Nomar: "My tank is empty"

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Nomar retires.JPGNomar is speaking right now.  He’s pretty emotional, but upbeat.  He said that he knew he was ready to retire when he was working out this offseason and realized that he had nothing left.  He recalled something one of his old teammates said when he retired: “I know my tank is empty.”

I took this to be a positive statement, not a negative one. It’s not that he still wants to play and doesn’t have the fuel at the ready to do it. He means that he’s given everything he had to give and won’t have any regrets later.  For what it’s worth, Nomar confirmed that he’s taking a job with ESPN, saying “even though I’m walking away from the game, I’m glad I don’t have to walk away completely.”

As for the sign-and-retire thing, Nomar said it was his idea — inspired in no small part by the warm ovation he received when he came back to Boston as a visiting player with the A’s last summer — and that he approached Theo Epstein about it first.  The Sox’ position: “When the history of the Boston Red Sox is written — again — there will be a very large and important chapter about Nomar Garciaparra.”

Angel Hernandez — and all of labor — takes a loss in his lawsuit against MLB

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A couple of years ago umpire Angel Hernandez sued Major League Baseball alleging racial discrimination. The suit has chugged along quietly since then and we’ve not paid it much notice, but Sheryl Ring of Fangraphs has and she has a fascinating update from it that will be of interest to both law and labor geeks.

The short version: Major League Baseball wants to obtain records of communications between Hernandez and the umpire’s union, most likely to see if Hernandez ever brought up discrimination claims to his union before filing the suit. The league also wants the union’s own internal evaluations of the job Hernandez does on the field. MLB hopes to be able to undercut Hernandez’s arguments that he was discriminated against via these records.

That all makes sense, but it led to a side battle involving where the lawsuit should take place and whether MLB can get those records based on the law of said forum of the lawsuit. Hernandez sued in Ohio, which recognizes a privilege protecting worker-union communications. MLB got the suit moved to New York, however, and such a privilege is not recognized there. Earlier this week MLB got the New York court to agree that the union records should be handed over.

This is a big deal for Hernandez’s suit, obviously, but it has some pretty big implications for later lawsuits involving unionized employees in general. Oh, and as Ring explains, a screwup by Hernandez’s lawyers may have contributed to this outcome. Which, well, bad calls happen sometimes, right?

Go read Ring’s entire update here for a full, clear explanation that clear and easily understood even by the non-lawyers among us.