Albert Pujols AP

Albert Pujols probably shouldn’t bother suing Jack Clark, even if Clark is lying

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Following Jack Clark’s claim that Albert Pujols used performance-enhancing drugs last week, Pujols told reporters that he planned to take legal action against Clark, presumably for defamation. He shouldn’t. And it has nothing to with whether he, in fact, took PEDs or not. It has everything to do with the nature of defamation cases.

There is a lot to lose when you sue for defamation, even if you are telling the truth and the person you are suing did, in fact, lie.  For one thing, defamation cases are hard to win.  This is especially true when the plaintiff is a public figure as Pujols is. That’s because Pujols would have to prove that Clark’s statements were made with “actual malice”. That means that Pujols would have to prove that Clark either knew his comments to be false or said them with reckless disregard as to their truth. Proving that Clark had the requisite malice when mistake, stupidity or mere attention-seeking is so much simpler an explanation for a guy in Clark’s place is an insanely tall order, the sort of which usually requires some sort of documented knowledge on the part of the person in Clark’s position. You can’t win these on a he-said, he-said basis, and so far that’s what this all sounds like.  No matter the case, actual malice is an extraordinary barrier to hurdle. While it does happen occasionally, it truly is newsworthy when a celebrity like Pujols prevails on a defamation claim.

A second problem for Pujols is more of a practical one than a legal one and that’s the inescapable fact that defamation lawsuits often create bigger audiences for the false statements than the false statements enjoyed in the first place. We who follow baseball closely all know what happened with Clark and Pujols last week. If there is a lawsuit wider sports media and possibly even general news and entertainment media will begin to cover it. People who had no idea that there was even a question about Pujols and PEDs will suddenly be reading news reports that — in the interests of appearing to be balanced — will lead with “Did the former MVP take steroids? One man says he did!” It’s totally unfair to a wronged person, but if the matter truly is about the subject’s reputation with the public, the subject is usually better served by letting the story die than he is by trying to vindicate his legal rights. This was the most common advice I’d give potential clients back when I used to handle defamation cases and it was the most common reason for them to decide not to sue.

Finally, there is what I feel is the biggest problem with a lawsuit: the possibility of, perversely, making the world believe Clark’s statements are true even if they aren’t.

Say Pujols sues. And say he loses the case, not because he fails to prove that Clark lied maliciously, but for the reason a lot of cases are lost: technicalities. Failures having to do with something other than the main issue. He can’t prove damages, say. Or it gets dismissed for some other reason, the possibilities of which are several. The savvy and the legally-trained among us may appreciate that the loss was on something other than the merits but most people will merely see “Pujols sued Clark, Clark won the case, ergo Clark was telling the truth.”  Lost in all of that will be the fact that there are a lot of ways someone can lie about another without being successfully sued for it. The history of this little story will always end with “Pujols was unsuccessful in his lawsuit against Clark.”

Reputation is everything. When one damages another’s reputation it can hurt like nothing else. Unfortunately, especially for the famous, there is very little upside to actually filing a lawsuit when one is truly defamed. Even worse than that is that there’s a no-win angle to all of this: if Pujols agrees there is no upside and decides not to sue Clark, many will say “See, he didn’t sue! Clark must be telling the truth!”

That would stink. But it stinks way less than the other options in front of him.

Tim Lincecum to hold long-awaited showcase on Friday

SAN FRANCISCO, CA - JUNE 16:  Tim Lincecum #55 of the San Francisco Giants pitches against the Seattle Mariners during the game at AT&T Park on Tuesday, June 16, 2015 in San Francisco, California. (Photo by Brad Mangin/MLB Photos via Getty Images)
Brad Mangin/MLB Photos via Getty Images
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At long last, the Tim Lincecum showcase has an official date: this Friday, May 6 in Scottsdale, according to CSN Bay Area’s Alex Pavlovic (citing a report from MLB Network’s Jon Heyman). Lincecum, still a free agent, has been allowed to throw at the Giants’ facility in Arizona.

Lincecum, 31, has reportedly still drawn the interest in at least half the league. San Francisco remains Lincecum’s preferred landing spot, however, per Pavlovic.

The right-hander showed better results in 15 starts last season after three consecutive tough campaigns. He finished the 2015 season with a 4.13 ERA and a 60/38 K/BB ratio in 76 1/3 innings. Given how starting pitching is always in demand, Lincecum should walk away with a handful of offers.

Video: J.J. Hardy collects carom off Manny Machado’s glove, converts the out

A ball hit by Chicago White Sox' Todd Frazier gets by Baltimore Orioles third baseman Manny Machado during the fourth inning of a baseball game, Sunday, May 1, 2016, in Baltimore. Baltimore Orioles shortstop J.J. Hardy, not seen, was able to get the ball and throw it to first to get out Frazier on the play. (AP Photo/Nick Wass)
AP Photo/Nick Wass
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Some great defensive plays leave you saying, “Wow!” This one will leave you saying that, and, “How the heck did that happen?”

In the top of the fourth inning at Camden Yards, White Sox slugger Todd Frazier lined a Ubaldo Jimenez offering right at third baseman Manny Machado. The ball skipped and caromed off of Machado’s glove, creating what seemed to be an easy single for Frazier. Shortstop J.J. Hardy, however, was ranging to his right and used his cat-like reflexes to snag the redirected ball. He planted and threw a one-hopper to Chris Davis at first base to convert the out.

The replay at about 21 seconds really does the play justice. Outstanding stuff by Hardy. The Orioles, however, wound up losing 7-1 to the White Sox.

Clayton Kershaw K’s 14 in three-hit shutout, provides Dodgers’ only run

National League pitcher Clayton Kershaw, of the Los Angeles Dodgers, throws during the second inning of the MLB All-Star baseball game, Tuesday, July 15, 2014, in Minneapolis. (AP Photo/Jeff Roberson)
AP Photo/Jeff Roberson
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You could say Clayton Kershaw had a pretty good day. The Dodgers’ lefty limited the Padres to three hits over nine scoreless innings, striking out 14 while walking none. The Dodgers won 1-0, and Kershaw provided that lone run with a single up the middle in the third inning off of Drew Pomeranz.

Kershaw amassed a game score of 95 with the effort — the third game of his career with a game score of 95 or better. The others: a 97 game score against the Giants on September 29 last year, and 102 against the Rockies on June 18, 2014.

Kershaw improves to 3-1 on the year with a 1.96 ERA and a 54/3 K/BB ratio in 46 innings. He’s had double-digit strikeouts in each of his last four starts and he’s yet to go fewer than seven innings in all six starts this season.

Wanna work as a baseball broadcaster for free?

Two drake Mallard ducks fly over Lake Erie near the Cleveland shoreline, Tuesday, April 1, 2014, in Cleveland. Warming temperatures have brought a variety of waterfowl to the area as they stage for the northern migration. (AP Photo/Mark Duncan)
AP Photo/Mark Duncan
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(Hat tip to @ItsTonyNow on Twitter for pointing this story out.)

The Madison Mallards are a collegiate summer baseball team in Wisconsin. College players join the league to have an opportunity to showcase their talents for scouts. Though they’re not exactly the New York Yankees, the Mallards do relatively well for themselves. In 2013, they had the highest average attendance among amateur teams, per The Capital Times.

That makes one of their latest job postings seem rather curious. The Mallards are looking for someone to handle both play-by-play broadcasting duties as well as media relations, as seen in this post. Only one problem: the position is unpaid. Here’s the full description (emphasis mine):

The Madison Mallards are looking for an enthusiastic and ambitious individual to join the front office as the Radio Broadcaster.

This position will manage all day-to-day media relations duties and act as the traveling secretary on all road trips. This is a seasonal position, beginning in May 2016 and ending in mid-August. This position is unpaid. The candidate will serve as the full-time radio broadcaster, traveling with the team during the season.

Duties and responsibilities include but are not limited to:
* Write press releases promoting team initiatives including post-game recaps for the team website.
* Coordinate all aspects of team travel including notifying restaurants, hotels, and other teams, getting team orders, room assignments, etc.
* Broadcast all 72 Northwoods League games on 1670 The Zone including pre- and post-game shows, during the regular season (and playoffs if necessary).
* Ability to work long hours, including weekends, as business indicates.
* Strong written and verbal communication skills
* Produce radio commercials for the Mallards and business partners
* Work closely with GM and Corporate Service team to include all sponsor and promotional live reads each gameUpdate the Mallards website daily
* Other duties as assigned by GM

The habit of baseball teams looking for free labor isn’t exactly new. The U.S. Department of Labor investigated the Giants and Marlins in 2013 for possible wage law violations. That included the Giants being investigated for “possible improper use of unpaid interns.” The Giants ended up paying $544,715 in back wages. In a memo that year issued by Rob Manfred, he cited the Department of Labor believing that MLB’s habit of taking advantage of unpaid interns was “endemic to our industry.”

According to U.S. law, a for-profit company can hire an unpaid intern by meeting each of six criteria, according to FindLaw:

  • The internship is similar to training which would be given in an educational environment
  • The experience is for the benefit of the intern
  • The intern does not displace regular employees but works under close supervision of existing staff
  • The employer providing the training derives no immediate advantage from the activities of the intern and on occasion its operations may actually be impeded
  • There is no guarantee of a job at the conclusion of the internship
  • Both parties understand that the intern is not entitled to wages for the internship

It would seem that the third and fourth criteria wouldn’t be met.

The Mallards are almost certainly looking for a college student — not a well-credentialed media veteran — looking to add to his or her resume. They are also very clearly looking to take advantage of that student given the plethora of job responsibilities with no pay. Current college students are part of the millennial generation which has increasingly been taken advantage of through unpaid internships. Steven Greenhouse wrote for the New York Times in 2012:

No one keeps statistics on the number of college graduates taking unpaid internships, but there is widespread agreement that the number has significantly increased, not least because the jobless rate for college graduates age 24 and under has risen to 9.4 percent, the highest level since the government began keeping records in 1985. (Employment experts estimate that undergraduates work in more than one million internships a year, with Intern Bridge, a research firm, finding almost half unpaid.)

In a capitalist society, businesses are always going to search for the cheapest source of labor. Considering how bad the economy is and has been for millennials, they’ve had a pretty good time finding it. It’s hard to fault college students jumping at the opportunity to work in an industry they like in the hopes of one day landing a dream job. But as much as those businesses might loathe admitting it, that labor is worth something whether it’s for an amateur baseball team or a major league team.