The settlement proposed by the mediator in the McCourt case was interesting

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Like I said last week, it’s a bit of sucker’s game to try to predict an ultimate ruling in a case based on what a court-appointed mediator proposes. But that doesn’t mean it isn’t fun to try to predict such things.  And there is one fact in the proposed settlement, reported by Bill Shaikin, that I find to be pretty interesting:

As the mediator in the Dodgers’ divorce case prepared his settlement proposal, he consulted not only with Frank and Jamie McCourt but with representatives from Bingham McCutchen, the firm that employs the lawyer whose actions could determine who owns the team. The mediation process is confidential, but analysts said the mediator likely invited Bingham to help fund a settlement now rather than risk a potentially more costly malpractice suit later.

The malpractice, you’ll recall, is related to Frank’s lawyer switching out the exhibit to the post-nuptial agreement that had Jamie getting the Dodgers and switching in the one that showed her being cut out.  Which, I still believe, is what the parties intended, by the way. Problem is, if you were going to try and unfairly screw Jamie out of her stake in the Dodgers, that would be an excellent, albeit obvious way to do it, and the court is going to have  a hard time overlooking that behavior. If you want to make such clerical changes, you get both parties on the horn and have them re-execute the deal. You don’t pull the old switcheroo.

If the court ultimately rules for Jamie, Frank will have a righteous malpractice suit against the Bingham firm as a result of all of this. By having them kick in money now, as the proposed settlement does, it softens that blow and heads off an ugly litigation in which many of the same issues that happened in the divorce case would be dredged up.  No one wants that.

So the question is this: does the mediator — who is himself a judge, by the way — know that the judge presiding over the case is going to rule for Jamie and wants to try and wrap it all up now? Does he merely suspect it? Or is this just a belt-and-suspenders kind of thing?

I have no idea. I do know this, though: if someone tells me that they want to make my future malpractice case against my lawyers easier, I’m not going to feel very good about the case I actually have pending at the moment.  Frank, I would assume, is not a happy man at the moment.

Marcus Stroman: Blue Jays are “f– terrible”

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Blue Jays starter Marcus Stroman strugged in Sunday afternoon’s start against the Red Sox, yielding four runs (three earned) over five innings. He fell to 2-7 with a 5.86 ERA. The Jays dropped three of four games to the Sox in the series and now sit with a 43-52 record heading into the All-Star break.

Steve Buffery of the Toronto Sun reports that while Stroman was initially cool, calm, and collected when speaking to the media after the game, he eventually snapped. Stroman was asked by a reporter about breaking into professional baseball with short-season Single-A Vancouver in 2012. Stroman yelled at the reporter, noting that his team had just lost to the Red Sox, and called his team “f– terrible.” Keegan Matheson’s account of the situation lines up with Buffery’s as well.

Prior to the outburst, Stroman had just praised his teammates, saying, “My team picks me up a ton. They pick me up all year. I should be able to pitch better in times like that when my team doesn’t have my back. Because they’ve had my back a ton of times. So, love my guys on my team and like I said, I would go to war with them any day.”

Stroman will have off until Friday, so hopefully the time off helps him clear his mind. It has understandably been a frustrating season in Toronto.