Archive for Legal

Josh Hader, Punishment, and Redemption

Josh Hader is a lefty relief pitcher for the Milwaukee Brewers. You know this; you read this site. Josh Hader has had, statistically speaking, an awesome season. You don’t accidentally strike out 17 guys per nine — in this case, better than half of all batters he’s faced. And Hader seems to have embraced a role of which other pitchers might be wary of great. So it wasn’t surprising when Jon Heyman tweeted this:

By now, you probably know the rest of this story. During the All-Star Game, whilst Hader was in the midst of a surprisingly poor performance on the mound, Hader’s high-school record suddenly came back to light. As the Washington Post’s Kevin Blackistone explained,

Tuesday night’s revelation [was] that Josh Hader, one of the pitchers showcased in Major League Baseball’s 89th All-Star Game, was a serial hate tweeter as a star athlete at Old Mill High School in suburban Baltimore’s Anne Arundel County.

It’s probably important before continuing to understand what kind of hate, exactly, we’re talking about. (Warning: the content is pretty offensive.)

What we have here is unmistakably racist, homophobic, antisemitic, and misogynistic hate speech. And that doesn’t happen by accident, either.

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The Not-So-Triumphant Return of Jenrry Mejia

Before Noah Syndergaard and Jacob deGrom, before Steven Matz, the face of the New York Metropolitans’ pitching rebuild was a young fireballer named Jenrry Mejia. When he first arrived in the big leagues in 2010, Mejia had a mid-90s cutter that was compared to Mariano Rivera’s, but it was complemented by a collection of underdeveloped secondary pitches. Over the next couple of years, Mejia refined his arsenal and his command; he broke out in 2013, flashing four average or better pitches (cutter, sinker, changeup, slider) and a real ability to miss bats. In that 2013 season, Mejia struck out 24.1% of hitters while walking just 3.6%, en route to a 65 ERA- and identical 65 FIP-. Mejia quieted any small sample concerns the following year, striking out better than a batter per inning (23.5% overall) and posting a mid-3.00s ERA, FIP, and xFIP across 93.2 innings alternating between the rotation and bullpen — and even recorded 28 saves as the Mets’ closer.

And then it all fell apart. Twice in 2015, Mejia was suspended for the use of performance-enhancing drugs. Although he was his old dominant self between suspensions — recording a 25.9% K, 7.4% BB, 53 FIP-, and 0 ERA- in 7.1 innings — his absence opened the door for the next wave of Mets pitchers, including Jeurys Familia, who supplanted Mejia as the team’s closer in the Mets’ historic run to the World Series. Still, there seemed ample room for for the fireballing Mejia to rejoin the Mets in 2016, either in a setup role or as a starter.

And then, on February 12, 2016, just before spring training was scheduled to begin, Mejia tested positive again. Per MLBTradeRumors:

Mets reliever Jenrry Mejia has been banned permanently from the majors after his third positive PED test, according to a league announcement. Remarkably, Mejia tested positive for the banned substance boldenone after earning two suspensions just last year.

And with that, Mejia became the first player ever banned from the majors on the basis of repeated positive tests, per the terms of the Joint Drug Prevention and Treatment Program. Mejia did not take it well, accusing MLB of a “witch hunt,” saying the league had set him up, calling out the MLBPA for not defending him, and later threatening to sue MLB for his ban.

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Todd Keeling, SunTrust Park, and Workplace Safety

It wasn’t so long ago that building things was a pretty dangerous pastime. The most extreme example of this is probably the Panama Canal; over 5,000 people died in its construction. Five people died erecting the Empire State Building. It’s safer now to construct great buildings; such fatalities are significantly rarer than they used to be. But as we learned last week, the risk inherent to the construction and maintenance of any structure, especially large venues like stadia, will never be zero.

Enter SunTrust Park, the brand new, state-of-the-art venue for the first-place Atlanta Braves. The Braves’ surprising season took a tragic turn on June 26, when workers found a dead body inside a beer cooler at SunTrust. The body was later confirmed to be that of Todd Keeling, a 48-year-old inventor most famous for designing and patenting a technology which dispensed beer at several times the conventional rate. Keeling had already installed his technology in Guaranteed Rate Field and Target Field. Ben Brasch of the Atlanta Journal-Constitution described the technology, called “Draftwell taps,” this way:

The Braves said Monday that the new Draftwell taps installed throughout the ballpark cut down pour times from a 14-second average to five seconds.

Delaware North Sportservice, which manages food and beverage service at SunTrust Park, said the new boozy tech will also keep the beer colder and fresher with more “brewery-intended flavor.”

Target Field in Minneapolis, home of the Twins, installed Draftwell taps and increased its keg yield from 87 to 94 percent, said Delaware North spokesman Marc Heintzman.

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The Story of Hanley Ramirez, the Drug Kingpin Who Never Was

This is the weird story of how Hanley Ramirez, late of the Boston Red Sox, went from unemployed former star to supposed drug kingpin back to unemployed – and unjustly tarnished – former star all in one weekend.

And it’s also a warning about not to jump to conclusions, especially about legal matters.

Once upon a time, Hanley Ramirez was a dynamic shortstop for the then-Florida Marlins. He had power, speed, and youth. Later, he reinvented himself as a middle-of-the-order force for the Dodgers. His tenure with the Red Sox after signing a four-year, $88 million deal was less successful, including a disastrous experiment in left field and culminating in his release earlier this year. Still, he hit 88 homers in a BoSox uniform and remained useful against left-handed pitching. We all expected he would land somewhere in relatively short order, with the Orioles emerging as a frontrunner.

Then all fell silent for a while. At least, until this past weekend.

As with so many things, it all started with a tweet.

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The Other Side of a Roberto Osuna Trade

Friday night, Roberto Osuna became the latest player suspended under the Joint Domestic Violence, Sexual Assault and Child Abuse Policy policy. Per ESPN:

Toronto Blue Jays closer Roberto Osuna was suspended without pay for 75 games on Friday for violating Major League Baseball’s domestic-violence policy, the league announced.

Osuna, 23, has agreed not to appeal the suspension, which is retroactive to May 8 and extends through Aug. 4. He will wind up missing 89 days, which would cost him about $2.54 million of his $5.3 million salary.

Osuna receives the third-longest domestic-violence suspension in MLB history, behind Jose Torres (100 games) and Hector Olivera (82 games). The specific allegations which led to this suspension are still unclear, but we know Osuna was arrested for assaulting his girlfriend, that he has pleaded not guilty to those charges, and that he is presently awaiting trial. Jon Heyman reports that the severity of the penalty was related, in part, to the interview MLB had with Osuna’s girlfriend.

I’ve written before about the problems with MLB’s domestic-violence policy, both generally and in the context of specific players. Osuna’s suspension is yet more evidence of why this policy is flawed. It may seem odd to cite one of the league’s longer domestic-violence suspensions as evidence that the policy isn’t working. A look at the case in context reveals why such a claim makes sense, though.

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One Last Thing About Umpire Videos

It’s pretty rare that we’ll write about something two years after it happens. Baseball is a fickle mistress. Two years after Bryan LaHair was an All-Star, he was playing abroad. A year after Mets went to the World Series, they lost in the Wild Card game, and a year after that, they won 70 games. A lot can change in two years, is the point.

Nevertheless, I’m going to take you down memory lane. To May of 2016, to be precise. The setting is a game between the Mets and Dodgers. Chase Utley is the batter; Noah Syndergaard is the pitcher. And for added emphasis, there’s history here – Chase Utley, you will remember, famously broke Ruben Tejada’s leg during the 2015 National League Division Series.

The next time the Mets faced Utley, all hell broke loose.

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Reggie Bush, Dustin Fowler, and When the Law Goes in a New Direction

Back in April, I examined current A’s center fielder Dustin Fowler’s pending lawsuit against the White Sox, arising from the injury he suffered when he ran into a concealed electrical box whilst running after a fly ball. Fowler filed a negligence suit, which requires that a plaintiff plead and prove the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, an injury proximately caused by the breach, and damages.

On Tuesday, retired NFL running back Reggie Bush won a case that, as reader Sean Logue has anticipated, might be relevant to Fowler’s lawsuit. Here’s the pertinent information, per CBSSports’ Sean Wagner-McGough:

Midway through the 2015 NFL season, then-49ers running back Reggie Bush suffered a season-ending knee injury when he slipped on the concrete ring surrounding the field at the Edward Jones Dome, the Rams‘ former home in St. Louis. More than two-and-a-half years later, the Rams were found liable for the injury.

On Tuesday, a St. Louis jury ordered the Rams, who now reside in Los Angeles, to pay Bush $4.95 million in compensatory damages and $7.5 million in punitive damages for a grand total of nearly $12.5 million, according to the St. Louis Post-Dispatch. Dan Allmayer, a lawyer for the team, said that they plan to file a motion for a new trial.

Like Fowler has, Bush also sued in negligence. Here’s his complaint. The factual allegations of their cases differ: Fowler ran into a hidden electrical box, while Bush tore his ACL on a “slippery concrete surface” surrounding the playing field. (Here’s video of the injury, for context.) From a legal perspective, however, the lawsuits are remarkably similar. Both allege that the respective defendants had exclusive control over the respective stadia, that the defendants knew about the existence of a hidden dangerous condition, and neither defendant took any steps to warn players.

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Is Major League Baseball’s Domestic Violence Policy Working?

Last week, San Diego Padres left-hander Jose Torres was suspended for 100 games for violating MLB’s Domestic Violence Policy. Torres represents the ninth major leaguer to be investigated under the policy and the seventh to be suspended since the policy took effect at the beginning of the 2016 season, joining Aroldis Chapman, Jose Reyes, Hector Olivera, Jeurys Familia, Derek Norris, and Steven Wright. And that list doesn’t include players like Addison Russell, who was accused of spousal abuse last year in divorce proceedings. Torres, currently on the restricted list, is awaiting trial on “[c]harges of assault with a deadly weapon and criminal damage” stemming from this incident:

According to the probable cause statement contained in the court report, Torres knocked a door off its hinges and punched a hole in another door. He also pointed the gun at the victim, according to the report.\

While MLB’s domestic-violence policy has served to punish offenders, it doesn’t seem to have had any effect on the number of domestic-violence incidents. After five investigations and four suspensions in 2016 – the first full year of the program – there was just one suspension issued in all of 2017. But this year, the numbers are back up, with three investigations and two suspensions already in 2018. And while those numbers may be relatively small, especially compared to PED suspensions, domestic violence is an entirely different animal because it is not, unlike PEDs, what might be termed a “victimless crime.” Domestic violence and domestic abuse have real victims who often suffer real — and often severe — physical and emotional injuries. And those injuries are inflicted on both women and children; children exposed to domestic violence are often scarred for the rest of their lives.

So the question is what, exactly, MLB’s policy is trying to accomplish here. Originally, the idea was that MLB would step into the gap in the criminal law that often protected professional athletes accused of domestic-violence incidents. From a piece by Ken Rosenthal:

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SCOTUS Rejects Appeals in MLB Antitrust Cases

In April, I discussed two then-pending cases before the U.S. Supreme Court challenging Major League Baseball’s long-standing exemption from antitrust law. Since that time, the Court had had the two appeals scheduled for consideration on three occasions, only to reschedule its deliberation each time. Although it wasn’t immediately clear why the Court was repeatedly postponing its consideration of the two appeals, this rather unusual delay raised the possibility that several of the justices were potentially interested in reconsidering baseball’s controversial antitrust exemption.

Despite any possible behind-the-scenes maneuvering, the delay ultimately proved to be for naught, as the Court announced on Monday that it was declining to hear either appeal, effectively ending the two cases. This means that MLB will continue to operate largely outside the scope of federal antitrust law for the foreseeable future.

As is normally the case, the Court did not explain on Monday why it was denying the two appeals. The Court did reveal one piece of potentially relevant information this morning, however, noting that Chief Justice Roberts recused himself from any consideration of the appeal in the Wyckoff v. Office of the Commissioner of Baseball case. It’s not at all clear why Chief Justice Roberts opted not to participate in the Court’s deliberation of the case.

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Are Performance-Enhancing Drugs Illegal?

The use of performance-enhancing drugs (PEDs) is as old as baseball itself. Pud Galvin, a Hall of Famer no less, attempted to inject himself with testosterone extracted from animal testicles, which, eww. Specifically, Galvin’s 1889 cocktail consisted of this:

[S]ubcutaneous injections, of a liquid containing a very small quantity of water mixed with the three following parts: First, blood of the testicular veins; secondly, semen; and thirdly, juice extracted from a testicle, crushed immediately after it has been taken from a dog or a guinea-pig.

Notably, modern science suggests that Galvin’s “beverage” would have had no positive effect whatsoever.

Back in 2003, MLB conducted a series of tests to determine whether players were using PEDs — and, if so, how great the problem was. What happened is now a matter of record: David Ortiz and Alex Rodriguez were among a group of over 100 players who tested positive and the purportedly confidential list got leaked. But as the debate over Ortiz’s Hall of Fame candidacy accelerates in earnest, it’s created a secondary debate over how much that 2003 test should count. As Joe Posnanski notes, the test was supposed to be secret. 

I’m not going to weigh in one way or another on Ortiz’s Hall candidacy; that’s Jay Jaffe’s job, and he does it well. What I am going to do, however, is shed some light on a slightly different but related question: as to those players who used anabolic steroids and other PEDs prior to the current testing and discipline scheme, was doing so illegal?

Let’s start by clarifying one point: MLB banned the use of anabolic steroids back in 1991, so technically anyone using anabolic steroids after that was violating those rules. But as we discussed in the context of footwear, MLB as an organization has to enforce its own rules, or it waives violations. And between 1991 and 2003, MLB didn’t really even test for steroids, so from a legal perspective, its ban probably wasn’t really worth more than the paper it was written on.

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