Steinbrenner sued over the YES Network; Plaintiff has no chance

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Bob Gutkowski, who used to be the president of the MSG Network is suing George Steibrenner, claiming that Big Stein stole his idea for the YES Network and reneged on promises that Gutkowski would be given a job and all of the kind of stuff that goes along with those kinds of claims.  YES is now supposed to be worth $3 billion, so it’s a pretty significant claim.

So too was a lawsuit I once defended when I was in private practice.  The claim — and I am not making this up — was filed by an inmate in a prison in southern Ohio who claimed that he invented the idea of the Happy Meal and the Value Meal when he worked at McDonalds when he was a teenager.  The complaint, which was written in pencil, sought $100 billion.  My client, McDonalds, paid my firm to defend the claim, but it’s not like they were too worried about it.  And yes, I won.

I suppose Mr. Gutkowski’s claims have a bit more factual basis than the inmate’s, but I question whether he’ll have any more success.

For one thing, he seems like he’d have a statute of limitations problem. The YES Network debuted in 2002.  I’m guessing Mr. Gutkowski knew well before then that he wasn’t getting a piece of it or a job with it.  But even if he didn’t, the statute of limitations for contract and fraud claims in New York is six years. Most other torts are three years.  All of those dates have run, even if we started the running from the network’s March 19, 2002 debut.  I’m assuming he has some novel theory as to why he didn’t have to file his lawsuit before now, but those kinds of theories tend not to work too well when they’re asserted by wealthy, grown-up businessmen who should know better.

There’s also a tactical problem.  I haven’t seen the complaint, but the allegations seem to hinge on conversations Gutkowski had with George Steinbrenner.  The same George Steinbrenner who is basically a recluse these days, most likely because he is suffering from dementia of some sort.  Maybe Gutkowski was banking on winning because Steinbrenner couldn’t really defend himself. Maybe he’s thinking the Yankees might buy him off so they don’t have to file papers in a lawsuit explaining Steinbrenner’s incompetence to testify.

The problem, though, is that (a) courts tend to protect the incompetent, not punish them; and (b) the Yankees are a business, not some 18th century monarchy, so they’re not going to pay off this guy simply to avoid revealing to the masses that the king isn’t well.  If this turns into a P.R. war over George’s health, the Yankees are going to win it.

So I guess I’ll give this guy an E for effort and a T for nice try, but this lawsuit smells like a loser.

Marlins, Giants get into heated beanball war

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You may have heard that Giants closer Hunter Strickland broke his hand punching a door in frustration after Monday night’s subpar performance. He’ll miss six to eight weeks as a result. Strickland came in to protect a 4-2 lead but ended up giving up three runs. The tying run was knocked in by Lewis Brinson on a single to right field. Brinson moved to third base on a go-ahead single by Miguel Rojas, which prompted manager Bruce Bochy to take Strickland out of the game.

On his way to the dugout, Strickland started chirping at Brinson. Much like Bryce Harper and Strickland, Brinson and Strickland have a bit of a history. Last Thursday, Brinson handed Strickland a blown save with a sacrifice fly to deep center field. Brinson was happy to help his team tie the game, pumping his fast and saying, “Let’s go” at no one in particular. That rubbed Strickland the wrong way. Everything seems to rub Strickland the wrong way.

During Tuesday night’s game, Giants starter Dereck Rodriguez threw at Brinson with the first pitch, a 92 MPH fastball. Home plate umpire Andy Fletcher issued warnings to both benches. Manager Don Mattingly came out to argue, suggesting that his team hadn’t done anything wrong so it was unfair to essentially take the inside part of the plate away from his pitchers. On his way back to the dugout, Mattingly could be seen saying, “You’re next” to catcher Buster Posey.

The Giants scored twice in the bottom of the second against Dan Straily to extend their lead to 3-0. Posey came to the plate with a runner on first base and one out. Straily hit Posey with a 91 MPH fastball on the first pitch, prompting ejections of both Straily and Mattingly. Posey was hit on the arm. If the pitch had come in a bit lower and hit Posey on the wrist or hand, Posey might have had to go on the disabled list for a couple months. Or if the pitch had hit Posey a couple of inches higher, in the head, then who knows what would have happened.

Things calmed down from there, thankfully. The two clubs have one more game against each other in San Francisco on Wednesday and that will be the final time they meet this season. If anything further is going to happen — and hopefully, nothing happens — then it will come tomorrow.

Straily will almost certainly be facing a suspension and a fine, as will Mattingly. It’s less clear if Rodriguez and/or Bochy will be reprimanded for throwing at Brinson, even though it was fairly obvious the pitch was intentional. Regardless, the punishments amount to just one missed start for the pitchers, which isn’t nearly enough of a detriment to deter beanball wars.