McCourt Divorce Trial Continues With Ownership Of Dodgers In Contention

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

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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.

Report: Padres trade Matt Kemp to the Braves for Hector Olivera

SAN DIEGO, CA - JUNE 06:  Matt Kemp #27 of the San Diego Padres talks in the dugout prior to the start of the game against the Atlanta Braves at PETCO Park on June 6, 2016 in San Diego, California.  (Photo by Kent Horner/Getty Images)
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Update (7:01 PM EDT): David O’Brien of the Atlanta Journal-Constitution reports the deal has been completed.

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ESPN’s Keith Law reported on Saturday evening that a bad contract swap involving the Braves’ Hector Olivera and the Padres’ Matt Kemp was “getting close.” Olivera has been pulled off the field, per Bob Nightengale of USA TODAY. Joel Sherman of the New York Post reports that only a last-second medical would kill the deal at this point, and that the Padres will be sending money to the Braves.

Kemp, 31, will have $64.5 million remaining on his contract through 2019 after this season, but the Dodgers will pay $3.5 million annually over those remaining three years, so the $64.5 million is really $54 million. The veteran has compiled a .262/.285/.489 triple-slash line with 23 home runs and 69 RBI in 431 plate appearances for the Padres this season.

Olivera, 31, will have $28.5 million remaining on his contract through 2020 after this season. The outfielder was handed an 82-game suspension, beginning on May 26, for his involvement in a domestic dispute on April 13. The suspension is up on August 2. He has a .501 OPS in 21 major league at-bats this season and a .278 OPS in 37 PA at Triple-A.

Dennis Lin of the San Diego Union-Tribune reports that the Padres will consider designating Olivera for assignment. The trade is all about the salary dump for the Padres, as they’d rather give outfield playing time to prospects Hunter Renfroe and Manuel Margot.

Athletics trade Billy Burns to the Royals for Brett Eibner

ST. PETERSBURG, FL - MAY 13: Billy Burns #1 of the Oakland Athletics waits on deck to bat during the fourth inning of a game against the Tampa Bay Rays on May 13, 2016 at Tropicana Field in St. Petersburg, Florida. (Photo by Brian Blanco/Getty Images)
Brian Blanco/Getty Images
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The Athletics and Royals swapped outfielders on Saturday. The Athletics sent Billy Burns to Kansas City and the Royals sent Brett Eibner to Oakland.

Burns, 26, doesn’t provide much in the way of offense, but he runs the bases well and plays solid defense. He was hitting .234/.270/.303 with 11 doubles, four triples, and 14 stolen bases in 274 plate appearances.

Eibner, 27, was batting .231/.286/.423 with three home runs and 10 RBI in 85 plate appearances. He has spent most of the season with Triple-A Omaha, where he’s put up a .902 OPS in 219 PA. Eibner played the outfield corners in the majors, but racked up a ton of time playing center in the minors, so his versatility will be valuable to the A’s.

Burns will become eligible for arbitration for the first time after the 2017 season while Eibner has hardly accrued any service time, which might explain part of the motivation behind the trade for the small-market Athletics.