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Joe West sues Paul Lo Duca for defamation

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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.

Ex-Angels employee charged in overdose death of Tyler Skaggs

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FORT WORTH, Texas — A former Angels employee has been charged with conspiracy to distribute fentanyl in connection with last year’s overdose death of Angels pitcher Tyler Skaggs, prosecutors in Texas announced Friday.

Eric Prescott Kay was arrested in Fort Worth, Texas, and made his first appearance Friday in federal court, according to Erin Nealy Cox, the U.S. Attorney for the Northern District of Texas. Kay was communications director for the Angels.

Skaggs was found dead in his hotel room in the Dallas area July 1, 2019, before the start of what was supposed to be a four-game series against the Texas Rangers. The first game was postponed before the teams played the final three games.

Skaggs died after choking on his vomit with a toxic mix of alcohol and the powerful painkillers fentanyl and oxycodone in his system, a coroner’s report said. Prosecutors accused Kay of providing the fentanyl to Skaggs and others, who were not named.

“Tyler Skaggs’s overdose – coming, as it did, in the midst of an ascendant baseball career – should be a wake-up call: No one is immune from this deadly drug, whether sold as a powder or hidden inside an innocuous-looking tablet,” Nealy Cox said.

If convicted, Kay faces up to 20 years in prison. Federal court records do not list an attorney representing him, and an attorney who previously spoke on his behalf did not immediately return a message seeking comment.