The Marlins have sued at least nine season ticket holders and vendors

MIAMI, FL - MAY 04: Miami Marlins owner Jeffery Loria looks on during the game between the Miami Marlins and the Arizona Diamondbacks at Marlins Park on May 4, 2016 in Miami, Florida. (Photo by Rob Foldy/Getty Images
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Earlier this month we reported that the Miami Marlins had sued a season ticket holder, Mickey Axelband, alleging that he reneged on the second year of a two-year season ticket agreement. Axelband, who had been a season ticket holder with the Marlins since their inaugural season in 1993, claimed that the Marlins reneged first, eliminating amenities which they promised upon the move to Marlins Park and failing to deliver on others.

In that post we observed that it is uncommon for teams to sue ticket holders. It’s bad form to begin with as season ticket holders are a club’s most valuable and dedicated customers. But it’s also dumb in that there are virtually limitless options available to a club to resolve disputes with ticket holders short of litigation. Why would the Marlins sue in this situation? Maybe there was more to it than we knew? Maybe this was just an extreme outlier of a case?

Nope. The Miami New Times reports today that this seems to be pretty par for the course for Jeff Loria’s Marlins. The Marlins, in fact, have sued at least nine season ticketholders and luxury suite owners since 2013. They are also locked in litigation with two stadium vendors. The concessioners claim that the Marlins induced them to pay big rights fees in order to set up business inside Marlins Park by promising big, big crowds, only to fail to deliver on those promises and to see the vendors go out of business or be unable or unwilling to pay what the Marlins demanded.

The story goes deep on Axelband’s dispute with Miami and that of a pizza vendor. Overall it paints a portrait of a Marlins club which doesn’t seem to give a crap about fans or its business partners, only the bottom line. Unless, of course, it’s trying to pose as a civic institution so it can get tax dollars to pay for its big stadium and rights fees from potential vendors. Now that they have the stadium, however, and now that the ink is dry on those deals, they’re portraying themselves like any other company, entitled to enforce their business deals in any way necessary.

And, legally speaking, they are. But they’re certainly approaching things differently than most ball clubs do. And in a way that puts lie to the notion that sports teams should be given any extra leeway when it comes to giving them all of the things they ask for.

Clint Barmes retires

LOS ANGELES, CA - MAY 29:  Shortstop Clint Barmes #12 of the Pittsburgh Pirates throws to first to complete a double play to end the seventh inning after forcing out Chone Figgins #18 of the Los Angeles Dodgers at Dodger Stadium on May 29, 2014 in Los Angeles, California.  (Photo by Stephen Dunn/Getty Images)
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Veteran infielder Clint Barmes has announced his retirement.

Barmes was playing for Triple-A Omaha in the Royals system and he simply came to the decision to hang it up during a recent game when he was replaced late in the game to make way for a younger player. He tells Jessica Kleinschmidt of FanDuel that it was a cold night, he was stiffening up and, in a rather matter-of-fact tone, says he just decided that he had played enough.

Barmes, 37, played eight years with the Rockies, three with the Pirates and one each with San Diego and Houston. He was one of the best defensive shortstops in baseball for several years but one 23-homer season in 2009 notwithstanding, he never really hit and once the range started to go so too did his justification for being on a big league roster. Last season he hit just .232 with a .633 OPS in 98 games for the Padres. He hadn’t topped a .700 OPS since 2009. His hope to snag a utility infielder role on the Royals this spring didn’t pan out but the club signed him to a minor league deal after releasing him and it’s not crazy to think that he would’ve gotten a chance to play in Kansas City at some point this season.

Still, he sounds pretty fulfilled and content with his decision to hang ’em up. And, unlike a lot of guys, he got the chance to make the decision himself rather than have someone else make it for him.

Bartolo Colon: not always a longball threat

NEW YORK, NY - MAY 05:  Bartolo Colon #40 of the New York Mets heads back to the dugut after he struck out swinging in the third inning against the Baltimore Orioles on May 5, 2015 at Citi Field in the Flushing neighborhood of the Queens borough of New York City.  (Photo by Elsa/Getty Images)
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The baseball world went batty when Mets starter Bartolo Colon hit a homer a couple of weeks ago. That, combined with a few other nice offensive performances from pitchers in the days surrounding that led to a mini groundswell of “this is why the DH is dumb! Pitchers batting provides us with such wonderful entertainment!” chatter.

Which is fine as far as it goes. But for every yin of a serendipitous pitcher home run comes the yang of pitcher hitting futility. Or, in some cases, pitchers not even trying. Colon himself took that to the next level last night, telling the opposition to just groove him fastballs at which he promised not to swing due to a sore back:

At the plate, Colon did his best to not contribute to Gonzalez’s rough night, telling catcher Wilson Ramos he wasn’t going to swing.

“I swing at the balls pretty hard and I thought, not worth making my back worse, so I told their catcher from the beginning, `Just throw it right down the middle, I’m not swinging,'” Colon said through a translator. “After that first at-bat and they threw me that changeup, I was like: `No, I promise you. Throw it right down the middle. I am not going to swing.'”

And he didn’t swing. He struck out looking all three trips he took to the plate, watching fourteen pitches sail by in the process.

This is a venial sin, not a mortal one, as pitchers have been mailing it in at the plate since the game was invented (pitchers’ inability and lack of need to hit was being noted in the 19th century). But it is rather ironic that the majority of anti-DH sentiment comes from people who like to cite the purity of the game and all that jazz. I get the strong sense that folks who care about such things would, in all other instances, lose their minds if a player not only took three plays off in a game but literally told the opposition he wasn’t going to try.

Tony Gwynn’s family sues tobacco companies for wrongful death

Tony Gwynn
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The widow of Hall of Famer Tony Gwynn and their two children, former major leaguer Tony Gwynn Jr. and Anisha Gwynn-Jones, have filed a wrongful death lawsuit in San Diego Superior Court arising out of Gwynn’s death of oral cancer in 2014.

According to the lawsuit, Gwynn started dipping as a 17-year-old while playing baseball for San Diego State. According to the complaint, “Once Defendants got Tony addicted to their products, he became a self-described `tobacco junkie”‘ who used 1 1/2 to 2 cans of Skoal per day.” The suit seeks unspecified damages against Altria Group Corp., the parent company of Philip Morris, and US Smokeless Tobacco Co. LLC.

It will not be an easy lawsuit for the Gwynn family to win. While Gwynn himself cited his copious tobacco use as the cause of the salivary gland cancer which eventually killed him — and while it makes a lot of intuitive sense to assume that smokeless tobacco use + time = oral cancer — Gwynn’s specific form of cancer, of the parotid gland, is not associated with tobacco use. The gland which developed the cancer was around his ear and there has been no observed link between smokeless tobacco use and cancer of that particular gland, let alone any sort of consensus on the matter. There are strong links, obviously, between smokeless tobacco use and cancer of the stomach, esophagus, pancreas, mouth, and throat, in addition to other health problems.

None of which is to say definitively that tobacco didn’t cause Gwynn’s cancer — there just isn’t enough medical data on this form of cancer to be so certain — or that the defendants in this case may not settle with the Gwynn family to avoid the expense, risk and bad p.r. of defending a suit arising out of the death of a beloved figure. But it is certainly not a slam dunk by any stretch of the imagination, and Gwynn’s family will have the burden of proof.