Frank McCourt

Frank McCourt hits back at his old law firm’s lawsuit

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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.”

And how.

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.

Video: Odubel Herrera’s glorious bat flip

DETROIT, MI - MAY 25: Odubel Herrera #37 of the Philadelphia Phillies hits a three run home run during the fourth inning of the inter-league game against the Detroit Tigers on May 25, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
Leon Halip/Getty Images
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Phillies outfielder Odubel Herrera, playing in his second game since being benched for a lack of hustle, hit a three-run home run to extend his team’s lead to 5-1 in the fourth inning on Wednesday afternoon. After putting a sweet swing on an Anibal Sanchez 2-1 slider, Herrera flipped his bat in grand fashion. It wasn’t quite as emphatic as Jose Bautista‘s from last year’s ALDS, but it was glorious nonetheless.

To the Tigers’ credit, Herrera’s bat flip didn’t result in any shouting or fighting or throwing intentionally at hitters. So that’s nice.

Herrera is now batting .327/.440/.461 with five home runs and 17 RBI on the year. The Phillies selected him in the Rule 5 draft from the Rangers ahead of the 2015 season and he’s proven to be the lifeblood of the offense thus far.

30 years ago, Dave Kingman sent a live rat to a female reporter

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Someone on Reddit’s /r/baseball page linked to this New York Times article from June 1986.

Dave Kingman, then with the Athletics, was 37 years old and playing in what would be his final season. He was fined $3,500, which is a little over $7,600 in 2016 dollars, for sending a live rat in a pink box to a female reporter, Susan Fornoff of The Sacramento Bee. The rat wore a tag that said “my name is Sue.”

Kingman refused to apologize, saying, “I’ve pulled practical jokes on other people and I didn’t apologize to them.”

According to Fornoff, Kingman had said to her that women don’t belong in the clubhouse, and Kingman had been harassing her since she began covering the team in ’85. The Athletics didn’t keep Kingman around after the season, and he ended up hanging up the spikes.

Pete Dexter wrote in more detail about the incident at Deadspin a few years ago. It’s a good read.

I wasn’t familiar with this story as I was still more than two years from being born when it happened. Sports media has made strides towards being more inclusive of non-white cisgender straight men, especially compared to 30 years ago. But, of course, we’re still a long ways away from an ideal world in which everyone is treated equally and everyone has equal access. Some of the best baseball reporting and analysis these days is being done by women and it’s nice to see sites, especially FanGraphs recently, make a concerted effort towards diversification.

D-Backs mulling optioning Shelby Miller to the minors

PITTSBURGH, PA - MAY 24:  Shelby Miller #26 of the Arizona Diamondbacks pitches in the first inning during the game against the Pittsburgh Pirates at PNC Park on May 24, 2016 in Pittsburgh, Pennsylvania.  (Photo by Justin K. Aller/Getty Images)
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Diamondbacks starter Shelby Miller continued to struggle on Tuesday, serving up six runs on eight hits and four walks with three strikeouts over five innings against the Pirates. His ERA, in 10 starts this season, stands at an unsightly 7.09 with 30 strikeouts and 29 walks in 45 2/3 innings.

The D-Backs acquired him from the Braves over the winter, sending 2015 first overall pick Dansby Swanson to Atlanta along with pitching prospect Aaron Blair and outfielder Ender Inciarte. It’s a trade they’d most likely take back if they had the luxury.

Instead, GM Dave Stewart is considering optioning the right-hander to Triple-A Reno to figure things out, Jack Magruder reports for Today’s Knuckleball. Stewart said, “We want to get him on track the best way we can. We will figure it out and do what’s needed.”

Miller is currently slated to start against the Padres on Sunday, so the club has a few more days to consider what to do. Josh Collmenter will likely be activated over the weekend, which would create a convenient way to put him back on the roster and deal with Miller.

Jackie Bradley, Jr. and Xander Bogaerts both extend their hitting streaks

BOSTON, MA - MAY 24:  Jackie Bradley Jr. #25 of the Boston Red Sox returns to the dugout after scoring in the second inning during the game against the Colorado Rockies at Fenway Park on May 24, 2016 in Boston, Massachusetts. Extending his hitting streak to 28 games.  (Photo by Adam Glanzman/Getty Images)
Adam Glanzman/Getty Images
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Red Sox outfielder Jackie Bradley, Jr. and shortstop Xander Bogaerts both extended their hitting streaks on Wednesday night against the Rockies, and both did it in the bottom of the fourth inning.

Bogaerts led off the inning with a solo home run to left-center off of Chad Bettis. After David Ortiz walked and Hanley Ramirez grounded into a fielder’s choice, Bradley laced a single to left field. Bogaerts’ streak now stands at 18 games and Bradley’s is at 29. Bradley is tied with Johnny Damon for the fourth-longest streak in Red Sox history. He trails Tris Speaker and Nomar Garciaparra at 30 and Dom DiMaggio at 34.

The Red Sox entered Wednesday’s action averaging 5.87 runs per game, the best mark in baseball. The major league average is 4.28. Bogaerts and Bradley, unsurprisingly, have been a big part of the offense’s success thus far.