McCourt Divorce Trial Continues With Ownership Of Dodgers In Contention

The settlement proposed by the mediator in the McCourt case was interesting


Like I said last week, it’s a bit of sucker’s game to try to predict an ultimate ruling in a case based on what a court-appointed mediator proposes. But that doesn’t mean it isn’t fun to try to predict such things.  And there is one fact in the proposed settlement, reported by Bill Shaikin, that I find to be pretty interesting:

As the mediator in the Dodgers’ divorce case prepared his settlement proposal, he consulted not only with Frank and Jamie McCourt but with representatives from Bingham McCutchen, the firm that employs the lawyer whose actions could determine who owns the team. The mediation process is confidential, but analysts said the mediator likely invited Bingham to help fund a settlement now rather than risk a potentially more costly malpractice suit later.

The malpractice, you’ll recall, is related to Frank’s lawyer switching out the exhibit to the post-nuptial agreement that had Jamie getting the Dodgers and switching in the one that showed her being cut out.  Which, I still believe, is what the parties intended, by the way. Problem is, if you were going to try and unfairly screw Jamie out of her stake in the Dodgers, that would be an excellent, albeit obvious way to do it, and the court is going to have  a hard time overlooking that behavior. If you want to make such clerical changes, you get both parties on the horn and have them re-execute the deal. You don’t pull the old switcheroo.

If the court ultimately rules for Jamie, Frank will have a righteous malpractice suit against the Bingham firm as a result of all of this. By having them kick in money now, as the proposed settlement does, it softens that blow and heads off an ugly litigation in which many of the same issues that happened in the divorce case would be dredged up.  No one wants that.

So the question is this: does the mediator — who is himself a judge, by the way — know that the judge presiding over the case is going to rule for Jamie and wants to try and wrap it all up now? Does he merely suspect it? Or is this just a belt-and-suspenders kind of thing?

I have no idea. I do know this, though: if someone tells me that they want to make my future malpractice case against my lawyers easier, I’m not going to feel very good about the case I actually have pending at the moment.  Frank, I would assume, is not a happy man at the moment.

The World Series broadcast schedule is announced

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Major League Baseball just announced the broadcast schedule for both Games 6 and 7 (if necessary) of the NLCS and the entire World Series.

There are no surprises here. The World Series games are all on Fox. The pregame show starts at 7:30 and the games themselves start just after 8pm Eastern Daylight Time, regardless of whether it’s Chicago or Los Angeles representing the National League. For some reason Game five of the World Series, scheduled a week from Sunday if it comes to pass, starts seven minutes later than all of the other games. Maybe something super exciting will happen then.


Red Sox sports medicine director says David Ortiz “was essentially playing on stumps”

BOSTON, MA - OCTOBER 1: David Ortiz #34 of the Boston Red Sox tips his helmet to the crowd as he exits the game after he singled during the fifth inning against the Toronto Blue Jays at Fenway Park on October 1, 2016 in Boston, Massachusetts. (Photo by Rich Gagnon/Getty Images)
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David Ortiz had a whale of a final season with the Red Sox. It was so good that he was asked, many, many times, if he was thinking of reversing his retirement decision and coming back for 2017. Ortiz always said no, he was still retiring, occasionally making mention of his aching feet and the physical grind his 40-year-old body was undergoing.

We now know just how much of a grind it was. Indeed, it was extreme. We know this because Dan Dyrek, the Red Sox’ coordinator of sports medicine services, tells it to Rob Bradford of WEEI. Dyrek says that the injuries to Ortiz’s feet, which were often referred to as achilles tendon problems, were way, way more complicated than that, affecting every muscle, bone and tendon in his feet in chain reaction fashion. Dyrek:

“He was essentially playing on stumps. Instead of having this nice, flexible, foot, ankle, calf mechanism to act as a shock absorber, he was playing on stumps. And you can do that for only so long. He was in warrior mode trying to play through this. Once we diagnosed him and saw what was going on and started explaining things to him, there was actually a sense of relief because now he had an explanation of what he was in such excruciating pain.”

That Ortiz was able to even walk through what Dyrek describes is pretty amazing. That he was able to put up a near-MVP season with all of that pain is incredible.