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

Miguel Cabrera blasts two home runs against Braves

DETROIT, MI - SEPTEMBER 28: Miguel Cabrera #24 of the Detroit Tigers hits a three-run home run during the fifth inning of the game against the Cleveland Indians scoring teammates Cameron Maybin #4 and Ian Kinsler #3 (not in photo) on September 28, 2016 at Comerica Park in Detroit, Michigan. (Photo by Leon Halip/Getty Images)
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Even while injured, Miguel Cabrera is a force to be reckoned with. The 33-year-old slugger has been playing with a contusion on his knee since Wednesday, according to postgame comments made by Tigers’ manager Brad Ausmus.

That didn’t stop him from whacking a 410-foot home run against Atlanta right-hander Matt Wisler on Friday night, skirting the center field fence to put the Tigers up 3-0 in the first inning. In the third, he lead off the inning with another long drive off of Wisler, targeting his changeup for a 421-foot shot, his 38th home run of the season:

It’s Cabrera’s sixth two-run homer game since the start of the season, and his first against the Braves since 2005. He needs just two more home runs to keep an even 40 on the year, which would return him to the kind of league-leading levels that accentuated his MVP case in 2012 and 2013. If he can do it by the end of this Tigers-Braves game (unlikely, but not unheard of), he’ll be the 15th major leaguer to hit four home runs in a single game.

Reds’ manager Bryan Price extended through 2017

PHOENIX, AZ - AUGUST 28: Manager Bryan Price #38 of the Cincinnati Reds looks on during the fifth inning against the Arizona Diamondbacks at Chase Field on August 28, 2016 in Phoenix, Arizona.  (Photo by Norm Hall/Getty Images)
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The Reds will roll with manager Bryan Price for at least one more season. Per MLB.com’s Mark Sheldon, Price has been extended through the 2017 season with a club option for 2018. He won’t be the only familiar face leading the team, as the Reds have reportedly asked the entire coaching staff to return as well.

This is Price’s second consecutive season with 90+ losses since Cincinnati signed him to a three-year contract back in 2014. While he hasn’t been able to replicate the same kind of success that former skipper Dusty Baker found in 2012 and 2013, he’s been saddled with a team that’s still in the throes of rebuilding, not one that looks on the cusp of playoff contention. It is, after all, the same team that has not seen a healthy season from Homer Bailey since Price’s arrival, one that unloaded Jay Bruce for a pair of prospects earlier this year and one whose pitching staff set a single-season record for most home runs given up by a major league team.

Justifying Price’s extension requires a different kind of yardstick, one that measures player development and individual success over the cumulative win-loss record. Here, Price has overseen solid performances from contributors like Adam Duvall, who is batting .244/.297/.506 with 2.9 fWAR in his first full major-league season, as well as young arms like Anthony DeSclafani, Brandon Finnegan, and Michael Lorenzen, among others.

From comments made by Reds’ CFO Bob Castellini, Price’s success within a rough rebuilding process appears to have cemented his place within the club, at least for the time being.

I like the young, aggressive team Walt and Dick have put together with players from within our system and from recent trades. […] Bryan has been here seven seasons now. He’s comfortable with the direction we are heading with our young players, and we are comfortable with him leading us in that direction.