The McCourt trial: my gut is that Jamie is going to win, even if she shouldn't


The McCourt trial ended yesterday, with closing statements offered by the attorneys. Lots of different attorneys, according to the L.A. Times summary. Each side had, like, three people making arguments. What was this, a tag team match?  I understand multiple lawyers taking stabs at different parts of closing if it’s a complicated case, but this is a bench trial in which, basically, a single fact was at issue.  And people wonder how the McCourts could have run up $8 million in attorneys fees.

Anyway, here’s an insight that may appeal to, like, six of you who care about such things, but I just can’t shake it: Frank McCourt’s lawyers keep arguing that the business with his lawyer switching out versions of the agreement that was to decide who owns the Dodgers was no big deal.  A clerical error. A “scrivener’s error.”  Of no consequence at all. But tell me: if Jamie wins, and Frank has to give her hundreds of millions of dollars, how much time will elapse between the judgment coming down and the malpractice suit Frank files against his “scrivener”?  I’m guessing he may let a day go by, but not two, and when he does he will characterize it as the most egregious case of professional misconduct in the history of Anglo-American jurisprudence. That’ll be fun.

As for the outcome, I don’t really know what to think.  Based on everything I’ve read, I am of the opinion that Jamie McCourt’s story that she always thought she was going to own half the team is self-serving post-facto baloney. I don’t buy that she didn’t read the documents and understand what she was signing. I don’t buy that Frank was truly going to give her every one of their houses AND the Dodgers.  It just doesn’t make sense to me based on the things we’ve heard about their respective appetites for risk, their history and all of that. I simply don’t find her side of the story credible.

At the same time, I do find the scrivener’s story credible. I bet there was an error in the documents and that — as the man who made the error — the lawyer did just go back and try to substitute the correct document in there and hope no one ever figured it out.  I used to do a lot of professional responsibility defense work, and I’ve seen lots of lawyers do this. It’s always, always, always the wrong thing to do, but I’ve seen them do it.

But just because I find it credible doesn’t mean it’s defensible. There’s too much at stake in the legal system — not just for rich people like the McCourts but for everyone — for courts to overlook lawyer misconduct and make assumptions about what was really going on. Yes, in this case taking a hard line may reward Jamie’s post-facto baloney and may, in the end, cost Frank the Dodgers. But it’s going to be hard for a judge to essentially validate the document switcheroo.

We’ll find out for sure in 90 days, when a decision comes out.

Cal Ripken, Jr. says he’d “answer the phone” if the Nationals come calling

Former Baltimore Oriole Cal Ripken, Jr., acknowledges fans before throwing out the ceremonial first pitch to mark the twentieth anniversary of his streak of 2,131 straight games before a baseball game between the Orioles and the Tampa Bay Rays, Tuesday, Sept. 1, 2015, in Baltimore. (AP Photo/Patrick Semansky)
AP Photo/Patrick Semansky

Hall of Famer and Orioles legend Cal Ripken, Jr. was a guest on “The Rich Eisen Show” on Friday and naturally he was asked about the managerial opening with the Nationals, a job he was connected to as recently as 2013. Per Chase Hughes of, Ripken said he’d be interested if the opportunity presented itself.

“I’d answer the phone,” he said on ‘The Rich Eisen Show.’ “Everybody wants a phone call like that.”

Matt Williams was fired by the Nationals this week after two seasons on the job. While he won NL Manager of the Year honors in his first season at the helm, he reportedly lost the clubhouse this year en route to a disappointing 83-79 record.

Williams had no previous managerial experience prior to being hired. Nationals general manager Mike Rizzo said this week that he would prioritize experience during his search, a factor which could impact Ripken’s chances of getting the job. Ripken acknowledged that he sees how it could be perceived a “risk,” but he still thinks he can manage at the major league level:

“The baseball background that I have — you’re a student of the game — there’s a lot said about experience or lack of experience in managers coming through. To me, it’s all about your philosophy — how you handle things, what you’re going to do. And then it’s being able to apply it.

“I haven’t had a chance to apply that, so no one knows. So that would be a risk, I suppose. I’m in the business world now and all the time, it seems like I’m asking for experts to come around and tell me what to do because I don’t have that background to fall back on. But in baseball, I have that background to fall back on and I would know how to deal with whatever situations there because I’ve seen it.”

Ripken has a good relationship with Rizzo and he’s obviously an icon in the Mid-Atlantic area, so you can understand the appeal, but there’s going to be plenty of competition for this job. After all, on talent alone, it’s not hard to envision them vaulting back to the top of the National League East next season.

James Wagner of the Washington Post reports that former Padres manager Bud Black has a “strong case” to land the job. Meanwhile, the Nationals have requested an interview with Diamondbacks Triple-A manager Phil Nevin.

NLDS, Game 2: Cubs vs. Cardinals lineups

St. Louis Cardinals starting pitcher Jaime Garcia throws in the first inning of a baseball game against the Cincinnati Reds, Thursday, Sept. 10, 2015, in Cincinnati. (AP Photo/John Minchillo)
AP Photo/John Minchillo
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Here are the Cubs and Cardinals lineups for Game 2 of the NLDS. First pitch is scheduled for 5:37 p.m. ET in St. Louis:

CF Dexter Fowler
RF Jorge Soler
3B Kris Bryant
1B Anthony Rizzo
2B Starlin Castro
LF Austin Jackson
C Miguel Montero
SP Kyle Hendricks
SS Addison Russell

Cubs manager Joe Maddon has made a number of changes with a left-hander on the mound for St. Louis. Jorge Soler will start in right field and bat second base while Kyle Schwarber is on the bench. Meanwhile, Austin Jackson will start over Chris Coghlan in left field. Miguel Montero is behind the plate after David Ross caught Jon Lester in Game 1 on Friday. Finally, Kyle Hendricks will bat eighth while Addison Russell will hit ninth, which he did often during the regular season.

3B Matt Carpenter
RF Stephen Piscotty
LF Matt Holliday
CF Jason Heyward
SS Jhonny Peralta
1B Brandon Moss
C Yadier Molina
2B Kolten Wong
SP Jaime Garcia

The Cardinals’ lineup isn’t much different from Game 1 against left-hander Jon Lester, but there is one notable change with a right-hander on the mound. Randal Grichuk is out while Brandon Moss is in. Stephen Piscotty played first base in Game 1, but he’ll be in right field this afternoon. This means that Moss will start at first base. Yadier Molina reported no issues with his thumb in Game 1 and is right back in there to catch Garcia.

Daniel Murphy’s home run ball vs. Clayton Kershaw had his name imprinted on it

New York Mets' Daniel Murphy celebrates a solo home run as Los Angeles Dodgers catcher A.J. Ellis looks down during the fourth inning in Game 1 of baseball's National League Division Series, Friday, Oct. 9, 2015 in Los Angeles. (AP Photo/Gregory Bull)
AP Photo/Gregory Bull

We often hear that someone “tattooed” a baseball. Mets second baseman Daniel Murphy took that literally with his home run against Clayton Kershaw last night.

According to Statcast, Murphy’s fourth-inning solo blast against Kershaw left the bat at 104.9 mph and traveled an estimated distance of 415 feet. He actually hit the ball so hard that his name ended up being imprinted on it from his bat. No joke. Check it out below…

Here’s the video of the home run: