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Astros again seek to dismiss Bolsinger lawsuit

They will probably succeed.

Did not age well

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

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

[…]

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

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

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

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

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

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

Former MLB pitcher re-files lawsuit against Astros

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

Did not age well

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

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

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

[…]

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

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

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

Should Harris County lower its threat level?

Maybe?

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

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

Our COVID numbers are staying down

Let’s keep this going.

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

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

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

[…]

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

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

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

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

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

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

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

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

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

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

Astros aim for half-full

To start out with.

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

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

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

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

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

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

[…]

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

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

Take me out to the ballgame?

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

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

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

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

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

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

Luhnow lawsuit dismissed

Nothing left to litigate about, apparently.

Did not age well

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

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

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

[…]

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

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

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

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

More on the Luhnow lawsuit

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

Did not age well

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

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

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

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

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

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

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

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

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

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

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

Luhnow sues Astros

This ought to be entertaining.

Did not age well

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

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

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

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

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

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

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

[…]

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

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

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

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

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

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

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

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

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

Did not age well

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

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

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

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

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

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

[…]

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

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

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

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

Astros ticketholder lawsuit update

I share because I care.

Did not age well

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

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

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

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

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

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

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

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

No Yankees letter yet

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

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

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

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

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

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

A twist in the sign stealing story

We’ll see how twisted it gets.

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

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

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

[…]

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

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

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

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

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

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

Reopening 3.0

Who wants to go to a water park?

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

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

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

[…]

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

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

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

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

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

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

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

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

[…]

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

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

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

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

Arguments due this week in Astros sign stealing lawsuits

Here we go.

Did not age well

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

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

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

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

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

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

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

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

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

Call it the MLB Plan 3.0 for having a season.

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

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

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

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

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

[…]

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

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

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

[…]

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

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

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

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

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

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

Manfred finally disciplines the Red Sox for their sign stealing

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

Executive Summary

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

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

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

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

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

Discipline

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

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

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

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

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

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

DraftKings lawsuit tossed

Score one for the Astros.

Did not age well

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

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

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

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

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

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

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

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

Won’t you join our lawsuit?

This is going to keep giving me content for years.

Did not age well

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

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

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

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

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

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

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

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

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

Another lawsuit the Astros want tossed

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

Did not age well

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

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

[…]

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

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

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

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

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

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

Astros move to dismiss season ticket holder lawsuits

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

Did not age well

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

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

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

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

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

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

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

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

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

It’s motion to dismiss time.

Did not age well

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

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

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

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

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

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

More Astros lawsuits

This one was filed by a dissatisfied customer.

Did not age well

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

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

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

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

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

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

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

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

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

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

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

[…]

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

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

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

“It really is a can of worms.”

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

Astros offer an apology

We’ll see how it goes for them.

From a local newscast in LA

Astros players issued their first public apology after being involved in a cheating scandal that rocked baseball in the offseason.

“I am really sorry about the choices that were made by my team by the organization and by me,” Astros third baseman Alex Bregman said in a press conference at the team’s spring training facility in West Palm Beach, Fla. “I have learned from this and I hope to regain the trust of baseball fans. I would also like to thank the Astros fans for all of their support. We as a team are totally focused on moving forward to the 2020 season.”

Jose Altuve followed up with a similar apology and said the team had a meeting Wednesday to talk about how they should move forward.

“I want to say that the whole Astros organization and the team feels bad about what happened in 2017,” said Altuve in a 38-second statement. “We especially feel remorse for the impact on the fans and the game of baseball, and our team is determined to move forward, to play with intensity and to bring back a championship to Houston in 2020.”

[…]

“At that meeting last night, the players showed tremendous remorse, sorrow and embarrassment for their families, organization, city of Houston and baseball,” Astros manager Dusty Baker said. “I want to ask for the baseball world to forgive them for the mistakes they made.”

Astros owner Jim Crane, who fired manager A.J. Hinch and general manager Jeff Luhnow when baseball released its report on the Astros’ cheating scandal, also apologized.

“I want to say again how sorry our team is for what happened,” Crane said. “I want to repeat this will never happen again on my watch.”

I’ll get to Crane in a minute, but suffice it to say not everyone was convinced. I do think this will simmer down over time – if nothing else, the Red Sox punishment is coming, and that will provide a distraction and another target for fans to aim their displeasure – but it will be present for the season, if not longer. Every first meeting against another team, every time an Astros player gets hit by a pitch, any time someone pops off on Twitter, the whole saga will get rehashed. And if there are further revelations, well, as the man once said, hold onto your butts.

As for Astros owner Jim Crane, maybe he should have hired a better apology-writer.

The Astros, who now stand, in the words of one analyst, as “baseball’s unfaithful spouse,” tried to address the 2017-18 sign-stealing scandal Thursday with a hybrid communications strategy that observers say left questions unanswered and failed to mollify the team’s critics.

While observers were more generous toward comments by Astros players in the spring training clubhouse at West Palm Beach, Fla., they were less complimentary of the 30-minute news conference staged by owner Jim Crane, which included brief remarks by players Jose Altuve and Alex Bregman.

Gene Grabowski, a partner at the crisis communications firm kglobal in Washington, D.C., said the Astros were ill-served by advisers in planning the opening news conference that got the morning off to a rough start.

“The core of the problem is that the team’s owner and players tried to declare the crisis over before it’s really over,” Grabowski said. “They sounded arrogant when they said they are moving on. That’s for the fans and sports writers to say — not guilty players and owners.

“The team’s news conference was ill-conceived and poorly presented. It was a horrible performance that has actually made the situation worse for the Astros.”

Mike Androvett, who owns a public relations, marketing and advertising firm that works with attorneys in Dallas and Houston, said the news conference failed to put the past to rest and, instead, “reinforced that the 2017 World Series win will likely be forever tainted.”

[…]

Marjorie Ingall with the website sorrywatch.com, which tracks and rates messages of public contrition, said the Astros news conference “was spectacular in its horridness. It’s the way not to apologize. It’s every example of terrible corporate policy.”

Among Crane’s failures during his news conference, Ingall said, was refusing to acknowledge the damage the Astros inflicted on their opponents.

“You have to apologize to the people you’ve harmed,” she said. “If you’re not doing that, you’re not really apologizing.”

She did, however, have good words for Astros shortstop Carlos Correa, who began his remarks in the clubhouse with the phrase, “We were wrong for everything we did in 2017.”

“That’s the first sentence of a good apology: ‘We were wrong,’” Ingall said.

Well, maybe the worst is now over. Gotta think positive, right? Sports Illustrated has more.

Former MLB pitcher sues Astros

Good luck with that.

Did not age well

A pitcher who has not appeared in a major league game since getting shelled by the 2017 Houston Astros filed a civil lawsuit against the ballclub on Monday, according to USA Today.

In the filing made Monday in Los Angeles Superior Court, Mike Bolsinger accused the Astros of unfair business practices, along with negligence and intentional interference with contractual and economic relations, the report said. Bolsinger is seeking unspecified damages and wants the team to forfeit its 2017 playoff bonuses toward Los Angeles charities.

[…]

Toronto designated Bolsinger for assignment following its 16-7 loss that night. Bolsinger has not thrown a major league pitch since — ending a major league career that spanned 230 2/3 innings and three teams. He threw in the Japanese League in both 2018 and 2019.

Data compiled by Astros fan Tony Adams showed there were 54 bangs during the game in question — more than any other contest Adams charted.

See here for more on Tony Adams, and here for that USA Today story. Bolsinger was never a particularly good major leaguer, so it seems safe to call this a reach, but that doesn’t mean this will have no effect.

In other words, he could have company. Worth keeping an eye on, in any event.

“You guys Codebreaking?”

You thought the Astros sign stealing saga was over? It’s not over.

Did not age well

Roughly four weeks ago, Major League Baseball disciplined the Houston Astros for what commissioner Rob Manfred called the “banging scheme.” The Astros were busted illegally stealing signs in 2017 and 2018. The scheme involved banging a nearby trash can to relay the signs to the hitter at the plate.

Here is a recap of Houston’s punishment:

  • $5 million fine (maximum allowed by MLB Constitution)
  • Manager A.J, Hinch suspended one year (he was then fired)
  • GM Jeff Luhnow suspended one year (he was also fired)
  • Top two draft picks in 2020 and 2021 forfeited

In his nine-page report detailing the investigation, Manfred explained the Astros stole signs illegally throughout their 2017 World Series season and early in 2018 as well. The report says the investigation “revealed no evidence to suggest that Luhnow was aware of the banging scheme.” There appears to be more to the story, however.

According to a bombshell report by the Wall Street Journal‘s Jared Diamond, Manfred sent Luhnow a letter 11 days before the discipline was announced saying “there is more than sufficient evidence to support a conclusion that you knew — and overwhelming evidence that you should have known — that the Astros maintained a sign-stealing program that violated MLB’s rules.”

Diamond reports an intern showed Luhnow an algorithm used to decode signs in September 2016. The spreadsheet, nicknamed “Codemaker,” was fairly rudimentary — someone would manually input the sign sequence and the pitch, and the algorithm would decipher the pattern — but illegal nonetheless. The system was also referred to internally as the team’s “dark arts.”

The Astros used Codebreaker to decode signs during home and road games, according to Diamond, and the information was passed on to the dugout. As Manfred detailed in his report, the information was initially used by runners at second base. Eventually the Astros started banging on garbage cans to cut out the middle man and relay signs even with the bases empty.

See here and here for some background. There’s more:

Among the other details that have come to light:

  • The use of Codebreaker continued into 2018 and not just at home games, but also on the road. Until this point, it was assumed that the Astros only used their system at home. This story suggests they used at least some version of it on the road.
  • Luhnow, however, told MLB that he thought the use of Codebreaker was only for decoding signs after games, not in real-time.
  • The Codebreaker system was developed by Derek Vigoa, then an intern and now the Astros’ senior manager for team operations.
  • Tom Koch-Weser, the team’s director of advance information, plays a central role in this latest story. He told MLB investigators Luhnow would “giggle” at the name “Codebreaker.” Koch-Weser said Luhnow would sometimes say, “You guys Codebreaking?” when he came to the Astros video room during road games. Luhnow denied this to the Wall Street Journal.
  • Koch-Weser would often call the system the Astros’ “dark arts,” according to e-mails obtained by MLB. He said once in a team Slack channel, referring to Luhnow: “I know the secrets that made us a championship team, some of which he[’]d definitely feel a lot safer if they were kept in-house.”
  • Another Astros front-office staffer Matt Hogan told MLB investigators that no one tried to hide their actions from Luhnow. “It would have been something to show we were working and get validation of our work,” Hogan told investigators.
  • Luhnow was updated via e-mail by many in the front office about Codebreaker, the investigation shows, however Luhnow’s defense was that he didn’t read the full e-mails.
  • Regardless of Luhnow’s claim he didn’t know about any of this, Manfred’s letter said, “there is more than sufficient evidence to support a conclusion that you knew—and overwhelming evidence that you should have known—that the Astros maintained a sign-stealing program that violated MLB’s rules.”

I’m not sure what’s worse at this point, the new details about how entrenched in the organization this all was – you saw that this was happening on the road, too, right? – or how pathetically incomplete the Manfred report was. We can think of it as more like the Barr-summary-of-the-Mueller-report rather than the real report, because as before, it pointed us in a totally wrong direction. We need to be asking Rob Manfred a lot of questions about this.

The Journal states that the league’s evidence included knowledge of the existence of Codebreaker, yet the league’s report completely omits it and exonerates Astros non-uniformed personnel. The league’s report also somewhat pointedly omits any mention of actions prior to 2017, even though Manfred apparently knew about the Codebreaker implementation and that program’s 2016 origins.

Why?

Why did MLB not punish any personnel besides Lunhow? The intern who reportedly originally presented Codebreaker to Lunhow, Derek Vigoa, is now Houston’s senior director of team operations. For that matter, why has nothing become of Kevin Goldstein, who according to a report from Jeff Passan asked his scouts to point their cameras into other teams’ dugouts? That information became public before the conclusion of the league’s investigation. Is the front office-driven nature of the scheme the reason that AJ Hinch never put a stop to the banging?

Beyond that, what happened in 2018 when the use of Codebreaker stopped? Was it because there was a better system implemented, and was there front office-driven cheating in 2019? Tom Verducci point-blank asked Hinch whether there was truth to the rumors that the Astros used buzzers to convey signs during the interview that aired tonight on MLB Network. Hinch stated that the league found that no buzzers were used (h/t to Brendan Kuty for transcribing the full exchange). That’s not exactly a “no.”

It’s also worth noting that the Journal states that the aforementioned euphemism “dark arts” was used in the Advance Scouting Department’s 2019 budgeting spreadsheet. Is that a reference to the initiative Goldstein proposed, a new sign-stealing scheme, or something else entirely?

A lot of things about this whole story never added up. Why didn’t Hinch ever flat-out tell the players to cut it out? Why didn’t they get the message when he went as far as to smash the monitors, and did so twice? How could Luhnow – and owner Jim Crane, for that matter – not know about any of this?

The picture is becoming clearer now. We still need more information, and the question of Crane’s knowledge of these matters is still not satisfyingly resolved. But for some reason, MLB decided to conceal this side of the story, and decided to leave everything that happened before 2017 out of the report. Baseball deliberately shielded everyone in the Astros’ front office besides Jeff Luhnow.

Rob Manfred needs to tell us why.

Yes, he does. Also, maybe people need to ask AJ Hinch some more questions, too. We’re about to find out the fate of the Red Sox, as well as MLB’s plan for avoiding this kind of scandal in the future. My advice is to treat this in the same way the large organizations that are serious about cybersecurity treat that threat to their business: Hire people whose mission it is to monitor for this activity in real time, who proactively review past data for signs of misbehavior, and who use intel and other techniques to hunt for bad actors and actions proactively. I’m sure MLB already has cybersecurity experts on their payroll. They need to take that to the next step and treat this as a threat to their business, because it is. Rob Arthur and ESPN have more.

Lawsuit filed over sign stealing effect on fantasy baseball

This ought to be interesting.

Major League Baseball (MLB) teams secretly distorted player statistics and deprived fans of an “honest fantasy baseball competition,” a lawsuit filed by a fan alleges in the fallout to a sign-stealing scandal involving the Houston Astros and the Boston Red Sox.

The lawsuit, which named MLB, the Houston Astros and the Boston Red Sox as defendants, was filed in a Manhattan federal court on behalf of all fans who participated in DraftKings’ fantasy baseball contests, which plaintiff Kristopher Olson claimed were tainted by the sign-stealing scandal.

“At the very least, all of DraftKings’ fantasy baseball contests from early in the 2017 baseball season through the end of the 2018 regular season and into the 2019 season, were tainted by cheating and compromised, at the expense of DraftKings’ contestants,” according to the filing on Thursday.

DraftKings’ fantasy sports and betting operations are big business; it said in December it would go public this year in a deal putting its value at $3.3 billion.

The complaint claimed MLB has actively promoted fantasy baseball competition through its equity stake in fantasy sports and gambling company DraftKings.

CBS News and ClassAction.org have more details about the lawsuit if you want a deeper dive. I don’t play fantasy sports, but the basic idea is you draft a team, you designate which players “start” in a given game that is actually being played, and you get points based on the statistical performance of your players in those games. The idea here is that pitchers on fantasy teams who were designated to start against the Astros did worse than they would have because of the sign stealing, and since MLB knew about the sign stealing and didn’t do anything about it at the time, while they were also promoting and profiting from fantasy baseball, they were essentially defrauding the fantasy team owners. It seems a bit of a stretch to me, but there’s real money at stake. It’s also pretty clear that there’s more to the sign stealing story than what has been made public so far, and if this suit is allowed to proceed there’s a good chance we’ll learn a lot more about what really happened. So I’m very interested to see what happens.

Documenting the bangs

You have to admire the dedication to craft.

Did not age well

Like so many in Houston, Tony Adams and his family had to flee their inner-Loop home when Hurricane Harvey pushed Houston’s bayous out of their banks in August 2017.

Weeks later, Adams watched the 2017 World Series from the couch at a friend’s house, celebrating the Astros’ victory. Last fall, though, he was left crestfallen by allegations that the Astros had resorted to electronic sign-stealing en route to the 2017 championship.

Adams, however, did not fret in silence. As a web developer and graphic designer, he had the skills to discern what the Astros had done and the ability to document their actions in a comprehensive fashion that not even Major League Baseball chose to provide.

Accordingly, Tony Adams’ signstealingscandal.com website, which documents 8,274 pitches of 58 Astros games in 2017, has become a milestone of baseball scholarship — a public footprint of how the Astros did or, in some cases, did not, abuse technology for their own benefits in 2017.

“This is a difficult subject for Astros fans,” Adams said. “I think any reasonable fan has hurt feelings about it. The fact that it happened during our one World Series championship, I can’t help but think differently about that World Series.

“The Astros were so good in 2017 that I expected them to win the World Series, which you never want to do as a fan. I don’t think they needed to do this, which is what makes it so tragic.”

Adams devised a computer program that allowed him to discern 1,143 pitches at Minute Maid Park in 58 games that were preceded by banging sounds. The bangs were delivered by Astros players hitting a trash can after picking up signs captured by a centerfield camera to signal the batter that a breaking pitch or off-speed pitch was on the way.

Baseball scholars already are parsing Adams’ data for clues and trends, which he said was his goal. A portion of the website logs each pitch and the result of the at-bat, using his observations linked to data from MLB’s Statcast pitch-tracking system.

A writer for Baseball Prospectus determined that the sign-stealing caper may have hurt the Astros as much as it helped them. Writers for The Athletic speculate that data for at-bats by George Springer, Evan Gattis, Carlos Correa and Jake Marisnick could help explain why each batter reduced strikeout totals significantly in 2017.

Adams, meanwhile, tries to leave interpretations to others.

“People are able to see that there are certain players who probably had less involvement with the banging scheme,” he said.

Chief among that group was 2017 American League MVP Jose Altuve, who ranked near the bottom of the list in terms of the percentage of pitches on which banging sounds were recorded. Adams said he was meticulous about his research but was particularly precise regarding Altuve, giving each of his at-bats a second listen to make sure he wasn’t missing anything.

I’m really glad he did this, because the efficacy of many well-known ways of cheating in baseball – spitballs, corked bats, PEDs – is very much an open question. The best solution to sign stealing may well be an abundance of evidence that it doesn’t help the teams that try it. This isn’t conclusive, of course – not all of the pitches were charted, other teams may have been more efficient at this than the Astros, other methods of cheating or further refinements to this type of cheating may pay greater dividends – but it’s at least a pragmatic argument against the practice, for those times when the moral and ethical arguments fall short. Gotta start somewhere. A recent episode of the Effectively Wild podcast contains a thirty minute interview with Adams if you want to know more about this. Kudos for the good work, Tony Adams.

We have an Astros apology

From a former player, not a current player. It’s still something.

Dallas Keuchel

Twelve days later, an apology appeared on the south side of Chicago, from a bearded face that was constant throughout the Astros’ now-ruined renaissance.

“Was it against the rules? Yes it was,” Dallas Keuchel said. “And I personally am sorry for what’s come about the whole situation.”

Keuchel, now a member of the White Sox, became the first Astros player past or present to formally acknowledge and apologize for the electronic sign-stealing scandal that’s rocked the sport and cost four men their jobs.

The 2015 Cy Young winner spoke Friday at White Sox FanFest, directly addressing many topics his former Astros teammates have avoided. Keuchel, who left Houston as a free agent after the 2018 season, was an All-Star who threw 1452/3 innings during the 2017 World Series-winning season.

“It’s just what the state of baseball was at that point in time,” Keuchel said, according to the Chicago Tribune. “… It is what it is, and we’ve got to move past that. I never thought anything would’ve come like it did. I, myself, am sorry.”

Of the five current Astros players who’ve spoken since Major League Baseball released its findings Jan. 13, none have expressed remorse or assumed any culpability. Owner Jim Crane said this week he expects the team to come together at spring training, discuss its next steps and perhaps issue “a strong statement” of apology.

“First and foremost I think apologies should be in order for, if not everybody on the team,” Keuchel said. “It was never intended to be what it is made to be right now. I think when stuff comes out about things that happen over the course of a major-league ball season, it’s always blown up to the point of ‘Oh, my gosh, this has never happened before.’”

Keuchel said that he’s spoken to some of his former Astros teammates and reported “there is sorrow in some guys’ voices.”

Most, Keuchel said, are unhappy at Mike Fiers’ decision to speak on the record about the ploy to The Athletic in November. Fiers’ on-record account was the catalyst for MLB’s investigation.

“A lot of guys are not happy with the fact that Mike came out and said something or the fact that this even happened,” Keuchel said. “But at the same time, there is some sorrow in guys’ voices. I have talked to guys before and this will be going on for a long time and I’m sure in the back of guys minds this’ll stay fresh.”

I mean, was that so hard? It’s not even that abject, doesn’t really admit wrongdoing, but it at least acknowledges that an apology is called for. Keuchel gets a bit of a discount, for being a pitcher and thus not a beneficiary of the banging scheme, and for being a former Astro, but if you start from there and are sincere about it, what you end up with should be fine. But the longer this drags on, the less it will mean. Don’t keep us waiting.

Is there an Astros apology coming?

Maybe.

Did not age well

A “strong statement” of apology could be forthcoming from the Astros players involved in electronic sign-stealing during the 2017 and 2018 seasons, owner Jim Crane said Tuesday.

In response to interviews given by Jose Altuve and Alex Bregman on Saturday at FanFest, Crane said his players are “just getting some advice to take it easy.”

Neither Altuve nor Bregman addressed specifics of the sign-stealing scheme — one Major League Baseball determined was “player-driven” — nor did they accept culpability for the fallout when presented the option. Manager A.J. Hinch and general manager Jeff Luhnow were fired after the league released its investigative findings.

“When we get down to spring training, we’ll all get them together and they’ll come out with a strong statement as a team and, I think, apologize for what happened and move forward,” Crane said Tuesday prior to the Houston Sports Awards.

Crane said the players who’ve spoken have been “holding back a bit” and are apparently awaiting spring training to formulate a response.

“Everyone is split up. It’s a team,” Crane said. “We’re going to sit in a room and talk about it, then we’ll come out and address the press. All of them will address the press, either as a group or individually. Quite frankly, we’ll apologize for what happened, ask for forgiveness and move forward.”

You know my opinion. I just hope that if and when they do offer an apology, it’s genuine and heartfelt and not one of those “if anyone was offended” abominations. Better to fully embrace being the heel than to half-ass it, that’s my advice. Joe Holley has more.

You can’t move on from something you haven’t faced up to

That’s not how it works.

Did not age well

Neither Jose Altuve nor Alex Bregman, two principal players on a 2017 team that executed what Major League Baseball commissioner Rob Manfred described as a “player-driven and player-executed” system to violate baseball’s rules and defraud the game, chose Saturday to address specifics of a nine-page report on the scandal that led to the dismissal of general manager Jeff Luhnow and manager A.J. Hinch.

If there is remorse and apology, that will come later, perhaps next month after the ballclub gathers at West Palm Beach, Fla, for spring training. But for the moment, if there are fences to be mended, feelings to be reconciled or trust to be regained, Astros fans apparently will be left to their own devices.

Until the players speak, the focus of the Astros’ efforts to cope with and move past what some have described as baseball’s worst performance-related scandal in a century remains on owner Jim Crane, who made the decision last Monday to fire Hinch and Luhnow rather than settle for the suspensions imposed by MLB commissioner Rob Manfred.

By firing his manager and general manaager, said Gene Grabowski, a principal with the public relations firm kglobal, the Astros have made the appropriate sacrifice for their sins to the Lords of Baseball.

“They have thrown the virgin into the volcano,” Grabowski said.

With that, he said, the most important task facing Astros management is to move ahead, as Crane has done by apologizing to season ticket holders, contacting sponsors and receiving what he described as messages of continued support.

“You have to get past this,” Grabowski said.

[…]

Astros alumni Jeff Bagwell and Lance Berkman also emphasized the need to look ahead.

“When I get a spanking from my dad, he doesn’t quit loving me and I don’t quit being his son,” Berkman said. “The Astros aren’t going to stop being part of Major League Baseball. You have to accept the punishment and move on.

“This is a clean organization. This is not a dirty organization. This is not a tricky organization. All these things notwithstanding, this is a great organization, and I think it will continue to be.”

Bagwell agreed with Altuve that it’s too early for players to react to the specific charges outlined in the commissioner’s report.

“Everyone is still trying to wrap their heads around it,” he said.

Others, however, favor a more direct approach. Jeff Van Gundy, the former Rockets coach who now works for ESPN, said the forgiving nature of Houston fans and the old saw that confession is good for the soul would be a better avenue than silence.

“You don’t have to get into specifics, but you can say, ‘I’m sorry for the role that I played in this, and I promise the Astros fans that not only will I promise not to do it again, I won’t tolerate anybody else doing it,’ ” Van Gundy said.

While some fans will scoff at the idea that players did anything wrong by violating the rules in a sport where competition is everything and winning is the only thing, Van Gundy said, “The earlier you deal with it, the more forthright you are, the better.

“Saying ‘I screwed up’ is the hardest thing to do. But it’s the simplest way to be forgiven.”

I’m with Van Gundy here. Look, the main thing we know here is that other than then-coach Alex Cora, the whole “banging scheme” was player-devised and player-driven. Yet for a variety of understandable if debatable reasons, MLB chose to punish only the manager and GM. This has not only left the public wanting players to be held accountable as well, it’s also left every member of the Astros team from 2017 and 2018 under a cloud. That cloud isn’t going anywhere until the players themselves talk about their own role in what happened, whether as a ringleader, beneficiary of the scheme, or just someone who didn’t care for it but didn’t speak up about it. This isn’t complicated. The Astros themselves can feel however they want about all this, but if they want other people to move on, they need to own what they did and apologize for it.

Update on the little girl hit by the foul ball

Man, this breaks my heart.

The 2½-year-old girl who suffered a skull fracture when hit in the head by a foul ball at an Astros game May 29 continues to be treated for a brain injury that has left her at lasting risk for seizures, an attorney representing the girl’s family said.

Attorney Richard Mithoff, who represents the child’s family, said the girl continues to receive anti-seizure medication more than seven months after she was struck by a line drive off the bat of Chicago Cubs player Albert Almora at Minute Maid Park.

“She (the child) has an injury to a part of the brain, and it is permanent,” Mithoff said. “She remains subject to seizures and is on medication and will be, perhaps, for the rest of her life. That may or may not be resolved.”

Mithoff said the child’s brain injury has affected her central nervous system in a manner that doctors described as being equivalent to a stroke. Areas of the brain affected, he said, include those in which injuries can result in seizures, loss of sensation and loss of spatial awareness.

Doctors and the child’s parents say other results of the injury include staring spells, periods of unresponsiveness, night terrors and frequent headaches.

“They (doctors) say this is consistent with the kind of injury she suffered,” the attorney said.

Mithoff said doctors have been unable to determine if the child, who turned 2 years old in May, has cognitive deficits as a result of the brain injury and skull fracture. She was struck in the back of the head while sitting in her grandfather’s lap along the third-base line in the ballpark’s lower bowl.

“She is able to continue with much of her routine as a girl her age would do, but her parents have to be particularly vigilant, as they are,” they attorney added. “She has wonderful parents and is receiving wonderful care. They obviously are concerned, but she is blessed with a family that is doing relatively well, considering everything.”

See here, here, and here for the background. I have a hard time just reading these stories; I cannot imagine what the family is going through. All 30 MLB ballparks will now feature extended netting, which is both welcome and overdue, and will hopefully greatly reduce the odds of further injury like this. I know some people don’t like that, and that this will reduce the viewing experience for them. All I can say is that the alternative is not acceptable. Let no one else suffer the way this little girl has suffered.

Luhnnow and Hinch suspended by MLB, then fired by Astros

Wow.

Did not age well

Astros owner Jim Crane fired manager A.J. Hinch and general manager Jeff Luhnow on Monday shortly after Major League Baseball announced the pair would be suspended for a year as part of the penalties for the investigation into alleged electronic-sign stealing.

“Today is a very difficult day for the Houston Astros,” Astros owner Jim Crane said in a press conference Monday. “MLB did a very thorough investigation and the Astros fully cooperated and we accept their decisions and findings and penalties.”

The franchise also was stripped of its first- and second-round picks in both the 2020 and 2021 drafts and fined $5 million.

MLB’s report detailed the Astros’ efforts to steal signs in 2017 and laid out the punishment handed down to the Astros. Crane opted to go a step further.

“I have higher standards for the city and the franchise,” Crane said.

Well, at least the Astros found a way to make everyone forget about the Texans’ playoff disaster. The full report is embedded in the story, and it’s not long, so go read the whole thing. (Or just read the highlights here, but really, read the whole thing.) I’d say this was on the high end of what I thought might happen, but it’s not out of line with my expectations. The key is that the activity continued to occur after the 2017 Red Sox Apple Watch incident, in which Commissioner Manfred (the author of the report) explicitly promised strong punishment if anyone was caught doing stuff like that again. If I’m Alex Cora, who was directly named as a mastermind behind the scheme and is now the manager of another team under investigation I’m probably not sleeping well right now. We can debate at length whether this was fitting or not, or if any punishment is worth winning a World Series, or just put on some oven mitts and read Twitter about it. Let’s just say 2020 is off to a rough start for Houston sports fans.

This also wrapped up the Brandon Taubman investigation – he too was suspended for a year, and will have to apply to the Commissioner’s office for reinstatement. He was also singled out in the report for some sharp rebukes. I’ll be thinking about all this for some time. The Press has more.

UPDATE: This did not age well.

Allegations of electronic sign-stealing “surprised” Astros shortstop Carlos Correa, who acknowledged Saturday he has participated in and cooperated with Major League Baseball’s ongoing investigation into his team.

Appearing at an autograph show alongside Alex Bregman and George Springer, Correa offered the most elaborate comments of any Houston player since the scandal broke last November.

Correa expressed little worry about the organization’s reputation and no thought the 2017 World Series title is in any way tainted. He revealed subtle antipathy toward former teammate Mike Fiers, whose on-the-record allegations about the 2017 team’s actions spurred the investigation.

“He’s a grown man, and he can do whatever he wants to do. It’s a free country,” Correa said. “Knowing Fiers, it was surprising, because we were a team. We were a team. We were all together, and we had a bond, and we won a World Series championship. But this is America, the land of the free. You can say what you want to say.”

I’d say at least a little worry about the team’s reputation is in order at this time. There’s no evidence to suggest that the sign stealing actually benefited the Astros, but that doesn’t matter. Fair or not, this scandal will forever be associated with that title.

It’s not just the Astros

Oh, boy.

The Dodgers have not won the World Series since 1988. They have only appeared in the World Series twice since then, in 2017 and 2018.

Both teams that beat them — the Houston Astros in 2017 and the Boston Red Sox in 2018 — now are under investigation by Major League Baseball over allegations they improperly using technology to steal signs.

During the 2018 regular season, according to a story posted by the Athletic on Tuesday, the Red Sox visited the replay room during games to review signs flashed by opposing teams.

“It’s cheating,” one person who was with the 2018 Red Sox told the Athletic. “Because if you’re using a camera to zoom in on the crotch of the catcher, to break down the sign system, and then take that information and give it out to the runner, then he doesn’t have to steal it.”

The league monitored replay rooms during the 2018 postseason, making it unlikely the Red Sox would have been able to use the system during the World Series.

The Red Sox said in a statement Tuesday: “We were recently made aware of allegations suggesting the inappropriate use of our video replay room. We take these allegations seriously and will fully cooperate with MLB as they investigate the matter.”

See here and here for the most recent updates on the Astro investigation. As a Yankees fan, I’m torn between stifling a giggle, and lighting a thousand candles in the fervent hope that my team isn’t the next one in the barrel. I can believe that some teams may have been doing this more (and more egregiously) than others, but I have no trouble believing that most if not all of them were at least dipping a toe into this kind of illegal activity. In the meantime, Astros fans, enjoy the schadenfreude while you can.