The Marlins are suing a season ticket holder

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A couple of years back the Marlins threatened to sue a season ticket holder who didn’t want to pay because the view they had wasn’t what they expected and the Marlins wouldn’t accommodate their request to move. That apparently got worked out without litigation. A new dispute, however, is now a matter for the courts.

The Marlins filed a lawsuit a little over a year ago against a season ticket holder named Mickey Axelband. The suit is just heating up now because the Marlins didn’t move to serve the defendant with the suit until recently. The suit is a straightforward breach of contract case in which the Marlins say that Axelband paid for two season tickets on a two-year contract, covering 2012-13, and that Axelband didn’t pay for the second year. The Marlins claim that he owes the team $24K+ plus other damages. Seems straightforward, no? You don’t pay, you get sued, right?

Well, there are two sides to every story. I spoke with Axelband’s lawyer, Daniel Rose of Delray Beach, Florida, this afternoon. He says Axelband has been a Marlins fan since the advent of the team and was as season ticket from the team’s first season in 1993 until the dispute arose. He says that the reason Axelband withheld payment was because “most of the exclusive amenities were taken away,” from the ticket holder. Specifically, he said that the Marlins ceased operation of the complementary food service for this exclusive seating area in the 6th inning and that exclusive parking areas and an entrance area for people at this expensive season ticket level were made open to the general public. While that sounds like a first world problem to a lot of us, clubs like the Marlins market these super high-priced tickets to people like Axelband on the basis of such exclusivity and people like Axelband come to expect it. Not unreasonably.

The suit is in its early stages now and discovery is just getting going. Only then will the merits of the competing claims be determined. For now we just have a claim and a defense and the facts will fall where they may. For what it’s worth, Rose believes he can get financial discovery from the Marlins, opening at least part of their books. I’m a bit rusty by now, but for what it’s worth I’m not sure I see how it gets that far. At the very least, however, Jeff Loria will probably have to spend some time and money fending off discovery requests that go beyond the ticket office.

I think the larger takeaway here is that this appears to have been a dispute between a customer and a business that festered for at least three years and one presumes that there were complaints made to the team and a lot of back and forth before everyone lawyered up. One wonders how a baseball team couldn’t resolve this short of litigation if, as Axelband and his attorney claim, it was a dispute over amenities and the like. There are probably a million ways for a club to make this right with a fan that don’t require legal fees. I can’t ever recall a team suing a season ticket holder (update: Oh, yeah, that’s the ticket!) I suppose it happens, but if there’s one thing most teams do better than anything it’s accommodate season ticket holders with the sort of customer service niceties which are in the dang wheelhouse of professional sports teams catering to rich folks. Lunch with Giancarlo Stanton anyone?

As a matter of law it’s for the courts to decide. But I can’t help but wonder how this wasn’t decided as a matter of customer service a long time ago.

Phillies’ Bryce Harper to miss start of season after elbow surgery

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PHILADELPHIA – Phillies slugger Bryce Harper will miss the start of the 2023 season after he had reconstructive right elbow surgery.

The operation was performed by Dr. Neal ElAttrache in Los Angeles.

Harper is expected to return to Philadelphia’s lineup as the designated hitter by the All-Star break. He could be back in right field by the end of the season, according to the team.

The 30-year-old Harper suffered a small ulnar collateral ligament tear in his elbow in April. He last played right field at Miami on April 16. He had a platelet-rich plasma injection in May and shifted to designated hitter.

Harper met Nov. 14 with ElAttrache, who determined the tear did not heal on its own, necessitating surgery.

Even with the elbow injury, Harper led the Phillies to their first World Series since 2009, where they lost in six games to Houston. He hit .349 with six homers and 13 RBIs in 17 postseason games.

In late June, Harper suffered a broken thumb when he was hit by a pitch and was sidelined for two months. The two-time NL MVP still hit .286 with 18 homers and 65 RBIs for the season.

Harper left Washington and signed a 13-year, $330 million contract with the Phillies in 2019. A seven-time All-Star, Harper has 285 career home runs.

With Harper out, the Phillies could use Nick Castellanos and Kyle Schwarber at designated hitter. J.T. Realmuto also could serve as the DH when he needs a break from his catching duties.