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

Brett Cecil doesn’t appreciate being booed by Blue Jays fans

Toronto Blue Jays manager John Gibbons pulls relief pitcher Brett Cecil during seventh inning baseball action against the Chicago White Sox in Toronto on Monday, April 25, 2016. (Frank Gunn/The Canadian Press via AP) MANDATORY CREDIT
Frank Gunn/The Canadian Press via AP
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Blue Jays reliever Brett Cecil has had a rough start to the 2016 season. The lefty leads the majors in losses with five. With that, he carries an ugly 5.59 ERA in 9 2/3 innings. Cecil entered the season with a rather lengthy consecutive scoreless innings streak, but Jays fans seem to have short memories as the home crowd has directed boos at Cecil.

TSN’s Scott MacArthur caught up with Cecil about the booing.

Struggling early isn’t anything new to Cecil. He rode a 5.96 ERA through June 21 last year, the final time in 2015 he would yield earned runs. From his next appearance on June 24 through the end of the regular season, he posted a 44/4 K/BB ratio over 31 2/3 innings. It would behoove Jays fans to show some more patience with the lefty as Cecil could easily turn things around as he did last season.

Video: A fan tried to take a selfie with Brandon Drury after a catch in foul territory

Arizona Diamondbacks' Brandon Drury swings for a two run double off San Francisco Giants' Curtis Partch in the third inning of a spring training exhibition baseball game Tuesday, March 17, 2015, in Scottsdale, Ariz. (AP Photo/Ben Margot)
AP Photo/Ben Margot
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Diamondbacks right fielder Brandon Drury made a fantastic catch in foul territory to retire Martin Prado in the bottom of the fifth inning of Wednesday’s game in Miami. The ball was hit to shallow right field and Drury reached over the low wall before toppling over.

A fan standing nearby figured it’s the perfect time for a selfie. He stood in front of Drury while the ballplayer picked himself up off the concrete. The fan swung his phone around waggled a peace sign in front of the camera and snapped a photo.

“Selfie culture” is too often assailed by people who long ago fell out of touch. This fan, however, showed no concern for Drury’s well-being and was focused only on getting the selfie. Drury, for all this fan knew, could’ve broken a bone or suffered a concussion. Not cool.

Watch Giancarlo Stanton dodge imaginary lasers dressed as Chewbacca

Miami Marlins' Giancarlo Stanton bats and reached first on a throwing error by Arizona Diamondbacks third baseman Brandon Drury during the fifth inning of a baseball game, Tuesday, May 3, 2016, in Miami. (AP Photo/Lynne Sladky)
AP Photo/Lynne Sladky
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Marlins slugger Giancarlo Stanton really likes May 4. May the fourth is “Star Wars Day” for the obvious, punny reason.

While he was doing his normal workouts, Stanton donned a Chewbacca mask, then dodged imaginary lasers and fired back at his imaginary enemies. Who knew Chewy was so buff?

May the 4th be with you from ChewyG 👹

A video posted by Giancarlo Stanton (@giancarlo818) on May 4, 2016 at 12:51pm PDT

Video: Andrew McCutchen thinks the scorer should be fired for scoring this play an error

Pittsburgh Pirates center fielder Andrew McCutchen (22) watches from the dugout during the seventh inning of a baseball game against the Detroit Tigers on Wednesday, April 13, 2016, in Pittsburgh. Detroit won 7-3.(AP Photo/Don Wright)
AP Photo/Don Wright
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Pirates center fielder Andrew McCutchen had trouble coming up with an Anthony Rizzo line drive in the top of the third inning. The ball seemed to curve at the last minute, clanking off of McCutchen’s glove, setting up first and third with two outs for the Cubs. McCutchen was sacked with an error. Ben Zobrist then cranked out a three-run home run off of starter Juan Nicasio to put the Cubs up 3-0.

Per Rob Biertempfel of the Pittsburgh Tribune-Review, McCutchen said after the game, “Whoever scored that an error should be fired. That’s unbelievable. I did everything I could to catch it.”

Here’s the video. Rule 9.12(a) in baseball’s official rules states:

(a) The official scorer shall charge an error against any fielder:
(1) whose misplay (fumble, muff or wild throw) prolongs the time at bat of a batter, prolongs the presence on the bases of a runner or permits a runner to advance one or more bases

Pretty cut and dried stuff here. It was an error.