Pittsburgh Pirates v Chicago Cubs

And That Happened: Monday’s scores and highlights

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Pirates 2, Cubs 1: And with that the Pirates are going to the playoffs. It’s so strange, though, how even though it’s the franchise that has lost for the past 20 years — even though it’s just the laundry which has been shut out so long — that we sort of passively put all that weight on the current members of the Pirates too. Weight that Andrew McCutchen talked about after the game:

“Even though I didn’t lose for the last 20 years, they make you feel like you are. You feel like you lost those 20 years”

That’s pretty remarkable when you think about it. McCutchen was six years old when Sid Bream slid into home plate in the 1992 NLCS, yet pressure has been put on him simply because he got drafted by the Pirates instead of, say, the Giants. The Reds clinched yesterday too and are back to the playoffs. No one asks, say, Shin-Soo Choo about any weight being removed even though he’s just as much of a playoffs newbie as McCutchen is. Oh well.

Reds 3, Mets 2: Like I said, the Reds clinched too, this on a Shin-Soo Choo single in the 10th, but it was a very different scene afterward. No champagne or anything, as they want the division title and seeing the Cardinals beat the Nats a bit after their game ended made that a half game harder to do.

Cardinals 4, Nationals 3: The Nats get eliminated. Proof that you can’t just sleepwalk for four and a half months and then step on the gas for a while and expect it all to be OK. Proof that preseason expectations and predictions mean nothing. Proof that when someone — like a lot of us around here — adds “on paper” to comments about how good a team looks in March it’s probably close to meaningless. Meanwhile the Cardinals are tied with the Braves for the best record in the National League. Whichever of those teams prevails in this regard gets to avoid the Dodgers in the NLDS, so yeah, there are still things to be decided in the NL.

Rays 5, Orioles 4: What an awful day for the Orioles. They lost on a James Loney walkoff homer, get swept in four games and lose Manny Machado and Alexi Casilla to serious injuries. The Rays are a game up on Cleveland for the top wild card spot. The O’s are all but eliminated.

Twins 4, Tigers 3: The Tigers could’ve clinched the central but the wheels fell off late. Lots here which suggests what kind of trouble the Tigers could have in the playoffs, though. Justin Verlander had a dominant stretch of strikeouts — he finished with 12 in six innings — but inefficiency prevented him from going deep into the game. This exposed the Tigers bullpen for too many innings and led Jim Leyland to go to closer Joaquin Benoit for a five-out save which just wasn’t happening. Today is another day to clinch, but I feel like there are reasons to be concerned.

Brewers 5, Braves 0: Atlanta played much like a team that had spent the previous night shooting champagne into each others’ faces. Marco Estrada tossed seven shutout innings and Carlos Gomez and Jonathan Lucroy homered.

Athletics 10, Angels 5: Not all teams which celebrated Sunday looked flat on Monday. Five wins in a row for Oakland, which benefited from Jed Lowrie and Brandon Moss homers and RBI from seven different A’s.

Rangers 12, Astros 0: Alex Rios hit for the cycle and drove in four runs. Texas is a game behind Cleveland for the final wild card spot. All of their remaining games are at home.

Royals 6, Mariners 5: Alex Gordon keeps the Royals’ hopes alive. He gunned down a runner at the plate in extra innings and then scored on Salvador Perez’s two-out double in the 12th to put KC ahead for good. The Royals are still a longshot, though. Three back with six to play and, unlike the Rangers, all of their remaining games are on the road.

Marlins 4, Phillies 0: This could’ve been Roy Halladay’s final start for the Phillies. And, though he has said he will pitch again next year, the way he looks it could be his final start in major league baseball. He faced only three batters, walking two, and couldn’t break 83 on the gun. This is pretty sad to watch.

White Sox 3, Blue Jays 2: Tiger got to hunt, Bird got to fly; Man got to sit and wonder, “Why, why, why?” Sox got to pitch, Jays have to bat, Man got to Jays fans have to ask where their Leafs’ schedule’s at. Why no, I didn’t read Charles J. Shields’ quite excellent biography of Kurt Vonnegut over the weekend. Why do you ask?

Padres 4, Diamondbacks 1: My Friday and Monday absences were occasioned by a trip to San Diego for a wedding. While there I got to take in Sunday’s game at Petco. And hang out and walk on the beach and eat In-N-Out Burger and good tacos and drink good beer at Karl Strauss and see my brother and enjoy all of the good things Southern California has to offer while avoiding just about all of the bad things it has to offer, mostly because I didn’t go up near Los Angeles. Starting about 8AM yesterday, as I was enjoying a wonderful breakfast, I began my usual “wait, why don’t I live here again?” musings. I’ve been back in Ohio for about eight hours now and I’m still musing. Sigh. Oh, Padres beat the Dbacks. Apologies for the non-recap of that one. I was busy consulting real estate listings.

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.