Frank McCourt’s former law firm sues him

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Frank McCourt got sued yesterday by his former law firm, Bingham McCutchen. This is a suit for declaratory judgment, which for all practical purposes means that they sued McCourt because it was obvious that he was going to sue them, and they wanted to get the drop on him. Bingham (a) is asking for a declaration that it did no wrong when it represented McCourt and his wife when drafting up the marital property agreement that is the subject of the divorce case; and (b) is asking to get paid, because McCourt has apparently not done so.

Nor would I have, frankly, because Bingham screwed the pooch here.  You’ll recall that the reason Jamie McCourt was declared to be a co-owner of the Dodgers in the lawsuit was because the judge invalidated the marital property agreement that was designed to cut her out. He did so because the Bingham lawyer who as in charge of it messed up and then replaced the document Frank McCourt thought he was getting — the one with him listed as sole owner of the Dodgers — for the mistaken one that showed Jamie as co-owner.  Mistakes happen, but when you’re a lawyer you don’t fix ’em by pulling the old switcheroo.  By doing so, the Bingham’s lawyer allowed Jamie to argue — against what seemed like common sense and the parties’ intentions — that, sure, she was always supposed to own the team.  And now, legally speaking, she does.

It’s always better to be the plaintiff than a defendant, of course, especially because you get to pick the court and get the first crack at framing the issues. Bingham has done that, picking Massachusetts as the forum and casting this as a case in which McCourt’s damages are all of his own doing.  I’m the last person who will deny that McCourt has shot himself in the foot several times, but boy howdy, is it a tough sell to say that his acts, as opposed to the incompetence of the Bingham lawyer in charge of the marital property agreement, are what led to the current fragmented state of the Dodgers ownership.  And it has likely cost McCourt a couple hundred million dollars.

Dustin Pedroia leaves game with a sprained left wrist

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Bad news for the Red Sox today. Second baseman Dustin Pedroia was involved in a collision at first base with Jose Abreu of the White Sox. Pedroia stayed in the game at the time but was replaced by Josh Rutledge in the second.

The injury: sprained left wrist. Which, no, is not good, but there was some initial concern that he may have aggravated the knee which has been bothering him of late. They’ll no doubt provide an update after the game. As of now, the Sox lead the Sox 1-0 in the bottom of the third.

 

Brad Ausmus is not a fan of the Tigers’ schedule

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Everyone in baseball has a tough schedule. The season is a grind. Some teams, however, due to weather and happenstance, have stretches which are a tougher grind than others. The Tigers are in one of those right now.

Detroit played the Astros on Thursday night, and lost in a three-hour and thirty minute contest. It was a getaway day, er, night, and they didn’t get to Chicago to face the White Sox until the wee wee hours of the morning on Friday. Waiting for them: a double header which was to start at 4pm. The first game of it was rained out, though, so they woke up after a short “night’s sleep for nothing. Then the nightcap was delayed over an hour, giving them another late bedtime. On Saturday it was another double header, so it was another early wakeup and another long day at the park. And, of course, another day game on Sunday, before a flight to Kansas City.

This stretch has made Brad Ausmus grumpy. Here he was after Friday night’s late finish:

“Give some credit to the White Sox pitchers, give some credit to the schedule we have. We’ll try to get about 5 hours of sleep and come back tomorrow and play two more.”

He was particularly miffed at the scheduling of two doubleheaders in a row:

“You can’t control the weather but I think it would have been prudent to play the second game tomorrow in August,” he said. “That would have made a lot more sense to me.”

Ausmus did note, however, that it’s not the White Sox’ job to make a schedule that is convenient for their division rivals.

You can look at this in a few different ways. One one level, Ausmus is understandably upset about a particularly arduous stretch of games. On another level he’s probably trying to protect his players, who have looked flat, by changing the subject from their play to the schedule. On a different level, you could say that he’s making excuses for a team that is underachieving. And, of course, those three things are not mutually exclusive.

The thing is, though, that the Tigers have lost seven of ten, are five out of first place, four games under .500 and could conceivably leave their series with the Royals this week in dead last in the Central. Ultimately, extenuating circumstances like the weather and an unfortunate schedule don’t save a manager whose talented and highly-paid team struggles like the Tigers have. If they don’t turn it around soon, Ausmus could be hitting the bricks and the Tigers could be fixing to sell off and rebuild.