Baltimore Orioles manager Buck Showalter looks on during play against the Toronto Blue Jays in their first game of a double header during an MLB American League baseball game in Baltimore

Three exciting days left in the regular season

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We are down to the final three days of the regular season, and there is so much still to be decided. Here’s an overview for the craziness that will be afoot between now and Wednesday night:

The Races:

The teams involved in the playoffs are close to being set. The Yankees, Orioles and Rangers have clinched three of the five playoff spots in the American League. The Nationals, Braves, Reds and Giants have clinched four of the five in the NL.  All that’s left as far as the participants go are the identity of the AL Central representative and the final two wild card teams.

  • The Tigers have a three-game lead over the fading White Sox in the AL Central. One Tigers win in any of their final three games against the Royals in Kansas City or one White Sox loss in any of their final three in Cleveland gives the division crown to Detroit.
  • As for the wild card, in the American League, the Athletics are one win — or one Angels loss — in any of the final three games away from clinching.  The A’s play their final series at home against the Texas Rangers.  The Angels play their final three on the road against the Mariners.
  • In the National League, the Cardinals are two wins — or two Dodgers losses — in any of the final three games away from clinching.  The Cardinals finish up at home against the Reds. The Dodgers finish up at home against the Giants.

But making the postseason isn’t everything. Not in this new world of the one-game wild card playoff.  That’s what the Yankees and Orioles are playing for in the AL East. They are in a deadlock at 92-67, and each want like the dickens to avoid having to play that all-or-nothing wild card game on Friday.  The Orioles play their final three at Tropicana Field against the hot, hot Tampa Bay Rays.  The Yankees finish up at home against the Red Sox.

Technically speaking the Nationals and Rangers have not yet clinched their divisions either, but each hold a three-game lead over their pursuers — the Braves and Athletics, respectively — so any one win by the leader or one loss by the second place team ends those races as well.

The most likely playoff matchups:

The most likely outcomes right now would lead to the following playoff matchups:

  • Wild card playoff: The Cardinals vs. Braves in Atlanta and the loser of the AL East — my guess is the Orioles due to that tough series against Tampa Bay — facing off against the Athletics.  That game will be played in the home park of the team with the better record.
  • Division Series:  The wild card team that advances to the Division Series will face the team with the best record in the league.  At present, the Reds and Nationals have identical 96-63 records. Currently the Rangers have the best record in the AL, but both the Orioles and Yankees are only a game behind.  The upshot: we won’t know until Wednesday who the wild card playoff winner will face.

Awards:

  • AL MVP:  If the season ended today, Miguel Cabrera would win the Triple Crown. But it doesn’t end today, and his lead for the batting title (.325 to Joe Mauer’s .323 and Mike Trout’s .321) and the home run title (tied with Josh Hamilton at 43) are razor-thin.  Many suspect that if Cabrera wins the Triple Crown — a feat which has not been accomplished since 1967 — he will win the MVP.  Others — including your dear author — believe that winning the Triple Crown, however rare and admirable a feat that is does not make up for the fact that Mike Trout is the better all-around player, posting batting numbers that are close to Cabrera’s, but standing as the far, far superior defender and baserunner.
  • NL MVP: The National League has a close race for the MVP as well, although only one of the leading candidates — Buster Posey — is on a playoff-bound team.  Ryan Braun and Andrew McCutchen are still in the conversation.
  • Cy Young Award: The Cy Young Award races are fairly wide open. In the National League R.A. Dickey still has one start remaining, and we’re likely to still see appearances from the relief candidates who have bandied about: Craig Kimbrel and Aroldis Chapman.  The AL Cy Young is even more up-f0r-grabs. Neither Justin Verlander nor David Price will start again, however. Jered Weaver will pitch on the last day of the season and, though remote, it’s possible he’ll be trying to pitch the Angels into the playoffs.
  • Rookies, Managers of the Year: Rookies of the Year haven’t gotten much talk of late, but Mike Trout is a mortal lock in the American League. Wade Miley of the Arizona Diamondbacks looks to be the front runner in the senior circuit.  Most folks figure that Buck Showalter and Davey Johnson have the Manager of the Year awards locked up, and nothing that happens this week will change that.

Three days left. So much already decided, yes. But still so much to play for. Buckle up, everyone.

Adams homers in 16th to lift Cardinals over Dodgers 4-3

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ST. LOUIS — Matt Adams homered in the 16th inning to lead the Cardinals to a 4-3 win over the Los Angeles Dodgers on Friday night for St. Louis’ season-best fifth straight victory.

It was the second consecutive game that the Cardinals won in their final at-bat. They beat the Padres on Thursday after scoring a run in the ninth inning.

Adams homer came with one out off Bud Norris (5-9), who gave up six runs as a starter in an 8-1 loss at Washington on Wednesday.

Seth Maness (1-2) picked up the win with a scoreless inning of relief for St. Louis, which was playing its longest game of the season.

Jedd Gyorko hit a two-out homer off closer Kenley Jansen in the ninth to tie the game 3-3.

Justin Turner and Howie Kendrick homered for the Dodgers. Los Angeles has lost four of six. The red-hot Turner has seven homers and 17 RBI this month. He hit two homers in a 6-3 win over Washington on Thursday.

Turner blasted his career-high 18th homer of the season off Seung Hwan Oh in the ninth to break a 2-2 tie.

Corey Seager had four hits and drove in the first run of the game. He had hit in seven successive at-bats before flying out in the ninth.

Kendrick’s solo shot in the sixth tied the game 2-2. He has hit in 14 successive games trying Colorado’s Charlie Blackmon for the longest current streak in the majors.

Los Angeles starter Brandon McCarthy allowed one hit and two runs over 6 1-3 innings, the longest of his four starts this season. He left with leg cramps. McCarthy struck out four and walked three.

St. Louis starter Michael Wacha allowed two runs on 10 hits in six innings. He struck out four and walked one.

Dodgers reliever Adam Liberatore recorded his 28th successive scoreless outing by retiring two of four batters in the seventh. He has not allowed a run in 41 of 42 appearances this season.

Minor League Players’ Wage Suit against Major League Baseball suffers a huge setback

The judge's gavel is seen in court room 422 of the New York Supreme Court at 60 Centre Street February 3, 2012. REUTERS/Chip East
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A judge handed minor leaguers looking to hold Major League Baseball liable for underpaying and exploiting them a huge setback today, ruling that the case cannot go forward as a class action. Minor leaguers who want to sue over their pay and treatment still can, but they’ll have to do it individually. The ruling saps the minor leaguers of their leverage, as Major League Baseball would likely be able to fend off individual cases which, by themselves, might only amount to several thousand dollars per claim.

The background: in 2014, former Miami Marlins player Aaron Senne sued Major League Baseball, Bud Selig, and three major league clubs claiming that minor leaguers are underpaid and exploited in violation of the Fair Labor Standards Act. He was later joined by former Royals minor leaguer Michael Liberto and Giants farmhand Oliver Odle. Eventually others joined and the suit had been expanded to 22 teams as defendants.

The upshot of the case is that, while the minor league season lasts only part of the year, players are required to do all sorts of things outside of merely playing games for which they are not compensated. Training, meetings, appearances and the like. When all of that time is added up, the players claim, their already low salaries are effectively far below minimum wage in violation of the law. Major League Baseball has countered this by claiming that minor leaguers are basically part time seasonal workers — like landscapers and pool boys — who are not subject to federal labor laws.

Last year the judge gave the case conditional certification, allowing the players to try to establish that it should go forward as a class action. This would streamline the case from the plaintiffs’ perspective and give them the power of collective action by asserting hundreds or more similar cases into one proceeding. The judge’s ruling today, however, was that the cases really weren’t factually similar and thus collective action was not appropriate because figuring out how many hours each player worked and what was required of him varied too greatly among the players.

From his order:

“The difficulties associated with determining what activities constitute ‘work’ in the context of winter training are compounded by the fact that there appear to be no official records documenting these activities. Because it may be impossible to determine from official records the types of conditioning activities in which the players engaged, membership in the state classes based on winter training would depend largely upon the players’ ability to remember, with a reasonable amount of detail, what they did during the off-season (often for multiple years and for many, several years in the past) to stay fit.”

The judge said that, in light of this, each case would be unique and would require “individualized inquiries” to find damages and liability. That phrase –“individualized inquiries” — constitutes magic words which sink would-be class actions. If a company overcharges all of its customers by $8 due to an error repeated a million times, it’s easy to look at one set of facts and judge them together. If you had to look at a million different wrongs, that’s no class action. And so it is not a class action for the players.

As many courts who have dealt with these sorts of cases have noted, for many plaintiffs, a class action is the only practical method of adjudicating Fair Labor Standards Act cases because individual plaintiffs are frequently unable to bear the costs of separate trials. They are, by definition, (allegedly) exploited workers. They’re not going to be able to pay legal costs and fight off a multi-billion dollar business in order to collect the few thousand dollars they were underpaid. At the same time, however, the defendants have rights too and, if the facts of each players’ treatment truly differ (e.g. the Yankees make their minor leaguers do more than the Brewers do) it’s not fair to bind one defendant’s defense to the acts of another.

So, where does this leave the players? Not dead. Not yet, at least. Their claims have not been dismissed on the merits. They have only been denied the right to act collectively. The individual plaintiffs can now file separate lawsuits against their former employers and Major League Baseball under the same theories. It would be harder to land a big blow in such a scenario, but if enough do, it could end up being death by a thousand cuts for the clubs and the league. Their legal fees might go up and, eventually, if they lose enough of these cases, more might be filed. There are a lot of former minor leaguers, after all, and once there’s some blood in the water, more of them — and their lawyers — may enter the frenzy. Decertification is certainly a win for the league right now, but it’s not necessarily a permanent win.

There are likewise some other quasi-collective forms this case could take such as multi-district litigation in which the cases, while individual, are coordinated in a loose fashion. That could lead to some efficiencies for suing players even if it’s not as robust as a class action.

We’ve written quite a bit about minor league pay and treatment in this space by now, so you probably know where we stand on it. We believe that minor leaguers are exploited and underpaid and we believe that Major League Baseball has been happy to exploit and underpay them for some time. Ultimately we believe that this state of affairs cannot and will not persist and that eventually, somehow, baseball will either see fit to pay its workers fairly or, more likely, will be forced to do so by a court or by collective bargaining of some fashion.

Today, however, was a big setback for the minor leaguers. Today’s ruling will give Major League Baseball and its clubs more time and more comfort in which to underpay them. There’s no doubt about it.