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.
Yesterday it was reported that someone stole Jose Fernandez’s high school jersey, which had been hanging in the Alsonso High School dugout in Tampa for a vigil. That was pretty vile stuff indeed.
Thankfully, however, someone’s conscience got the best of them: the jersey has been returned. School officials say that a family found a large envelope outside of the high school with the words “Jose’s jersey” written on it. They took the envelope into to the school this morning and the jersey was found inside.
Bad form taking it, whoever you are, but in most cases it’s never too late to make a better decision and fix your mistakes.
In late August, when everyone started looking at the schedule in an effort to see who had the easiest road ahead of them to the playoffs, the Tigers stood out as particularly blessed. The end of their season featured several games against the lonely Twins and, if things were tight heading into the final weekend, a three-game series against the lowly Braves.
Problem: the Braves have not been very lowly lately, and that could cause the Tigers all kinds of grief.
Atlanta has won 10 of 11 games. They’ve scored 66 runs in those games and their pitching staff has an ERA of 3.28 over that span. Oh, and remember how, earlier in the season, the Braves were hitting like a deadball era team, being outhomered by multiple individual players? Well, they’ve hit ten during this neat little run. Really, though, the run isn’t that little. They’ve won 19 of 30 and have been a solid team, offensively speaking, since late July. They’re hot as heck now and haven’t been pushovers for some time.
So enter the Tigers, who have been seesawing through August and September and who have to play in Atlanta this weekend without their DH, Victor Martinez. Oh, and who stand a halfway decent chance of having to fly out of Atlanta Sunday evening for a makeup game in Detroit that could then cause them to play a tiebreaker game in Toronto or Baltimore which could then have them travel to the other city for a Wild Card game. And that’s if things break decently.
If they break poorly? It’ll be a long, season-closing flight home from Atlanta. A city that was supposed to provide respite for them when it first appeared on the schedule.