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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.

Zack Wheeler headed to IL due to shoulder fatigue

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Mets pitcher Zack Wheeler will be placed on the 10-day injured list due to fatigue in his right shoulder, Newsday’s Tim Healey reports. The roster move is retroactive to July 12. Steven Matz will open up a two-game series in Minnesota, starting in Wheeler’s place on Tuesday.

As Healey notes, the soonest Wheeler can return is July 23, which would give him at most two starts ahead of the July 31 trade deadline. Wheeler has frequently been brought up in trade conversations as he can become a free agent after the season and the 42-51 Mets have been freefalling.

Wheeler, 29, owns a 4.69 ERA with 130 strikeouts and 34 walks across 119 innings of work this season.