Steinbrenner sued over the YES Network; Plaintiff has no chance

Leave a comment

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.

Jorge Posada highlights 16 one-and-done players on Hall of Fame ballot

NEW YORK, NY - JANUARY 24:  Jorge Posada addresses the media during a press conference to announces his retirement from the New York Yankees at Yankee Stadium on January 24, 2012 in the Bronx borough of  New York City.  (Photo by Mike Stobe/Getty Images)
Mike Stobe/Getty Images
3 Comments

Former Yankees catcher Jorge Posada received only 17 total votes (3.8 percent) on the 2017 Hall of Fame ballot. Unfortunately, he is one of 16 players who fell short of the five percent vote threshold and is no longer eligible on the ballot. The other players are Magglio Ordonez (three votes, 0.7 percent), Edgar Renteria (two, 0.5 percent), Jason Varitek (two, 0.5 percent), Tim Wakefield (one, 0.2 percent), Casey Blake (zero), Pat Burrell (zero), Orlando Cabrera (zero), Mike Cameron (zero), J.D. Drew (zero), Carlos Guillen (zero), Derrek Lee (zero), Melvin Mora (zero), Arthur Rhodes (zero), Freddy Sanchez (zero), and Matt Stairs (zero).

Posada, 45, helped the Yankees win four World Series championships from 1998-2000 as well as 2009. He made the American League All-Star team five times, won five Silver Sluggers, and had a top-three AL MVP Award finish. Posada also hit 20 or more homers in eight seasons, finished with a career adjusted OPS (a.k.a. OPS+) of 121, and accrued 42.7 Wins Above Replacement in his 17-year career according to Baseball Reference.

While Posada’s OPS+ and WAR are lacking compared to other Hall of Famers — he was 18th of 34 eligible players in JAWS, Jay Jaffe’s WAR-based Hall of Fame metric — catchers simply have not put up the same kind of numbers that players at other positions have. That’s likely because catching is such a physically demanding position and often results in injuries and shortened careers. It is, perhaps, not an adjustment voters have thought to make when considering Posada’s eligibility.

Furthermore, Posada’s quick ouster is somewhat due to the crowded ballot. Most voters had a hard time figuring out which 10 players to vote for. Had Posada been on the ballot in a different era, writers likely would have found it easier to justify voting for him.

Posada joins Kenny Lofton in the “unjustly one-and-done” group.

Tim Raines, Jeff Bagwell, Ivan Rodriguez Elected to the Hall of Fame

1990:  Outfielder Tim Raines of the Montreal Expos in action. Mandatory Credit: Otto Greule  /Allsport
Getty Images
25 Comments

The 2017 induction class of the Baseball Hall of Fame was announced Wednesday evening and we have three inductees: Tim Raines, Jeff Bagwell and Ivan Rodriguez. Raines and Bagwell had to wait a good long while to get the call. Rodriguez is in on his first year of eligibility. But nowhere on the plaque will it say how long it took. All that matters now is that three of the greatest players of their respective generations finally have a place in Cooperstown.

Players must be named on 75% of the Baseball Writers Association of America’s ballots to get in. Raines was named on 86% of the ballots. Bagwell was named on 86.2%. Rodriguez was named on 76%. Non-inductees with significant vote totals include Trevor Hoffman at 74% and Vladimir Guerrero at  71.7%. The full results can be seen here.

Others not making the cut but still alive for next year, with vote totals in parenthesis: Edgar Martinez (58.6); Roger Clemens (54.1); Barry Bonds (53.8); Mike Mussina (51.8); Curt Schilling (45.0); Manny Ramirez (23.8); Larry Walker (21.9); Fred McGriff (21.7); Jeff Kent (16.7); Gary Sheffield (13.3%); Billy Wagner (10.2); and Sammy Sosa (8.6). Making his final appearance on the ballot was Lee Smith, who received 34.2% of the vote in his last year of eligibility. He will now be the business of the Veterans Committee.

Players who fell off the ballot due to not having the requisite 5% to stay on: Jorge Posada; Magglio Ordoñez; Edgar Renteria; Jason Varitek; Tim Wakefield; Casey Blake; Pat Burrell; Orlando Cabrera; Mike Cameron; J.D. Drew; Carlos Guillen; Derrek Lee; Melvin Mora; Arthur Rhodes; Freddy Sanchez; and Matt Stairs

We’ll have continued updates on today’s Hall of Fame vote throughout the evening and in the coming days. In the meantime, congratulations to this year’s inductees, Tim Raines, Jeff Bagwell and Ivan Rodriguez!