Curt Flood

Curt Flood’s lawyer was unprepared

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This comes from the “I never knew that” file.

Apparently Curt Flood’s attorney in front of the Supreme Court for his famous — and ultimately ill-fated — challenge of the reserve clause was woefully unprepared. That, via the New York Times, is the story that will be told in a documentary that will air tonight on HBO entitled “The Curious Case of Curt Flood.”

The lawyer was not just any lawyer, though. It was Arthur J. Goldberg, who was a justice on the freaking Supreme Court from 1962-1965, helping (for better or worse, depending on your point of view) take the court in a sharply more liberal direction than it had been in the past. Goldberg crafted decisions on the death penalty and privacy rights, among other things, which continue to help fuel fierce debate to this day.

Say what you want about the merits of those decisions, but you don’t make that kind of mark by half-assing things.  Goldberg had a very bad day representing Curt Flood in 1972, however, and as the story and the documentary explain, it was probably because he half-assed it:

He did not deliver pointed, persuasive arguments. He lost his place. He did not answer justices’ questions directly. He clumsily listed Flood’s season-by-season batting averages. He went past his allotted time. He repeated himself. He spoke as if he did not understand baseball, citing the several “Golden Gloves competitions” Flood won for his excellent work as a center fielder. Brad Snyder, the author of “A Well-Paid Slave,” about the Flood case, wrote that Justice William Brennan cringed at watching his friend’s struggles.

David Stebenne, Goldberg’s biographer, said Goldberg admitted that he had not prepared the way he should have, incorrectly assuming that the justices who had served with him would see the error of sticking by past decisions — and not wait any longer for Congress.

On the one hand, the effect of this may be overstated.  Most appellate judges and their clerks will tell you that, usually anyway, the judges’ minds are made up before the oral argument, based on reading and scrutinizing the legal briefs which have already been submitted.  Oral argument is used to test the preliminary decision that was made, suss out nuances which were unclear from the briefs and that kind of thing.  Sure, the arguments can change a judge’s mind, but if you’re going to strike out on one of the phases of the case, better to have a bad day at oral argument than to submit a bad brief.

That said, you should do neither. A lawyer can win a case if he or she is talented or relatively untalented. A lawyer can win a case if the law is mostly on their side or if they’re fighting an uphill battle. What a lawyer can rarely get away with, however, is being unprepared. It casts a pall on your entire case. It causes the judges to go back and look at that brief and wonder if it really was as good as they thought. It also freaks your client out, and that’s not good.

My guess: Goldberg’s awful, unprepared performance didn’t change the course of the Curt Flood case,* because the justices likely made up their minds beforehand.  But it sure as hell didn’t help.

 

*I don’t have HBO, so someone tell me tomorrow if the documentary comes to any strong conclusion about this.

Brewers GM: Acquiring Jacob Nottingham doesn’t change Jonathan Lucroy’s status

Jonathan Lucroy
AP Photo/Jacquelyn Martin
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The Brewers acquired prospects Jake Nottingham and Bubba Derby from the Athletics on Friday in exchange for slugging outfielder Khris Davis. The hope is that Nottingham will develop into the Brewers’ catcher of the future, so you could say that the club is planning for life after Jonathan Lucroy. However, Brewers general manager David Stearns said today that the trade doesn’t change Lucroy’s immediate status.

The Brewers are in rebuild-mode and Lucroy is an excellent trade chip if healthy, as his contract includes a $5.25 million club option for 2017. It’s likely just a matter of time before he’s shipped elsewhere, but yesterday’s trade shouldn’t change the timeline for a potential deal. Nottingham doesn’t turn 21 until April and has yet to play in Double-A, so he’s still a ways off from the majors. The Brewers can afford to wait on the right offer for Lucroy, whether it’s in spring training or at the trade deadline or perhaps later.

Checking in at 6-foot-3 and 230 pounds, Nottingham batted .316/.372/.505 with 17 home runs over 109 games last season between Class A and High-A. He was traded from the Astros to the Athletics as part of the Scott Kazmir deal last July. It’s worth noting that Stearns was the assistant GM for Houston when Nottingham was drafted in the sixth round back in 2013, so he’s clearly a fan.

Joe Panik says he’s “100 percent” recovered from back injury

San Francisco Giants second baseman Joe Panik follows through on a single off Colorado Rockies relief pitcher Scott Oberg in the eighth inning of Game 1 of a baseball doubleheader Saturday, May 23, 2015, in Denver. The Giants won 10-8. (AP Photo/David Zalubowski)
AP Photo/David Zalubowski
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Giants second baseman Joe Panik missed nearly all of August and September last season due to a nagging back injury, but he told Alex Pavlovic of CSNBayArea.com on Friday that he’s feeling “100 percent.”

Panik, who earned his first All-Star selection last season, originally landed on the disabled list in early August due to what was described as lower back inflammation. He made his return in September, but appeared in just three games before being shut down. The good news is that he was cleared by doctors in mid-December and considers himself “back to normal.”

“It was right around the time of all the signings,” he said, smiling. “I was able to fly under the radar. I got tested and everything had healed up. I got cleared and was able to have my full offseason workouts. I’m good to go. I’m happy to be feeling good and going back out on the field to show that I’m healthy. My swing feels strong.”

Panik altered his offseason workout routine and plans to spend less time in his spikes in the early part of spring training. The hope is that these changes will prevent future issues.

After a strong showing as a rookie in 2014, the 25-year-old Panik proved to be one of the best second baseman in the majors last season by batting .312/.378/.455 with eight home runs and 37 RBI over 100 games while playing solid defense.

Baseball America names Corey Seager as baseball’s top prospect

Los Angeles Dodgers' Corey Seager follows through a single that scored Austin Barnes, in front of Colorado Rockies' Wilin Rosario during the sixth inning of a baseball game, Wednesday, Sept. 16, 2015, in Los Angeles. (AP Photo/Danny Moloshok)
AP Photo/Danny Moloshok
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Baseball America unveiled their top 100 prospect list Friday night during a special on MLB Network. It should come as no surprise that Dodgers infielder Corey Seager came in at No. 1.

This makes Seager the consensus top prospect in the game. He was also ranked first by MLB.com, Baseball Prospectus, and ESPN’s Keith Law. Twins outfielder Byron Buxton was ranked second on all four lists.

Baseball America has the most aggressive ranking of Cuban infielder Yoan Moncada from the Red Sox, who checked in at No. 3. He was followed by pitching prospects Lucas Giolito from the Nationals and Julio Urias from the Dodgers to round out the top five.

You can see Baseball America’s full top 100 list here.

Jenrry Mejia: “It is not like they say. I am sure that I did not use anything.”

New York Mets' Jenrry Mejia reacts after getting the last out against the Milwaukee Brewers during the ninth inning of a baseball game Friday, July 25, 2014, in Milwaukee. The Mets won 3-2. (AP Photo/Jeffrey Phelps)
AP Photo/Jeffrey Phelps
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Mets reliever Jenrry Mejia was permanently suspended on Friday after testing positive for a third time for a performance-enhancing drug. The right-hander is maintaining his innocence, as ESPN’s Adam Rubin notes in quoting Dominican sports journalist Hector Gomez. Mejia said, “It is not like they say. I am sure that I did not use anything.”

Mejia has the opportunity to petition commissioner Rob Manfred in one year for reinstatement to Major League Baseball. However, he must sit out at least two years before becoming eligible to pitch in the majors again, which would mean Mejia would be 28 years old.

Over parts of five seasons, Mejia has a career 3.68 ERA with 162 strikeouts and 76 walks over 183 1/3 innings. He was once a top prospect in the Mets’ minor league system and a top-100 overall prospect heading into the 2010 and ’11 seasons.