I wrote this morning about the lawsuit Frank McCourt’s former law firm filed against him, seeking a declaration that they did no wrong. Since that time I’ve had a chance to read the complaint (thanks Dodger Divorce!). It seems sillier to me now than it did then.
Basically, the firm admits — as it must — that their lawyer was tasked with making a document that gave Frank the Dodgers and Jamie the houses. That he screwed up the exhibits to the document, allowing an executed copy to float around that fails to do what the McCourts wanted, and instead lists the Dodgers as community property. Then, when the lawyer realized his error, rather than have the wrong document destroyed and have his clients execute a new version that clearly and definitively separates the property, he just switched in the Exhibits, resulting in multiple, conflicting copies of the document to exist, thereby allowing Jamie to be willfully naive about it all and claim she really owned the Dodgers too. Which she did successfully, and the undoing of which will cost Frank McCourt millions. The law firm’s excuse: it was merely a “scrivener’s error,” and that the real bad stuff that has happened to McCourt is all the result of him being a bad baseball owner.
Sorry, not buying it. I mean, sure, Frank McCourt has wrecked the Dodgers all by himself, but if it wasn’t for the law firm’s screwup, he’d at least own it outright and be able to wreck them in peace. The law firm can and does cite any number of ABA ethical guidelines that say that what their employee did was OK, but the fact is that his screwup cost his client big time. Today Frank McCourt’s spokesman said as much:
“Bingham McCutchen drafted an agreement the Court found did not comply with applicable California law and was invalid because of the conduct of the Bingham firm’s lawyers. Mr. McCourt is disappointed that the Bingham firm is unwilling to accept responsibility for its actions and is instead now trying to defend conduct that is indefensible.”
I never thought I’d see the day when I thought Frank McCourt was the sympathetic figure. Me of all people should never have underestimated a law firm like that.
The Nationals lost a heartbreaker on Tuesday night, as the Indians overcame a two-run deficit in the bottom of the ninth inning to beat the Nationals 7-6. Closer Jonathan Papelbon faced five batters but was unable to record an out, yielding a leadoff walk, a double, a bunt that ended up very successful due to a Ryan Zimmerman throwing error, an intentional walk, and a single. Oliver Perez came in and eventually allowed one of his inherited runners to score, saddling Papelbon with the loss.
Papelbon also served up four runs in the outing before Tuesday’s, on Saturday against the Padres. The two clubs entered the top of the ninth tied 6-6, but a walk followed by three two-out singles and a bases-clearing double off of Papelbon allowed the Padres to take a 10-6 lead.
On the season, Papelbon is 19-for-22 in save chances with a 4.18 ERA and a 30/12 K/BB ratio in 32 1/3 innings. If the season were to end today, the right-hander’s 21.4 percent strikeout rate would be the lowest mark of his career and his 8.6 percent walk rate would be his highest mark since 2010.
Manager Dusty Baker didn’t indicate that he’s going to make a change at closer, but he sounded dissatisfied with Papelbon’s performance thus far. Via Mark Zuckerberg of MASN, Baker said, “He doesn’t have his command, which is evident when you walk the leadoff hitter. But it’s like, what do you say? How does he look? Right now he doesn’t look like Pap. He doesn’t look very good. Usually he doesn’t walk people like that.”
The non-waiver trade deadline is on Monday, August 1. The Nationals, at 58-42, still have a four-game lead over the Marlins and a 4.5-game lead over the Mets. Tuesday’s loss has motivated the club to attempt to upgrade the bullpen, Jon Morosi reports. The Nationals were in the mix for Aroldis Chapman before the Yankees sent him to the Cubs. Perhaps Andrew Miller could be next on the Nats’ wish list.
The Blue Jays announced on Tuesday night that the club traded reliever Drew Storen and some cash to the Mariners in exchange for reliever Joaquin Benoit.
Storen, 28, was designated for assignment by the Jays on Sunday after posting a 6.21 ERA with a 32/10 K/BB ratio in 33 1/3 innings. The Jays acquired him during the offseason from the Nationals in exchange for Ben Revere and a player to be named later.
Benoit, 38, struggled as well, putting up a 5.18 ERA with a 28/15 K/BB ratio in 24 1/3 innings with the Mariners.