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#Post#: 186481--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: CurtOne
Date: July 8, 2014, 11:22 am
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What if he was supposed to be at his job sleeping?
#Post#: 186482--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: Jes Beard
Date: July 8, 2014, 11:37 am
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--- Quote from: brjones link ---
>
> This may be the most frivolous lawsuit ever...a man is suing
MLB, ESPN, and ESPN's announcers for $10 million because they
caught him sleeping at a Yankees/Red Sox game:
>
>
HTML http://www.nydailynews.com/sports/baseball/yankees/man-slept-yankees-game-sues-10-million-article-1.1857671
>
--- End Quote ---
And if the defendants have any balls, they can make life more
than unpleasant for both the plaintiff and the plaintiff's
attorney for the suit, assuming the reports about it are
accurate.
ALL of the following can and should happen.
1) The defendant makes an offer of judgment (in other words a
settlement proposal, in writing and filed with the court),
offering to settle the case on the plaintiff's payment TO THE
DEFENDANT of whatever it will have cost until then to defend the
case, probably about $2K, and with the plaintiff also paying all
court costs. (The reason for this is that if the case is not
resolved more favorably for the plaintiff than that, the
plaintiff, even if he WINS at trial, if the amount of a jury
award is less than the settlement offer.) And if the plaintiff
is not able to pay those costs, the plaintiff's ATTORNEY gets
stuck with them.
2) The defendants then start taking depositions, the cost of
which will ultimately be included in court costs if they ask
them to be added.
3) The defendants use the testimony from the discovery
depositions to support a Motion For Summary Judgment, in which
the plaintiffs essentially say that even if the Plaintiff is
able to prove X, Y and Z, the only things on which there is any
factual dispute in this case, they STILL have to lose as a
matter of law because the law does not allow them to recover
damages.
4) Once it is dismissed, they ask the court to order the
plaintiff to pay not only all of the court costs, but also all
of the defendant's legal fees.
5) The defendants then file an ethical complaint against the
plaintiff's attorney for pursuing an absolutely meritless claim.
6) The defendants then file suit against the former plaintiff,
and possibly his attorney, for what is called malicious
prosecution, which essentially means in this context filing a
claim with absolutely no merit. And because malicious
prosecution is what is considered an intentional tort, the new
plaintiff (the original defendnants) would also be entitled to
punitive damages.
I agree that if the news reports are accurate, such a lawsuit is
outrageous. I simply want to point out that there are ways
right now to deal with such things, and it is why in a nation of
more than 300 Million people, such lawsuits are pretty damn
rare.
#Post#: 186547--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: ticohans
Date: July 9, 2014, 8:39 am
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Fascinating inverview with Sam:
HTML http://www.fangraphs.com/blogs/jeff-samardzija-on-pitch-counts-and-injuries/
Fangraphs has some of the very best interview pieces in all of
sports.
#Post#: 186554--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: ben
Date: July 9, 2014, 9:32 am
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Thanks, Tico...that interesting article is just like those
provided by guys like Rogers and Sullivan, huh.
#Post#: 186569--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: PRCubFan
Date: July 9, 2014, 4:26 pm
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Tanaka on the DL with elbow inflammation and will now have an
MRI. If he needs Tommy John surgery that means two out of his
guaranteed 4 years will have pretty much been lost. Still early
without the MRI results, but the Cubs may have dodged a bullet.
We'll see what happens.
HTML http://espn.go.com/new-york/mlb/story/_/id/11196146/masahiro-tanaka-new-york-yankees-placed-dl-elbow-inflammation
#Post#: 186573--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: CurtOne
Date: July 9, 2014, 4:49 pm
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There were no Tommy John surgeries in the 30's, 40's and 50's.
Obviously we need to raise the mound back and bring back the
spitball!
#Post#: 186575--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: DelMarFan
Date: July 9, 2014, 4:51 pm
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I guess posting a gif of Nelson from the Simpsons saying Ha-Ha
would be bad form, right?
#Post#: 186578--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: ticohans
Date: July 9, 2014, 5:08 pm
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I sincerely hope Tanaka is ok. That said, this is why his deal
with the Yanks was terrible and should not have been beaten by
the Cubs: there is no accounting for downside risk in it.
If the only way a deal is worth it is if a pitcher performs at
league best levels for four years, it's a bad deal.
#Post#: 186580--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: CUBluejays
Date: July 9, 2014, 5:09 pm
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I'm coming around to giving a pitcher more than a 2 year deal is
a bad idea.
#Post#: 186583--------------------------------------------------
Re: Around Baseball (06/14 - 08/15)
DIR By: PRCubFan
Date: July 9, 2014, 5:15 pm
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If I remember correctly, Tanaka was heavily abused in Japan.
Too much of a gamble with pitching. So if we agree we can't
give any pitchers long term deals, all the more reason why we
have to develop or trade for some young pitching. I still think
I would go after Lester if he makes it to free agency. Start
with Lester and Arrieta and see what else you can build around
them.
Speaking of bad long term contracts, I wonder if the Yankees
would want any part of Edwin Jackson. I really hope we can get
rid of him going into 2015.
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