The McCourt trial: my gut is that Jamie is going to win, even if she shouldn't

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The McCourt trial ended yesterday, with closing statements offered by the attorneys. Lots of different attorneys, according to the L.A. Times summary. Each side had, like, three people making arguments. What was this, a tag team match?  I understand multiple lawyers taking stabs at different parts of closing if it’s a complicated case, but this is a bench trial in which, basically, a single fact was at issue.  And people wonder how the McCourts could have run up $8 million in attorneys fees.

Anyway, here’s an insight that may appeal to, like, six of you who care about such things, but I just can’t shake it: Frank McCourt’s lawyers keep arguing that the business with his lawyer switching out versions of the agreement that was to decide who owns the Dodgers was no big deal.  A clerical error. A “scrivener’s error.”  Of no consequence at all. But tell me: if Jamie wins, and Frank has to give her hundreds of millions of dollars, how much time will elapse between the judgment coming down and the malpractice suit Frank files against his “scrivener”?  I’m guessing he may let a day go by, but not two, and when he does he will characterize it as the most egregious case of professional misconduct in the history of Anglo-American jurisprudence. That’ll be fun.

As for the outcome, I don’t really know what to think.  Based on everything I’ve read, I am of the opinion that Jamie McCourt’s story that she always thought she was going to own half the team is self-serving post-facto baloney. I don’t buy that she didn’t read the documents and understand what she was signing. I don’t buy that Frank was truly going to give her every one of their houses AND the Dodgers.  It just doesn’t make sense to me based on the things we’ve heard about their respective appetites for risk, their history and all of that. I simply don’t find her side of the story credible.

At the same time, I do find the scrivener’s story credible. I bet there was an error in the documents and that — as the man who made the error — the lawyer did just go back and try to substitute the correct document in there and hope no one ever figured it out.  I used to do a lot of professional responsibility defense work, and I’ve seen lots of lawyers do this. It’s always, always, always the wrong thing to do, but I’ve seen them do it.

But just because I find it credible doesn’t mean it’s defensible. There’s too much at stake in the legal system — not just for rich people like the McCourts but for everyone — for courts to overlook lawyer misconduct and make assumptions about what was really going on. Yes, in this case taking a hard line may reward Jamie’s post-facto baloney and may, in the end, cost Frank the Dodgers. But it’s going to be hard for a judge to essentially validate the document switcheroo.

We’ll find out for sure in 90 days, when a decision comes out.

Yankees, Astros lineups for ALCS Game 6

Brad Peacock
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Things haven’t gone quite according to plan for the Astros, who missed the opportunity to clinch the American League Championship Series after losing 4-1 to the Yankees in Game 5 on Friday. Still just one win away from a World Series invitation, they’ll try their luck again on Saturday night.

Neither lineup has been significantly altered for Game 6. The Yankees will try to push the series to a final Game 7 with right-hander Chad Green, backed by this configuration:

1. DJ LeMahieu (R) 1B
2. Aaron Judge (R) RF
3. Gleyber Torres (R) 2B
4. Aaron Hicks (S) CF
5. Edwin Encarnación (R) DH
6. Didi Gregorius (L) SS
7. Gary Sánchez (R) C
8. Gio Urshela (R) 3B
9. Brett Gardner (L) LF

The Astros, meanwhile, will send Brad Peacock to the mound in what figures to be a bullpen game for both sides, marking the righty’s first official postseason start since the 2017 ALDS. Martín Maldonado is back in the lineup, as is Josh Reddick, while both Robinson Chirinos and Jack Marisnick will be available off the bench.

1. George Springer (R) CF
2. José Altuve (R) 2B
3. Michael Brantley (L) LF
4. Alex Bregman (R) 3B
5. Yuli Gurriel (R) 1B
6. Carlos Correa (R) SS
7. Yordan Álvarez (L) DH
8. Martín Maldonado (R) C
9. Josh Reddick (L) RF

Starting tonight, the ALCS returns to Houston for Game 6 and a potential Game 7. Game time is set for 8:08 PM EDT.