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Joe West sues Paul Lo Duca for defamation


Everyone’s favorite umpire, Joe West, is suing former big league catcher Paul Lo Duca for defamation. The beef comes in the wake of Lo Duca appearing on a podcast in May in which he claimed that his Mets teammate, Billy Wagner, used to bribe West with the use of vintage car in order to get a larger strike zone.

A description of the comments in question, via USA Today:

Lo Duca told a story about a game during his time with the Mets in 2006 or 2007, when after an easy ninth inning, closer Billy Wagner told Lo Duca that he would lend West his 1957 Chevrolet to get a more favorable strike zone.

Lo Duca recalled Wagner saying: “Joe loves antique cars so every time he comes into town I lend him my ’57 Chevy so he can drive it around so then he opens up the strike zone for me.”

West’s complaint, quite convincingly, notes that no such game in 2006 or 2007 ever occurred, that West only home plate umped one Mets game while Wagner was with the team and that Wagner didn’t even pitch in that game.

Legal thoughts:

  • The audience of the podcast — I’m told it’s a gambling podcast not a baseball podcast — and the full context of the conversation from the podcast might make a difference here. West could theoretically be considered a public figure in the limited world of baseball or sports but may not be considered a public figure at large. That matters, because if he is a public figure, legally speaking, for purposes of this lawsuit, he’d have to show that Lo Duca acted with malice/utter disregard for truth or falsity of the story. If he’s not, there is no need to show malice and a casual reporting of a knowingly false story that harms West’s reputation is enough;
  • I feel like, if Lo Duca is totally lying here, maybe Billy Wagner has a cause of action as well for making it sound like he bribed umps for favorable treatment. Of course, Wagner could have also told Lo Duca this himself, jokingly or otherwise. Either way, based on the kind of pitcher he was, I feel like Wagner probably lives in some intense, fortified compound these days and cares not for the trivial day-to-day doings of mere men; and
  • The first joke that popped into my head was “how can you harm Joe West’s reputation any more than he has already done himself?” which makes it kind of hard to show legal damages. That’s just being flip, though. Any court would likely seriously entertain the argument that a former player insinuating that an umpire is crooked can cause reputational damage.

Upshot: West seems to have a decent case here, at least at first blush!

Non-legal thoughts:

Anyway, have fun boys. Let us know how it all turns out.

Buster Posey has opted out of the season

Buster Posey has opted out
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Buster Posey has opted out of the 2020 MLB season. The San Francisco Giants have issued a statement saying that they “fully support Buster’s decision. Buster is an integral part of our team and will be sorely missed, but we look forward to having him back in 2021.”

Posey and his wife are adopting identical twin girls who were born prematurely and who are currently in the NICU and will be for some time. They are stable, but obviously theirs is not a situation that would be amenable to the demands of a baseball season as it’s currently structured.

Poset had missed all of the Giants’ workouts so far, Recently he said, “I think there’s still some reservation on my end as well. I think I want to see kind of how things progress here over the next couple of weeks. I think it would be a little bit maybe naive or silly not to gauge what’s going on around you, not only around you here but paying attention to what’s happening in the country and different parts of the country.” He said that he talked about playing with his wife quite a great deal but, really, this seems like a no-brainer decision on his part.

In opting out Posey is foregoing the 60-game proration of his $21.4 million salary. He is under contract for one more year at $21.4 million as well. The Giants can pick up his 2022 club option for $22 million or buy him out for $3 million.

A veteran of 11 seasons, Posey has earned about $124 million to date. Which seems to be the common denominator with players who have opted out thus far. With the exception of Joe Ross and Héctor Noesí, the players to have opted out thus far have earned well above $10 million during their careers. Players that aren’t considered “high risk” and elect not to play do not get paid and do not receive service time.