Frank McCourt’s former law firm sues him

3 Comments

Frank McCourt got sued yesterday by his former law firm, Bingham McCutchen. This is a suit for declaratory judgment, which for all practical purposes means that they sued McCourt because it was obvious that he was going to sue them, and they wanted to get the drop on him. Bingham (a) is asking for a declaration that it did no wrong when it represented McCourt and his wife when drafting up the marital property agreement that is the subject of the divorce case; and (b) is asking to get paid, because McCourt has apparently not done so.

Nor would I have, frankly, because Bingham screwed the pooch here.  You’ll recall that the reason Jamie McCourt was declared to be a co-owner of the Dodgers in the lawsuit was because the judge invalidated the marital property agreement that was designed to cut her out. He did so because the Bingham lawyer who as in charge of it messed up and then replaced the document Frank McCourt thought he was getting — the one with him listed as sole owner of the Dodgers — for the mistaken one that showed Jamie as co-owner.  Mistakes happen, but when you’re a lawyer you don’t fix ’em by pulling the old switcheroo.  By doing so, the Bingham’s lawyer allowed Jamie to argue — against what seemed like common sense and the parties’ intentions — that, sure, she was always supposed to own the team.  And now, legally speaking, she does.

It’s always better to be the plaintiff than a defendant, of course, especially because you get to pick the court and get the first crack at framing the issues. Bingham has done that, picking Massachusetts as the forum and casting this as a case in which McCourt’s damages are all of his own doing.  I’m the last person who will deny that McCourt has shot himself in the foot several times, but boy howdy, is it a tough sell to say that his acts, as opposed to the incompetence of the Bingham lawyer in charge of the marital property agreement, are what led to the current fragmented state of the Dodgers ownership.  And it has likely cost McCourt a couple hundred million dollars.

Marlins, Giants get into heated beanball war

Ezra Shaw/Getty Images
Leave a comment

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.