MLB Commissioner Bud Selig speaks during a news conference in New York

Fuse lit: MASN goes to court to keep from having to pay the Nats more money for TV rights

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Last week the Hollywood Reporter got inside the ongoing Washington Nationals-Baltimore Orioles-MASN dispute over the dividing up of rights fees. The big takeaway there was that everyone was preparing to go nuclear, abandon negotiations and run to the courthouse. And that Bud Selig was warning everyone involved NOT to take this to court because, well, baseball just doesn’t want that. He said in a letter to the clubs that he would level “the most severe sanctions” against them if they do.

Well, get ready to level, Bud, because MASN has gone to court in New York and obtained an injunction against a Major League Baseball arbitration which ruled in favor of the Nationals on the fee dispute. Basically: a court order to prevent the Orioles, the Nationals and MASN from having to comply with it. You can read all of the documents filed and the court order below. The upshot of the arguments, for those who do not wish to read: MASN is asking that the arbitration be set aside due to a conflict of interest. The argument includes the following claims:

  • The same lawyers represented the Nationals, Major League Baseball and the clubs of the three owners who comprised the arbitration panel;
  • “The three arbitrators, MLB and the Commissioner of Baseball, all had a direct and significant pecuniary interest in the outcome of the arbitration.”
  • The authority set up to determine the amount of money the Nats were supposed to get from MASN “exceeded its authority by intentionally refusing to use its established methodology to determine the fair market value of the telecast rights fees as mandated . . .”

Worth noting that there are many levels of conflict of interest here. For all intents and purposes, MASN is the Orioles in this case. The Orioles are the majority shareholders in MASN, they have the same lawyers and, in not paying a lot more money to the Nationals, the same general interests. To the court they are a separate party, to be sure. But I wonder if Bud Selig and Major League Baseball feel obligated to view them that way. Because, either way, the same bad purpose (in MLB’s eyes) is being obtained: the undermining of its arbitration and taking an internal dispute out into the open.

Whether the court is willing or able to untangle all of these many layers of conflict is unclear. It is worth rememberng, however, as we learned in the A-Rod/Biogenesis case, that courts are extremely reluctant to overturn arbitration rulings, so this may all ultimately be an exercise in posturing and delay.

But that’s the legal stuff. The practical aspect of all of this is that, at essence, MASN and the Orioles do not want to pay the Nationals what the Nats and what Major League Baseball, per its arbitration, think their broadcast rights are worth. Or, it should be noted, they may not be able to. You see, per the agreement between the parties, (a) the Nationals are to get market rates for their broadcasts; and (b) the Orioles are to get increases in their payout that match the Nats’ increases. In this market, however, that would probably bankrupt MASN. So no amount of negotiation under the terms of the agreement is likely to solve the problem. It may be an utterly untenable agreement.

So, while this is somewhat amusing from the point of view of baseball’s failed efforts to negotiate a settlement in private between the parties, the parties may now be in an impossible situation. Maybe the court steps in, but it’s hard to see the court wading in to this matter beyond the preliminary way in which it already has. One other possibility is that a third party could step in. As in, the Nats buying their way out of the MASN deal entirely and going out on its own with a separate broadcaster. Which, for their part, MASN and the Orioles probably don’t want, as they make money off of Nats broadcasts and don’t want the competition. But as of now, I see no other way out of it.

For now, though, it’s in the court’s hands. Here are the documents it’s working with right now, including the court order and MASN’s petition to set aside the arbitration ruling:

Order

Petition

Mem

Joe Mauer reveals he’s had blurred vision since 2013 concussion

Joe Mauer
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After a decade as the best all-around catcher in baseball Joe Mauer suffered a concussion in August of 2013 that forced him to change positions and marked the end of his time as a great hitter.

Mauer was doing his usual thing at the time of the concussion, hitting .324 with a .404 on-base percentage and .880 OPS. Since returning from the brain injury he’s hit .270 with a .348 on-base percentage and .725 OPS while seeing his numbers decline across the board.

Mauer revealed today to Brian Murphy of the St. Paul Pioneer Press that “lingering symptoms occasionally blurred his vision at the plate the past two seasons” and “he will experiment hitting with sunglasses for the first time to improve his pitch tracking” this season.

Here’s more from Murphy:

Bright sunshine sometimes triggered blurred vision that Mauer links to the concussion with which he was diagnosed in August 2013 after absorbing at least “two significant blows” from foul tips while he was still catching.

“I don’t want that to be kind of an excuse. If I’m out there, I’m out there. That’s just the way I am,” Mauer said. “There are times I’ve gone up to the plate and I just couldn’t pick up the ball. That’s part of the frustration because I’m trying to do everything I can to get back. It just takes time.”

There are more quotes along those same lines and Mauer’s numbers in night games were much better than his numbers in day games last season.

I live in Minnesota and it has been incredibly frustrating to see such a large (or at least vocal) segment of the Twins fan base treat Mauer’s steep decline as if it has nothing to do with the significant brain trauma he suffered. I’m hopeful that Mauer going public about literally struggling to see the baseball while at the plate will convince people to treat him more humanely, but that’s probably wishful thinking at this point.

What a shame, on every level.

Masahiro Tanaka can’t say for sure if he’ll be ready by Opening Day

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Yankees starter Masahiro Tanaka said today that he “can’t say for sure” whether he’ll be ready for Opening Day.

Tanaka underwent arthroscopic surgery in late November to remove a bone spur from his right elbow. Tanaka threw off a bullpen mound Tuesday for the first time since undergoing a cleanup procedure on his right elbow last October and, while healthy, may be behind other pitchers.

Tanaka posted a 3.51 ERA and a 139/27 K/BB ratio across 154 innings last season. He also has a partially torn UCL he’s been pitching through for some time which is always something the Yankees have on their mind when it comes to schedules and workouts for their ace.

Denard Span, not Angel Pagan, will be Giants’ center fielder and leadoff hitter

Denard Span
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Making official what was assumed when the Giants signed Denard Span to a three-year, $31 million contract last month, manager Bruce Bochy announced that Span will start in center field and bat leadoff.

That means 34-year-old Angel Pagan, who’s been the Giants’ starting center fielder and primary leadoff hitter for the past four seasons, will slide to left field and bat further down in the lineup. About a month before the Span signing Bochy said Pagan would remain in the center fielder/leadoff role, but the situation obviously changed.

It’s a move that makes sense, because Span–if healthy following hip surgery–is a superior defensive center fielder with better on-base skills. And if Pagan doesn’t bounce back following a rough 2015 season then having him in left field will make it easier for the Giants to platoon him or bench him in favor of, say, Gregor Blanco or a bigger bat.

Pitchers to receive new visor-like protective headgear

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MLB/MLBPA
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For the past few years MLB, the MLBPA and cap and helmet manufacturers have been working on various models of protective headgear for pitchers. Some of the models have been unworkable, some of them have not met the satisfaction of pitchers and others have, well, looked a little odd. At present the only pitcher who routinely wears any headgear is Alex Torres, who wears the bulky isoBLOX helmet.

Now, however, there is a new option. And, as you can see above it’s a bit different than what we’ve seen before. It’s more or less like a visor, which will have a nylon top on them to give a full cap-like appearance. The ear flaps will be lefty and righty-specific, given that righties are more likely to be hit on the right and lefties on the left given their follow-throughs.

The new caps will be given out to players this spring and, like the old ones, will be used or not used at the choice of the players. You can read more about the new helmet at ESPN’s Outside the Lines report.