from these early drafts. It’s the Maldivian resort workers waiting on one couple, trapped by someone else’s flouting of the COVID-19 danger.

Baseball games don’t just need players and coaches and umpires. They also need grounds crews. They need trainers. They need janitors and laundry workers and security, and clubhouse attendants and team chefs and equipment personnel. Team hotels need almost all of those people, too. And games will likely need some sort of scouting or front office framework, and media members. They’ll certainly need television crews on site—even if announcers might be able to call games remotely, camera operators and producers would have to penetrate the biodome—if the goal is to provide entertainment for the masses without fans in the stands.

Thus, two possibilities present themselves. Either all those hundreds (thousands?) of workers spread across 15 stadiums and numerous hotels in Arizona would come into contact with the otherwise completely isolated players and coaches, risking an immediate piercing of the COVID-free bubble, or else all those hundreds (thousands?) of workers would need to be sequestered as well, in which case the logistical nightmare would amplify exponentially.

Yeah, the sheer numbers involved make it seem much less likely to work. And of course, all these other people are paid much less, and thus have much less incentive to go along with this four-months-of-isolation idea. I don’t know how you make this all work. I still think it’s worth thinking about, but we can’t lose sight of reality.

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.

The conditions under which baseball can return

If coronavirus cooperates. Cross your fingers and hope for the best.

Major League Baseball owners have approved a plan to address salary and service-time issues amid the indefinite delay to the start of the regular season, according to ESPN and multiple reports.

The owners completed an agreement reached between MLB and the players’ union Thursday night, which came after nearly two weeks of morning-to-night negotiations that involved players, owners, agents, executives, union officials and commissioner’s office staff.

As part of the agreement, obtained by ESPN’s Jeff Passan, the players and MLB primarily agreed that the 2020 season will not start until each of the following conditions are met:

  • There are no bans on mass gatherings that would limit the ability to play in front of fans. However, the commissioner could still consider the “use of appropriate substitute neutral sites where economically feasible”;
  • There are no travel restrictions throughout the United States and Canada;
  • Medical experts determine that there would be no health risks for players, staff or fans, with the commissioners and union still able to revisit the idea of playing in empty stadiums.

While there was no formal framework in the agreement, owners and players both want to play as many games as possible. The flexibility of both sides was seen in the willingness to extend the regular season into October, play neutral-site playoff games in November and add doubleheaders to the schedule.

That’s the basic gist of it, though I’d recommend you read the whole story. There are a lot of moving parts, and who knows under which conditions Commissioner Manfred might reach for that “appropriate substitute neutral sites” clause. You also have to wonder when leagues like the NBA and NHL, which are in the middle of suspended seasons, will come out with some similar document for their own return. (The NBA is watching the Chinese basketball league to see how their efforts to restart go.) This agreement between MLB and the players’ union will also have profound effects on amateur players and potentially the minor leagues – I recommend you read this Fangraphs article for the details on that. We should all also remember that we’re still on the upslope of this curve. There’s an ending out there and it’s good to look forward to it, but we can’t yet see it from here.

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.

Further delay for Opening Day

Mid-May at the most optimistic, and that’s very likely too soon.

Major League Baseball pushed back opening day until mid-May at the earliest on Monday because of the new coronavirus after the federal government recommended restricting events of more than 50 people for the next eight weeks.

Baseball Commissioner Rob Manfred made the announcement following a conference call with executives of the 30 teams.

“The clubs remain committed to playing as many games as possible when the season begins,” the commissioner’s office said in a statement.

The Centers for Disease Control and Prevention recommended Sunday that gatherings of 50 people or more be canceled or postponed across the country for the next eight weeks.

“The opening of the 2020 regular season will be pushed back in accordance with that guidance,” Manfred said.

No telling at this point when games will start. The All-Star Game at Dodger Stadium in Los Angeles on July 14 could be in jeopardy.

“We’re not going to announce an alternate opening day at this point. We’re going to have to see how things develop,” Manfred told the St. Louis Post-Dispatch at Cardinals camp in Jupiter, Florida. He didn’t want to speculate about the possibility of playing in empty stadiums, saying part of that decision would depend on timing.

See here for the background. This assumes that after eight weeks we will not be under a general directive to greatly limit public gatherings, and that MLB players will be more or less ready to go as soon as that happens. I’ll take the over on this best and assume that sometime in June is a more realistic target. The NBA is currently aiming for mid-to-late June, and if that is how it works out for MLB as well, I’ll be reasonably satisfied. That could yield an MLB season of between 90 and 120 games, depending on when in June things could start and whether the end of the season could be pushed back and/or whether there might be more doubleheaders. I’m sure there will be plenty of discussions between the league and the union, as there are now about pay and service time and what have you. Three months seems like forever now, but if we’re at a point of normality again where sports have returned, I for one will be pretty damn happy. I mean, there are plenty of worse alternatives at this time.

Let’s not play ball

Not just yet, anyway.

Major League Baseball has cancelled the remainder of its Spring Training games, also announcing that the start of the 2020 regular season will be delayed by at least two weeks due to the national emergency created by the coronavirus pandemic.

The decision was announced following a call with all 30 Clubs and after consultation with the Major League Baseball Players Association. Opening Day was originally scheduled for Thursday, March 26.

MLB said the action “is being taken in the interests of the safety and well-being of our players, Clubs and our millions of loyal fans.”

The league will continue to evaluate ongoing events leading up to the start of the season. Guidance related to daily operations and workouts will be relayed to Clubs in the coming days.

MLB and its Clubs have been preparing a variety of contingency plans regarding the 2020 regular-season schedule. The league plans to announce the effects on the schedule at an appropriate time, though MLB also said it “will remain flexible as events warrant, with the hope of resuming normal operations as soon as possible.”

“Nothing is more important to us than the health and safety of our players, employees and fans,” the league said in its announcement. “MLB will continue to undertake the precautions and best practices recommended by public health experts. We send our best wishes to all individuals and communities that have been impacted by coronavirus.”

The National Hockey League and Major League Soccer also announced Thursday that they have suspended their seasons. The National Basketball Association suspended its regular season on Wednesday night for at least 30 days, a move which came after Rudy Gobert of the Utah Jazz tested positive for coronavirus. Thursday, a second Utah player — Donovan Mitchell Jr. — also tested positive.

Additionally, the NCAA announced that all winter and spring sport seasons have been cancelled, meaning that there will be no men’s or women’s NCAA basketball tournament this year, and no men’s and women’s College World Series.

These are scary times, and we won’t have a lot of familiar comforts to get us through them. But get through them we will, eventually. Stay strong and wash your hands.

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.