And That Happened: Tuesday's Scores and Highlights

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Twins 6, Indians 4; Athletics 7, White Sox 2:  These combined results hand the central division to Minnesota. The Twins lost their All-Star closer to Tommy John surgery in March. They lost their MVP candidate first baseman to a concussion in July. Their reigning MVP catcher’s OPS is down 150 points from a year ago. Going in and along the way there was much reason to doubt. In the end they become the first team to clinch. Congratulations 2010 Minnesota Twins, you defied expectations and adversity. This moment is yours.

Phillies 5, Braves 3: I’ll probably spend much of the winter wondering what might have happened if, before this pivotal series started, the Braves had managed to find (a) a starting pitcher who had reached puberty; and (b) an outfielder — one friggin’ outfielder — better than Nate McLouth, Melky Cabrera, Matt Diaz and Rick Ankiel to play next to Heyward. But we must deal with the world as it is, not how we wish it would be, and the world is set up thusly: with the Phillies are the better team, 20-win Roy Halladay is the likely Cy Young Award winner and the the NL East title is now virtually assured of remaining in Philadelphia. And don’t look back, Atlanta, because somethin’ might be gainin’ on ya. Specifically . . .

Giants 1, Cubs 0: Matt Cain and Carlos Zambrano trade zeroes for six innings each, but Buster Posey comes through with a solo blast in the eighth. Good thing too, because . . .

Padres 6, Dodgers 0: Clayton Richard scattered, smothered and covered eight hits while shutting out the Dodgers. The Padres gained a game on the Braves in the wild card. The Dodgers, alas, were eliminated from playoff contention.

Diamondbacks 3, Rockies 1: Colorado, unfortunately, loses ground, falling 2.5 games behind the Giants and three off the wild card pace. Joe Saunders (8 IP, 6 H, 1 ER, 0 BB, 7K) must have had laser-like control last night, huh Carlos Gonzalez? “He was throwing balls everywhere and we were making it a lot easier on him because we were swinging at bad pitches.” Oh, well, in that case.

Yankees 8, Rays 3: The real Yankees starting lineup — which we haven’t seen much of lately — has returned this week, and with it the Yankees’ winning ways have as well. Funny how that works. This one was never really in doubt after a five-spot in the first, thanks in part to a Nick Swisher bomb. Oh and Jorge Posada may or may not have reached first base on a phantom hit by pitch. But really, I don’t have the energy to get worked up about this again so soon after last week’s Jeter thing. Maybe if it happened next week I’d muster some outrage at the outrage and play the frame-the-issue game and all of that again, but for now let’s all just pretend it never happened, OK?

Marlins 5, Mets 2: The Mets are officially eliminated from playoff contention. All of you who had paid for postseason ticket deposits may now apply for refunds.

Pirates 5, Cardinals 2: Break up the Pirates. Four in a row for Pittsburgh, their first four-game winning streak in over a year. Lately I have been making a habit of mentioning that the Cards have been losing to teams they shouldn’t be losing to, but I had no idea it was this bad. According to the game story, they’ve dropped seven straight series against sub-.500 teams.

Reds 4, Brewers 3: The Cardinals loss and the Reds win drops the magic number to four. The only negative here is seeing Jim Edmonds hurt himself on a home run trot. Stay down, champ! Stay down!

Orioles 9, Red Sox 1: Ty Wigginton hit a three-run homer in the seventh to put the O’s up 4-1, and then the Sox bullpen figured, eh, what the hell, and allowed five more. Four of those by Jon Papelbon, by the way, as he makes his impending non-tender easier and easier for everyone involved.

Blue Jays 5, Mariners 3: Three homers for the Jays. Ichiro went 4 for 4, putting him at 197 hits on the year. His 200-hit season streak is about all that’s left for anyone to check off a baseball to-do list in Seattle before putting things in storage for the winter.

Nationals 8, Astros 4: J.A. Happ threw six shutout innings and then the Houston bullpen allowed eight runs on eight hits over the next two. That’s special. And don’t look now but Chris Johnson was a triple short of the cycle!

Royals 9, Tigers 6: Detroit had a 3-0 lead after four but then gave up nine runs before a mini-rally in the ninth which made the final score look closer than the game really was.

Angels 2, Rangers 0: Ervin Santana with the five-hit shutout. I don’t think you can say “scattered” with five hits, though, which makes me sad because I was going to use another Waffle House menu item for this one like I did in the Padres-Dodgers recap. Alas.

Adams homers in 16th to lift Cardinals over Dodgers 4-3

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ST. LOUIS — Matt Adams homered in the 16th inning to lead the Cardinals to a 4-3 win over the Los Angeles Dodgers on Friday night for St. Louis’ season-best fifth straight victory.

It was the second consecutive game that the Cardinals won in their final at-bat. They beat the Padres on Thursday after scoring a run in the ninth inning.

Adams homer came with one out off Bud Norris (5-9), who gave up six runs as a starter in an 8-1 loss at Washington on Wednesday.

Seth Maness (1-2) picked up the win with a scoreless inning of relief for St. Louis, which was playing its longest game of the season.

Jedd Gyorko hit a two-out homer off closer Kenley Jansen in the ninth to tie the game 3-3.

Justin Turner and Howie Kendrick homered for the Dodgers. Los Angeles has lost four of six. The red-hot Turner has seven homers and 17 RBI this month. He hit two homers in a 6-3 win over Washington on Thursday.

Turner blasted his career-high 18th homer of the season off Seung Hwan Oh in the ninth to break a 2-2 tie.

Corey Seager had four hits and drove in the first run of the game. He had hit in seven successive at-bats before flying out in the ninth.

Kendrick’s solo shot in the sixth tied the game 2-2. He has hit in 14 successive games trying Colorado’s Charlie Blackmon for the longest current streak in the majors.

Los Angeles starter Brandon McCarthy allowed one hit and two runs over 6 1-3 innings, the longest of his four starts this season. He left with leg cramps. McCarthy struck out four and walked three.

St. Louis starter Michael Wacha allowed two runs on 10 hits in six innings. He struck out four and walked one.

Dodgers reliever Adam Liberatore recorded his 28th successive scoreless outing by retiring two of four batters in the seventh. He has not allowed a run in 41 of 42 appearances this season.

Minor League Players’ Wage Suit against Major League Baseball suffers a huge setback

The judge's gavel is seen in court room 422 of the New York Supreme Court at 60 Centre Street February 3, 2012. REUTERS/Chip East
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A judge handed minor leaguers looking to hold Major League Baseball liable for underpaying and exploiting them a huge setback today, ruling that the case cannot go forward as a class action. Minor leaguers who want to sue over their pay and treatment still can, but they’ll have to do it individually. The ruling saps the minor leaguers of their leverage, as Major League Baseball would likely be able to fend off individual cases which, by themselves, might only amount to several thousand dollars per claim.

The background: in 2014, former Miami Marlins player Aaron Senne sued Major League Baseball, Bud Selig, and three major league clubs claiming that minor leaguers are underpaid and exploited in violation of the Fair Labor Standards Act. He was later joined by former Royals minor leaguer Michael Liberto and Giants farmhand Oliver Odle. Eventually others joined and the suit had been expanded to 22 teams as defendants.

The upshot of the case is that, while the minor league season lasts only part of the year, players are required to do all sorts of things outside of merely playing games for which they are not compensated. Training, meetings, appearances and the like. When all of that time is added up, the players claim, their already low salaries are effectively far below minimum wage in violation of the law. Major League Baseball has countered this by claiming that minor leaguers are basically part time seasonal workers — like landscapers and pool boys — who are not subject to federal labor laws.

Last year the judge gave the case conditional certification, allowing the players to try to establish that it should go forward as a class action. This would streamline the case from the plaintiffs’ perspective and give them the power of collective action by asserting hundreds or more similar cases into one proceeding. The judge’s ruling today, however, was that the cases really weren’t factually similar and thus collective action was not appropriate because figuring out how many hours each player worked and what was required of him varied too greatly among the players.

From his order:

“The difficulties associated with determining what activities constitute ‘work’ in the context of winter training are compounded by the fact that there appear to be no official records documenting these activities. Because it may be impossible to determine from official records the types of conditioning activities in which the players engaged, membership in the state classes based on winter training would depend largely upon the players’ ability to remember, with a reasonable amount of detail, what they did during the off-season (often for multiple years and for many, several years in the past) to stay fit.”

The judge said that, in light of this, each case would be unique and would require “individualized inquiries” to find damages and liability. That phrase –“individualized inquiries” — constitutes magic words which sink would-be class actions. If a company overcharges all of its customers by $8 due to an error repeated a million times, it’s easy to look at one set of facts and judge them together. If you had to look at a million different wrongs, that’s no class action. And so it is not a class action for the players.

As many courts who have dealt with these sorts of cases have noted, for many plaintiffs, a class action is the only practical method of adjudicating Fair Labor Standards Act cases because individual plaintiffs are frequently unable to bear the costs of separate trials. They are, by definition, (allegedly) exploited workers. They’re not going to be able to pay legal costs and fight off a multi-billion dollar business in order to collect the few thousand dollars they were underpaid. At the same time, however, the defendants have rights too and, if the facts of each players’ treatment truly differ (e.g. the Yankees make their minor leaguers do more than the Brewers do) it’s not fair to bind one defendant’s defense to the acts of another.

So, where does this leave the players? Not dead. Not yet, at least. Their claims have not been dismissed on the merits. They have only been denied the right to act collectively. The individual plaintiffs can now file separate lawsuits against their former employers and Major League Baseball under the same theories. It would be harder to land a big blow in such a scenario, but if enough do, it could end up being death by a thousand cuts for the clubs and the league. Their legal fees might go up and, eventually, if they lose enough of these cases, more might be filed. There are a lot of former minor leaguers, after all, and once there’s some blood in the water, more of them — and their lawyers — may enter the frenzy. Decertification is certainly a win for the league right now, but it’s not necessarily a permanent win.

There are likewise some other quasi-collective forms this case could take such as multi-district litigation in which the cases, while individual, are coordinated in a loose fashion. That could lead to some efficiencies for suing players even if it’s not as robust as a class action.

We’ve written quite a bit about minor league pay and treatment in this space by now, so you probably know where we stand on it. We believe that minor leaguers are exploited and underpaid and we believe that Major League Baseball has been happy to exploit and underpay them for some time. Ultimately we believe that this state of affairs cannot and will not persist and that eventually, somehow, baseball will either see fit to pay its workers fairly or, more likely, will be forced to do so by a court or by collective bargaining of some fashion.

Today, however, was a big setback for the minor leaguers. Today’s ruling will give Major League Baseball and its clubs more time and more comfort in which to underpay them. There’s no doubt about it.