Read the documents filed in the Orioles-Nationals-MASN lawsuit

11 Comments

I have obtained copies of the documents supporting the temporary restraining order issued today preventing Major League Baseball and the Nationals from enforcing the arbitration which ruled in the Nationals’ favor in connection with its dispute with the Orioles over cable rights fees. They are embedded below. Click on the document name for a larger size.

The upshot of the arguments, for those who do not wish to read: MASN is asking that the arbitration be set aside for conflict of interest for the most part. 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 . . .”

Some of this is silly. Major League Baseball and its clubs, for certain purposes, are always represented by the same counsel and everyone knows this. As such, claims that these alleged conflicts “were not disclosed” don’t seen particularly important here. The one about the panel not being impartial because they are owners of other clubs and thus have a stake — and maybe a conflict — regarding the rights fees may be more legitimate.

It’s worth noting, however, as we noted in the A-Rod/Biogenesis case, that having arbitration awards set aside is extremely difficult.

Order

Petition

Mem

Yankees GM Brian Cashman not considering demoting struggling Greg Bird

Brian Blanco/Getty Images
2 Comments

Yankees first baseman Greg Bird gave his team tons of confidence to hand him the everyday job at first base to start the 2017 regular season, batting .451/.556/1.098 with eight home runs in 51 spring at-bats. But he’s followed that up by hitting .107/.254/.214 through the first month of the regular season.

GM Brian Cashman doesn’t have any intent to demote Bird back to Triple-A Scranton/Wilkes-Barre, MLB.com’s Bryan Hoch reports. Cashman said, “It’s not even an option for me in my mind right now, at all.”

Bird didn’t start Sunday’s game against the Orioles, a 7-4 loss in 11 innings. Lefty Wade Miley started for the Orioles, prompting manager Joe Girardi to put Chris Carter into the lineup at first base. If Bird isn’t able to figure things out, Carter might have an increased role on the team.

Chris Archer threw behind Jose Bautista

Tom Szczerbowski/Getty Images
8 Comments

Rays starter Chris Archer threw his first pitch to Blue Jays outfielder Jose Bautista behind the slugger’s back with one out in the first inning of Sunday afternoon’s game in Toronto. Bautista and Archer then had a staredown. Home plate umpire Jim Wolf issued warnings to both teams. Bautista ultimately flied out to right field and he appeared to have a quick word with Archer on his way back to the dugout.

Archer could have been exacting revenge — euphemistically known as “protecting his teammate” — because Jays reliever Joe Biagini hit Rays outfielder Steven Souza in the seventh inning of Saturday’s game. Souza was forced to leave the game and underwent an X-ray, which came back negative. He was held out of Sunday’s lineup. Biagini’s pitch did not appear to be intentional.

The Jays won Sunday’s contest 3-1 with no further incident. The two clubs meet again in Tampa for a three-game series starting on May 5, so we’ll see if Sunday was the last of the bad blood between them.