Around Baseball 2023

[Jimcanuck]

Might the Rays actually have a shot at getting out of his contract???

 

Depends on the terms, but generally, if performance is not possible and is the fault of the player, the player is in default and the contract may be terminated.

[BTS]

Might the Rays actually have a shot at getting out of his contract???

 

Seems likely at this point. I don’t think he’ll be reporting to training camp, whether because he’s suspended by MLB, incarcerated, or on the lam

[L54]

On a human spectrum

 

Bauer>>>>>>>>>>>>>>Wander

[Carlos Danger]

From MLB superstar to Interpol most wanted

 

Amazon Prime, Netflix and the Hallmark channel are all fighting over the movie rights as I type.

[Terminator]

Might the Rays actually have a shot at getting out of his contract???

 

Yeah I bet they can terminate for cause. Franco and the player's union might fight it in which case they could probably end up in a settlement. But I would imagine that any settlement would be very small compared to the rest of the money owed because he probably won't have a very good claim against the team.

[Dick_Pole]

If he's disappeared, where do you even send the checks to? People here are talking about settlement when the first step is even finding him. He's either not thought this through or is willing to forego the money in favour of catching up with Andy Dufresne. Not sure how serious the charges are but there is always the possibility he takes the Aaron Hernandez way out too.

[John_Havok]

Yeah I bet they can terminate for cause. Franco and the player's union might fight it in which case they could probably end up in a settlement. But I would imagine that any settlement would be very small compared to the rest of the money owed because he probably won't have a very good claim against the team.

 

If the Bauer situation didn’t qualify for termination with cause or any other domestic violence suspensions….what would?

[G-Snarls]

If he's disappeared, where do you even send the checks to? People here are talking about settlement when the first step is even finding him. He's either not thought this through or is willing to forego the money in favour of catching up with Andy Dufresne. Not sure how serious the charges are but there is always the possibility he takes the Aaron Hernandez way out too.

 

[Terminator]

If the Bauer situation didn’t qualify for termination with cause or any other domestic violence suspensions….what would?

 

I really don't want to get into the Bauer situation again but he was never charged with anything and lawsuits filed against him were dropped. If they tried terminating him for cause, and you could make that argument if you're the Dodgers I suppose, Bauer would have a great case.

[Frenchsoup]

Imagine we brought in Bauer and Biebs? And use Kooch and Manoah as trade bait

[Jimcanuck]

If the Bauer situation didn’t qualify for termination with cause or any other domestic violence suspensions….what would?

 

He was suspended without pay. Bauer could fight this as unjust and still can up to when the limitation period expires (I believe this is April 2024). If not team signs him before then, you may well see him sue MLB and the Dodgers.

[Laika]

He was suspended without pay. Bauer could fight this as unjust and still can up to when the limitation period expires (I believe this is April 2024). If not team signs him before then, you may well see him sue MLB and the Dodgers.

 

Is that limitation deadline from an article or something?

[Jimcanuck]

Is that limitation deadline from an article or something?

 

The date the suspension without pay started was on or about April 17, 2022. Have assumed this would be the date of discoverability and that the general 2 year period applies.

[Laika]

The date the suspension without pay started was on or about April 17, 2022. Have assumed this would be the date of discoverability and that the general 2 year period applies.

 

Not sure the basic limitation period would apply here

 

It might be a labour grievance and subject to the CBA only

 

Also, he can argue that his losses were only discoverable this off-season when no MLB team offered him a deal

[Jimcanuck]

Not sure the basic limitation period would apply here

 

It might be a labour grievance and subject to the CBA only

 

Also, he can argue that his losses were only discoverable this off-season when no MLB team offered him a deal

 

An arbitrator already rendered a judgement under the CBA. Did read in an article by a reputable org that he can still litigate.

 

Fair point on discoverability, although he could have signed with a MLB team last year...

 

Understand it is difficult to overturn a decision made according to a process agreed upon by the parties (i.e., the 3 person arbitration panel)

[Carlos Danger]

An arbitrator already rendered a judgement under the CBA. Did read in an article by a reputable org that he can still litigate.

 

Fair point on discoverability, although he could have signed with a MLB team last year...

 

Understand it is difficult to overturn a decision made according to a process agreed upon by the parties (i.e., the 3 person arbitration panel)

 

I mentioned this before and Laika is right. The reason he has not filed a civil case (yet) is because the scope of damages is not clear. A good legal team would never let him proceed before understanding and being able to properly show and substantiate damages.

 

We will probably have to wait until the start of the 2024 MLB season at least, to see where Bauer stands with a contract situation and which league.

[Jimcanuck]

I mentioned this before and Laika is right. The reason he has not filed a civil case (yet) is because the scope of damages is not clear. A good legal team would never let him proceed before understanding and being able to properly show and substantiate damages.

 

We will probably have to wait until the start of the 2024 MLB season at least, to see where Bauer stands with a contract situation and which league.

 

Where is Laika right and I am wrong? The only part unclear is date of discoverability.

 

Usually, the date of discoverability is when the loss first begins to accrue or a loss becomes known, which would be April 2022. If the loss is going to continue through the proceeding and into the future, the accumulating losses are taken into account in a decision.

 

Bauer's lawyers are unlikely to take a chance the courts will determine discoverability to be April 2022, and not some later date. If he is going to sue, the claim will be filed before April 2024.

[Laika]

The arbitration decision was Dec. 2022

 

That date is more important than the April 2022 one

[Laika]

But I don't think Bauer will ever sue MLB. I think he wants to pitch again more than he wants money.

[Marew]

If’s even be happy with Bauer, jay ram and bellinger. Would call the season salvaged and be happy to move on

[Carlos Danger]

Where is Laika right and I am wrong? The only part unclear is date of discoverability.

 

Usually, the date of discoverability is when the loss first begins to accrue or a loss becomes known, which would be April 2022. If the loss is going to continue through the proceeding and into the future, the accumulating losses are taken into account in a decision.

 

Bauer's lawyers are unlikely to take a chance the courts will determine discoverability to be April 2022, and not some later date. If he is going to sue, the claim will be filed before April 2024.

 

There are two avenues which could be concurrent or separate that Bauer could pursue.

 

To make it very simple at a 30,000 ft level- The Dodgers stopped paying him and they should have continued paying based on the contract.

 

That avenue will be a lot more difficult to pursue due to the contractual language with MLB about violation of rules and the MLP agreement etc.

 

The second avenue, sue MLB for slander (reputation) and lost revenue due to the slander. Basically, MLB found him guilty regardless of lack of criminal charges and having evidence showing exonerating him videos and texts etc. MLB slandered his reputation vis a vi the suspension thereby causing MLB teams to not want to offer a contract and loss of revenue/ability to provide via his profession.

 

Bauer will be able to show that pitchers with similar or less metrics were getting X $$s and considering he was one season removed from a Cy Young he should have been a hot commodity.

 

The open question is what are the damages, you need to know that before you proceed in any case. You need to show standing and state how you were harmed. How Bauer was harmed, is yet to be determined... If he signs a contract for an SP of his value in the next month for an MLB team, Bauer could only claim lost wages between when the Dodgers stopped paying him, minus the value of what his MLB market would have been and what the Japanese team paid him.

 

I assume an arbitrator or the courts would use MLB arbitration numbers to see what a pitcher like Bauer was worth last year.

 

So to summarize, way too early for Bauer to pull any triggers or go nuclear..

[Tmlrapsjays10]

Robert Murray on his Youtube podcast says the Blue Jays aren't done by any means and that he wouldn't be surprised if they get multiple more bats. "Be patient Blue Jays fans, Ross Atkins is not done."

[Carlos Danger]

But I don't think Bauer will ever sue MLB. I think he wants to pitch again more than he wants money.

 

Agree, that is his nuclear option.

[Eat My Shatkins]

Robert Murray on his Youtube podcast says the Blue Jays aren't done by any means and that he wouldn't be surprised if they get multiple more bats. "Be patient Blue Jays fans, Ross Atkins is not done."

 

Multiple more bats?

 

That'll be interesting.

[Carlos Danger]

Multiple more bats?

 

That'll be interesting.

 

I hope to hell so! We have done nothing to make the team better than last year in any respect, and we were not good enough last year. The division and league will be better also. Hell, I really like the Tigers to get a WC spot.. Let alone Boston and NYY getting better.

[Jimcanuck]

There are two avenues which could be concurrent or separate that Bauer could pursue.

 

To make it very simple at a 30,000 ft level- The Dodgers stopped paying him and they should have continued paying based on the contract.

 

That avenue will be a lot more difficult to pursue due to the contractual language with MLB about violation of rules and the MLP agreement etc.

 

The second avenue, sue MLB for slander (reputation) and lost revenue due to the slander. Basically, MLB found him guilty regardless of lack of criminal charges and having evidence showing exonerating him videos and texts etc. MLB slandered his reputation vis a vi the suspension thereby causing MLB teams to not want to offer a contract and loss of revenue/ability to provide via his profession.

 

Bauer will be able to show that pitchers with similar or less metrics were getting X $$s and considering he was one season removed from a Cy Young he should have been a hot commodity.

 

The open question is what are the damages, you need to know that before you proceed in any case. You need to show standing and state how you were harmed. How Bauer was harmed, is yet to be determined... If he signs a contract for an SP of his value in the next month for an MLB team, Bauer could only claim lost wages between when the Dodgers stopped paying him, minus the value of what his MLB market would have been and what the Japanese team paid him.

 

I assume an arbitrator or the courts would use MLB arbitration numbers to see what a pitcher like Bauer was worth last year.

 

So to summarize, way too early for Bauer to pull any triggers or go nuclear..

 

No, principle of the claim is looked at firstly and separately from damages. You do not have to have fully substantiated damages to have a successful claim.

 

The arbitrator option is closed. Litigation is the only remaining option for Bauer.

 

Slander is a non-starter. MLB did not find him guilty and never said as much. They found he contravened the policy and the arbitrator panel agreed. There is zero evidence to support suing for slander.

 

Bauer's only case is that the suspension was improper or excessive.

[Jimcanuck]

Bauer suffers no loss if MLB does not suspend him - he would still be playing but for the suspension. Any and all claimed damages would accrue from the suspension, including a claim of loss of future income.

[Jonn]

Bauer returning to the MLB is like the big f*** you to cancel culture professional sports needs right now.

[BTS]

Bauer returning to the MLB is like the big f*** you to cancel culture professional sports needs right now.

 

Isn't it really just Bauer who isn't playing but maybe should be, as far as baseball goes?

[Laika]

Bauer returning to the MLB is like the big f*** you to cancel culture professional sports needs right now.

 

Agreed. Colin Kapaernick should still be playing.