Judge tosses all but two of the bankruptcy trustee’s claims against the Wilpons

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The judge has issued a ruling in the bankruptcy case involving the Fred Wilpon, Saul Katz and the Bernie Madoff fraud.  Full reports aren’t out yet, but it sounds like a bit of a mixed-bag, but generally good news for Wilpon and the Mets:

  • Good news for Wilpon and the Mets: all but two counts brought by the bankruptcy trustee, Irving Picard, have been dropped;
  • Bad news for Wilpon and the Mets: one of the two claims that remain — fraud — could, theoretically speaking, still leave them on the hook for a $1 billion liability, should the trustee prove his case;
  • Good news for Wilpon and the Mets: there appears to be a higher burden of proof placed on the trustee than he had originally sought in order to make such a recovery: he has to prove that “the defendants willfully blinded themselves to Madoff Securities’ fraud” as opposed to having to show that they could have been aware of it had they exercised good judgment.

There is still risk here, but the risk of the massive, Mets-killing award of $1 billion is much lower, because the trustee will have to show some serious bad acts on the Wilpons’ and Katz’s part in order to get there, not just that they were generally unaware.  And while, yes, there are many people who are skeptical that sophisticated business people like Wilpon and Katz had no reason to investigate Madoff’s investments further, there hasn’t been any suggestion that I’m aware of that they ignored actual evidence that a fraud was afoot and played the see-no-evil, hear-no-evil trick with respect to it.

So where does that leave things? Both sides seem to have risk here. The trustee has had most of his case blown away and, while there still exists the potential for a home run, it’s no sure thing at all. The Wilpons still have that giant potential liability there, but it’s not imminent. This is generally where parties to a big money suit take a step back and try to settle. It might be the best course for both parties here.

Report: Blue Jays and Marco Estrada nearing agreement on contract extension

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Jon Morosi reports that the Blue Jays and starter Marco Estrada are nearing an agreement on a contract extension. The deal is expected to be for one guaranteed year, Morosi adds.

Estrada, 34, was set to become a free agent after the season. He earned $26 million on a two-year contract signed with the Jays in November 2015. While the right-hander has a subpar 4.84 ERA on the season, he has a solid 170/67 K/BB ratio in 176 2/3 innings and has looked much better since the end of July. Between July 31 and his most recent start on Saturday, Estrada owns a 3.75 ERA.

J.A. Happ is the only other starter technically under contract with the Jays next season. Marcus Stroman will be eligible for his second year of arbitration and the Jays will certainly agree to give him a raise on his $3.4 million salary for the 2017 season. The Jays will likely be active this offseason in adding rotation help and they’re starting early by locking up Estrada.

Video: Jackie Bradley, Jr. robs Chris Davis of a home run

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Red Sox center fielder Jackie Bradley, Jr. robbed Orioles first baseman Chris Davis of his 25th home run on Tuesday evening, leaping at the fence in center field to make the catch and keep the game scoreless in the bottom of the fifth inning.

Davis swung at the first pitch he saw from Drew Pomeranz, a slider that crossed the middle of the plate.

This game has potential playoff implications, as the first-place Red Sox hold a three-game lead over the Yankees in the NL East. Meanwhile, the Orioles are still in the AL Wild Card race, trailing the Twins by 5.5 games for the second Wild Card slot.