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

 

MLB is just protecting its brand. I have no idea what "cancel culture" is. Is it when you do something offensive and there are consequences. Accountability?

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Community Moderator
Posted
MLB is just protecting its brand. I have no idea what "cancel culture" is. Is it when you do something offensive and there are consequences. Accountability?

 

I'm not sure either. I follow NHL and MLB, and the only player who's suspended across either league who I think there's a reasonable argument should be playing is Bauer. I'm not seeing this culture of wrongfully canceled players. Maybe in NFL or NBA?

Posted
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.

 

That's what I said Jim. I am not sure you understand U.S civil law. How did Bauer contravene the policy, and what was the proof that led to his situation? That is how Bauer would win. The Arbitrator you are talking about is an Administrative arbitrator. Nothing to do with a civil law suit.

 

The Arbitrator I am talking about would be court appointed to help determine damages/lost wages based on "Like" SPs market value. This would only be after the fact if Bauer won a civil suit.

Posted
I'm not sure either. I follow NHL and MLB, and the only player who's suspended across either league who I think there's a reasonable argument should be playing is Bauer. I'm not seeing this culture of wrongfully canceled players. Maybe in NFL or NBA?

 

Tim Tebow was blacklisted because he's a born again Christian

Posted
That's what I said Jim. I am not sure you understand U.S civil law. How did Bauer contravene the policy, and what was the proof that led to his situation? That is how Bauer would win. The Arbitrator you are talking about is an Administrative arbitrator. Nothing to do with a civil law suit.

 

The Arbitrator I am talking about would be court appointed to help determine damages/lost wages based on "Like" SPs market value. This would only be after the fact if Bauer won a civil suit.

 

So we agree on what the principle of the claim would be, but not the timing of the claim filing or how damages would be calculated. Law 101 questions. We can stop now.

Posted
Multiple more bats?

 

That'll be interesting.

 

Must be working trades because there just aren't many good hitting free agents available

 

I'd love to see JD Martinez for DH and a trade for a heavy hitting COF or 3B

Posted

Slander Per Se

In most slander cases, you must show the false statement was actually harmful to your reputation.

 

However, some statements are so obviously damaging that you can prove harm simply by showing the defendant falsely made the claim. This is called slander per se. Per se means the statement speaks for itself. Merely showing it was uttered is sufficient.

 

Some common examples of statements that would be classified as slander per se include the following:

 

Saying you committed a crime

Saying you committed adultery or sexual misconduct

Saying you engaged in professional misconduct

If you can show the defendant falsely spoke these words about you to a third party, this could be enough to win your slander lawsuit.

 

Examples of Slander

Some examples of slander include:

 

Someone telling a current or potential employer a damaging lie about your professional ethics either in person or over the phone

Someone coming to a town hall meeting or block party, standing up and speaking, and falsely claiming you committed a crime

Someone telling members of your church that you are cheating on your spouse with an underaged partner

In each of these examples, a statement is made orally that affects your reputation and causes you harm.

 

There are two major defenses to slander that defendants could raise to avoid liability in a slander lawsuit. They include:

Truth: If the defendant shows the statement they made was true, you cannot win a slander lawsuit. Truth is an absolute defense to slander.

Opinion: If a defendant shows the statement was not one of fact, but one of opinion, you can’t recover compensation for damages. For example, if you’re a chef and a customer falsely tells others in your restaurant that you served spoiled food, this is a false assertion of fact that could give rise to a slander claim. But if someone tells other patrons in your restaurant that they believe your food had a bad taste, this is an opinion and you can’t successfully sue for slander because of it.

 

f you can prove you were slandered, you can obtain compensation for your damages in a slander lawsuit. This can include payment for the following:

 

Lost earnings and any reduction in future earnings that occurs due to the damage to your reputation

Lost business and economic opportunities due to reputational damage

Pain and suffering resulting from the false claims and the resulting consequences

Medical expenses if you sought therapy or other treatment as a result of the slander

 

 

Note the two defenses to Slander. Truth, I think everyone is onboard now that what was stated occurred, did not occur.

 

The other defense is opinion, in this case MLB can't claim it was their opinion...

Community Moderator
Posted
Must be working trades because there just aren't many good hitting free agents available

 

I'd love to see JD Martinez for DH and a trade for a heavy hitting COF or 3B

 

I'm still holding out hope for Machado or Tatis from the bankrupt Padres

Posted
Slander Per Se

In most slander cases, you must show the false statement was actually harmful to your reputation.

 

However, some statements are so obviously damaging that you can prove harm simply by showing the defendant falsely made the claim. This is called slander per se. Per se means the statement speaks for itself. Merely showing it was uttered is sufficient.

 

Some common examples of statements that would be classified as slander per se include the following:

 

Saying you committed a crime

Saying you committed adultery or sexual misconduct

Saying you engaged in professional misconduct

If you can show the defendant falsely spoke these words about you to a third party, this could be enough to win your slander lawsuit.

 

Examples of Slander

Some examples of slander include:

 

Someone telling a current or potential employer a damaging lie about your professional ethics either in person or over the phone

Someone coming to a town hall meeting or block party, standing up and speaking, and falsely claiming you committed a crime

Someone telling members of your church that you are cheating on your spouse with an underaged partner

In each of these examples, a statement is made orally that affects your reputation and causes you harm.

 

There are two major defenses to slander that defendants could raise to avoid liability in a slander lawsuit. They include:

Truth: If the defendant shows the statement they made was true, you cannot win a slander lawsuit. Truth is an absolute defense to slander.

Opinion: If a defendant shows the statement was not one of fact, but one of opinion, you can’t recover compensation for damages. For example, if you’re a chef and a customer falsely tells others in your restaurant that you served spoiled food, this is a false assertion of fact that could give rise to a slander claim. But if someone tells other patrons in your restaurant that they believe your food had a bad taste, this is an opinion and you can’t successfully sue for slander because of it.

 

f you can prove you were slandered, you can obtain compensation for your damages in a slander lawsuit. This can include payment for the following:

 

Lost earnings and any reduction in future earnings that occurs due to the damage to your reputation

Lost business and economic opportunities due to reputational damage

Pain and suffering resulting from the false claims and the resulting consequences

Medical expenses if you sought therapy or other treatment as a result of the slander

 

 

Note the two defenses to Slander. Truth, I think everyone is onboard now that what was stated occurred, did not occur.

 

The other defense is opinion, in this case MLB can't claim it was their opinion...

 

So what are the MLB statements that rise to the level of slander?

Community Moderator
Posted
I wonder what Kim would cost? He's almost certainly opting out after the season.

 

Yeah he'd be a great addition too. Elite defensive SS who can play all over the infield and hits a bit.

Posted
I'm still holding out hope for Machado or Tatis from the bankrupt Padres

 

Machado's contract scares the hell out of me but I'd consider taking it if it meant also receiving Tatis as well.

Posted
I wonder what Kim would cost? He's almost certainly opting out after the season.

 

He's a guy I don't imagine the Padres would be terribly interested in moving given their plans to try to compete in 2023. His contract is remarkably team friendly compared to the value he brings and is perfect for a cash strapped team like the Padres.

Posted

Machado should very much be in play, with SS Jackson Merrill (BA #13) being MLB ready, and Kim a very competent 3B glove.

 

Padres would need to eat a hefty amount of Machado's salary.

Posted
I'm still holding out hope for Machado or Tatis from the bankrupt Padres

 

Machado is who I'm hoping for. Terrible contract but in a vacuum the player is exactly what the Jays need. A solid 3B with a big bat.

Posted
Must be working trades because there just aren't many good hitting free agents available

 

I'd love to see JD Martinez for DH and a trade for a heavy hitting COF or 3B

 

Exactly what I was thinking. The bats left in free agency are all full of warts and/or question marks.

 

Must be some trades in the works.

Posted
Must be working trades because there just aren't many good hitting free agents available

 

I'd love to see JD Martinez for DH and a trade for a heavy hitting COF or 3B

 

Exactly what I was thinking. The bats left in free agency are all full of warts and/or question marks.

 

Must be some trades in the works.

Posted
Almost no interest in Machado. Contract is gross.

 

Yeah, very gross but the Padres would have to eat some of it and it could be an opportunity to nab a 4+ fWAR 3B for basically free. Just deal with the contract later on when it starts to cause pain.

Posted
Almost no interest in Machado. Contract is gross.

 

At anywhere close to full freight this is a really bad contract. If the Padres are willing to eat something like half of it then it starts being palatable, but even then paying the guy for another 10 years until he's in his 40's is a really hard pill to swallow.

Posted

Yeah, Machado's contract is horribly back loaded too

 

The next few years are actually very reasonable but then he gets 35M a year startling in 2027 until he's 40 years old. YUCK

 

Those last few years we all know he'll be a bloated lazy 1B/DH too just hanging around collecting paycheques and padding his HOF counting stats

 

https://www.spotrac.com/mlb/san-diego-padres/manny-machado-11638/

Posted
Yeah, Machado's contract is horribly back loaded too

 

The next few years are actually very reasonable but then he gets 35M a year startling in 2027 until he's 40 years old. YUCK

 

Those last few years we all know he'll be a bloated lazy 1B/DH too just hanging around collecting paycheques and padding his HOF counting stats

 

https://www.spotrac.com/mlb/san-diego-padres/manny-machado-11638/

 

Those years won't hurt as much if they've won a world series somewhwre from 2024 to 2027 haha

Posted

Plenty of people were ready to hand Chapman $200m after April. Machado >>> Chapman.

 

I would probably take paying Machado 10/300m over Chapman 6/150m. But I wouldn’t went either. 10/200 or something, I think you take Machado for sure.

Posted
So what are the MLB statements that rise to the level of slander?

 

Ahhh this:

 

MLB Commissioner Rob Manfred suspended Bauer for 324 games for violating the league's domestic violence and sexual assault policy.

 

Note, this was after Bauer was placed on Admin leave pending investigation.

 

Which resulted in this:

 

After the league's decision, the Dodgers released the following statement: "The Dodgers organization takes all allegations of this nature very seriously and does not condone or excuse any acts of domestic violence or sexual assault. We’ve cooperated fully with MLB's investigation since it began, and we fully support MLB’s Joint Domestic Violence, Sexual Assault and Child Abuse Policy, and the Commissioner’s enforcement of the Policy.

 

Which led to this:

 

The Los Angeles Dodgers are cutting ties with pitcher Trevor Bauer, whose unprecedented 324-game suspension over sexual misconduct allegations was reduced two weeks ago.

 

What was the violation of the leagues sexual abuse policy and to the extent to impose the harshest ever penalty while at the same time the police declined to file criminal charges. Which is important since other players who "violated" the policy, were arrested, there was police involvement on the scene and charges were initially filed.

 

This could be Liable vs Slander, but it is really semantics.

 

The MLB commissioner had a press conference and issued a press release saying Bauer violated the policy and to the extent that and unprecedented suspension was issued. This action/statement had direct causation and correlation to Bauer being released by the Dodgers and nor been offered one MLB contract since that we are aware of.

 

I have not seen anything and according to Bauer, once he could talk, to substantiate the policy violation and harshness of the punishment since both sides have been allowed to publicly discuss the incident.

 

Put that up to a Jury that is carefully selected and Bauer will own half of MLB.

 

That is your slander and damages.

Posted
If the Padres eat 1/3 of the contract, and made the trade, nothing stopping the Jays from renegotiating the payment terms to be more front loaded or whatever to match their expected salary demands over the next while.
Posted
Ahhh this:

 

MLB Commissioner Rob Manfred suspended Bauer for 324 games for violating the league's domestic violence and sexual assault policy.

 

Note, this was after Bauer was placed on Admin leave pending investigation.

 

Which resulted in this:

 

After the league's decision, the Dodgers released the following statement: "The Dodgers organization takes all allegations of this nature very seriously and does not condone or excuse any acts of domestic violence or sexual assault. We’ve cooperated fully with MLB's investigation since it began, and we fully support MLB’s Joint Domestic Violence, Sexual Assault and Child Abuse Policy, and the Commissioner’s enforcement of the Policy.

 

Which led to this:

 

The Los Angeles Dodgers are cutting ties with pitcher Trevor Bauer, whose unprecedented 324-game suspension over sexual misconduct allegations was reduced two weeks ago.

 

What was the violation of the leagues sexual abuse policy and to the extent to impose the harshest ever penalty while at the same time the police declined to file criminal charges. Which is important since other players who "violated" the policy, were arrested, there was police involvement on the scene and charges were initially filed.

 

This could be Liable vs Slander, but it is really semantics.

 

The MLB commissioner had a press conference and issued a press release saying Bauer violated the policy and to the extent that and unprecedented suspension was issued. This action/statement had direct causation and correlation to Bauer being released by the Dodgers and nor been offered one MLB contract since that we are aware of.

 

I have not seen anything and according to Bauer, once he could talk, to substantiate the policy violation and harshness of the punishment since both sides have been allowed to publicly discuss the incident.

 

Put that up to a Jury that is carefully selected and Bauer will own half of MLB.

 

That is your slander and damages.

 

There is nothing there that comes close to slander. MLB never stated Bauer committed a crime.

 

Bauer lost his defamation case against Deadspin.

Community Moderator
Posted

There is no slander case

 

Bauer's main angle would be some kind of appeal or judicial review of the arbitration decision or process

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