loria getty

Jeffrey Loria posts “Letter To Our Fans” in Miami newspapers

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Marlins owner Jeffrey Loria took out a full-page ad in the Sunday editions of the Miami Herald, Palm Beach Post and South Florida Sun-Sentinel and published a “Letter To Our Fans.” Here it is in all its glory:

LETTER TO OUR FANS

It’s no secret that last season was not our best — actually it was one of our worst. In large part, our performance on the field stunk and something needed to be done. As a result of some bold moves, many grabbed hold of our tough yet necessary decision only to unleash a vicious cycle of negativity. As the owner of the ballclub, the buck stops with me and I take my share of the blame where it’s due. However, many of the things being said about us are simply not true. I’ve sat by quietly and allowed this to continue. Now it’s time for me to resond to our most important constituents, the fans who love the game of baseball.

THE ROSTER

Losing is unacceptable to me. It’s incumbant upon us to take swift action and make bold moves when there are glaring problems. The controversial trade we made with the Toronto Blue Jays was approved by Commissioner Bud Selig and has been almost universally celebrated by baseball experts outside of Miami for its value. We hope, with an open mind, our community can reflect on the fact that we had one of the worst records in baseball. Acquiring high-profile players just didn’t work, and nearly everyone on our team underperformed as compared to their career numbers. Our plan for the year ahead is to leverage our young talent and create a homegrown roster of long-term players who can win. In fact, objective experts have credited us with going from the 28th ranked Minor League system in baseball to the 5th best during this period. Of the Top 100 Minor Leagues rated by MLB Network, we have six — tied for the most of any team in the league. We’ll evaluate this roster and possibly bring in additional talent based on our assessment of what we need. The very same naysayers who are currently skeptical once attacked us for bringing Pudge Rodriguez to the Marlins in 2003. More than any other, that move contributed to our World Series Championship.

THE BALLPARK

The ballpark issue has been repeatedly reported incorrectly and there are some very negative accustations being thrown around. It ain’t true, folks. Those who have attacked us are entitled to their own opinions, but not their own facts. The majority of public funding came from hotel taxes, the burden of which is incurred by tourists who are visiting our city, NOT the resident taxpayers. The Marlins organization also agreed to contribute $161.2 million toward the ballpark, plus the cost of the garage complex. In addition, the Marlins receive no operating subsidy from local government funding. The ballpark required that all debt service is paid by existing revenue. Furthermore, many are attacking the County’s method of financing for its contribution, but the Marlins had nothing at all to do with that. The fact is, with your help, we built Marlins Park, a crown jewel in our beautiful Miami skyline, which has won over twenty design and architecture awards and will help make us a premiere ballclub moving forward.

OUR FINANCES

The simple fact is that we don’t have unlimited funds, nor does any baseball team or business. Fans didn’t turn out last season as much as we’d like, even with the high-profile players the columnists decry us having traded. The main ingredient to a successful ball club is putting together a winning team, including a ncecessary core of young talent. Are we fiscally capable and responsible enough to fill the roster with talented players, invest in the daily demands of running a world-class organization and bring a World Series back to Miami? Absolutely! Is it sound business sense to witness an expensive roster with a terrible record and sit idly by doing nothing? No. I can and will invest in building a winner, but last season wasn’t sustainable and we needed to start from scratch quickly to build this team from the ground up.

COMMUNICATION

An organization is only as good as its connection with the community. We know we can do a better job communicating with our fans. That starts now. From this point forward we can ensure fans and the entire community that we will keep you abreast of our plan, rationale and motivations.

Amidst the current news coverage, it an be easy to forget how far we went together not so long ago. In 2003, I helped bring a second World Series Title to South Florida. We know how to build a winning team, and have every intention of doing so again. I know you share my passion for great Marlins baseball, my love of MIami and my desire to win again. We’re in this together and I humbly ask that we start fresh, watch us mature qjuickly as a ball club, and root for the home team in 2013.

Sincerely,

Jeffrey Loria

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.