Steinbrenner sued over the YES Network; Plaintiff has no chance

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Bob Gutkowski, who used to be the president of the MSG Network is suing George Steibrenner, claiming that Big Stein stole his idea for the YES Network and reneged on promises that Gutkowski would be given a job and all of the kind of stuff that goes along with those kinds of claims.  YES is now supposed to be worth $3 billion, so it’s a pretty significant claim.

So too was a lawsuit I once defended when I was in private practice.  The claim — and I am not making this up — was filed by an inmate in a prison in southern Ohio who claimed that he invented the idea of the Happy Meal and the Value Meal when he worked at McDonalds when he was a teenager.  The complaint, which was written in pencil, sought $100 billion.  My client, McDonalds, paid my firm to defend the claim, but it’s not like they were too worried about it.  And yes, I won.

I suppose Mr. Gutkowski’s claims have a bit more factual basis than the inmate’s, but I question whether he’ll have any more success.

For one thing, he seems like he’d have a statute of limitations problem. The YES Network debuted in 2002.  I’m guessing Mr. Gutkowski knew well before then that he wasn’t getting a piece of it or a job with it.  But even if he didn’t, the statute of limitations for contract and fraud claims in New York is six years. Most other torts are three years.  All of those dates have run, even if we started the running from the network’s March 19, 2002 debut.  I’m assuming he has some novel theory as to why he didn’t have to file his lawsuit before now, but those kinds of theories tend not to work too well when they’re asserted by wealthy, grown-up businessmen who should know better.

There’s also a tactical problem.  I haven’t seen the complaint, but the allegations seem to hinge on conversations Gutkowski had with George Steinbrenner.  The same George Steinbrenner who is basically a recluse these days, most likely because he is suffering from dementia of some sort.  Maybe Gutkowski was banking on winning because Steinbrenner couldn’t really defend himself. Maybe he’s thinking the Yankees might buy him off so they don’t have to file papers in a lawsuit explaining Steinbrenner’s incompetence to testify.

The problem, though, is that (a) courts tend to protect the incompetent, not punish them; and (b) the Yankees are a business, not some 18th century monarchy, so they’re not going to pay off this guy simply to avoid revealing to the masses that the king isn’t well.  If this turns into a P.R. war over George’s health, the Yankees are going to win it.

So I guess I’ll give this guy an E for effort and a T for nice try, but this lawsuit smells like a loser.

Dustin Pedroia leaves game with a sprained left wrist

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Bad news for the Red Sox today. Second baseman Dustin Pedroia was involved in a collision at first base with Jose Abreu of the White Sox. Pedroia stayed in the game at the time but was replaced by Josh Rutledge in the second.

The injury: sprained left wrist. Which, no, is not good, but there was some initial concern that he may have aggravated the knee which has been bothering him of late. They’ll no doubt provide an update after the game. As of now, the Sox lead the Sox 1-0 in the bottom of the third.

 

Brad Ausmus is not a fan of the Tigers’ schedule

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Everyone in baseball has a tough schedule. The season is a grind. Some teams, however, due to weather and happenstance, have stretches which are a tougher grind than others. The Tigers are in one of those right now.

Detroit played the Astros on Thursday night, and lost in a three-hour and thirty minute contest. It was a getaway day, er, night, and they didn’t get to Chicago to face the White Sox until the wee wee hours of the morning on Friday. Waiting for them: a double header which was to start at 4pm. The first game of it was rained out, though, so they woke up after a short “night’s sleep for nothing. Then the nightcap was delayed over an hour, giving them another late bedtime. On Saturday it was another double header, so it was another early wakeup and another long day at the park. And, of course, another day game on Sunday, before a flight to Kansas City.

This stretch has made Brad Ausmus grumpy. Here he was after Friday night’s late finish:

“Give some credit to the White Sox pitchers, give some credit to the schedule we have. We’ll try to get about 5 hours of sleep and come back tomorrow and play two more.”

He was particularly miffed at the scheduling of two doubleheaders in a row:

“You can’t control the weather but I think it would have been prudent to play the second game tomorrow in August,” he said. “That would have made a lot more sense to me.”

Ausmus did note, however, that it’s not the White Sox’ job to make a schedule that is convenient for their division rivals.

You can look at this in a few different ways. One one level, Ausmus is understandably upset about a particularly arduous stretch of games. On another level he’s probably trying to protect his players, who have looked flat, by changing the subject from their play to the schedule. On a different level, you could say that he’s making excuses for a team that is underachieving. And, of course, those three things are not mutually exclusive.

The thing is, though, that the Tigers have lost seven of ten, are five out of first place, four games under .500 and could conceivably leave their series with the Royals this week in dead last in the Central. Ultimately, extenuating circumstances like the weather and an unfortunate schedule don’t save a manager whose talented and highly-paid team struggles like the Tigers have. If they don’t turn it around soon, Ausmus could be hitting the bricks and the Tigers could be fixing to sell off and rebuild.