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Carlos Danger

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Everything posted by Carlos Danger

  1. Yes, that was avenue one. Which I said he would likely not have success and would be much more difficult, since he would be fighting the CBA among other established issues. Not an apples and apples discussion. In regards to the civil case for Slander or Liable whichever they choose, (reputation and earnings damage), according to Bauer/legal team, there was evidence available to MLB that was not considered or not made public that could have mitigated the veracity of the accusations etc. Like that morning after video I think is one of them. I am still waiting to find out how Bauer violated the policy if all the beating her face to a pulp etc was BS? Lastly, in the U.S a very high number of suits brought forward if any merit what so ever are settled by the corporation/company/individual before they even make it to court. The chances of losing in a jury trial, plus legal fees and reputational damage make it more prudent to settle out of court. Regardless, if BS half the time, it is better fiscal policy/risk mitigation to settle. I hate that we are such a litigious society in the US. However, I think Bauer has enough to at least make MLB settle if not flat out win a jury trial. Again, this is Bauer’s nuclear option if he can’t ever get an MLB contract/tryout etc.
  2. Thanks for the positive wishes. Jim, I think you are confusing or conflating an Administrative hearing, with a civil case, vs a criminal case.
  3. Read the elements of a defamation case in the US. MLB said he violated a sexual abuse policy with such veracity that he received a record suspension. Deadspin is media and held to a different standard, especially if only reporting on what MLB said in the first place. I bet you MLB would settle before taking their chances on a jury trial.
  4. 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.
  5. 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...
  6. 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.
  7. 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.
  8. Agree, that is his nuclear option.
  9. 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..
  10. 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.
  11. Dude, please read why the Mariners got rid of Winker and why no one wants him. You are like the baseball version of Encino man..
  12. You want him to hit lead off? (Per MLBTR) Kiner-Falefa hit .242/.306/.340 over 361 plate appearances with the Yankees last season, essentially matching his .261/.314/.346 slash line over 2415 career PA at the big league level. This translates to an 81 wRC+ — tied for the fourth-lowest total of any player with more than 2000 PA since the start of the 2018 season.
  13. If the result of IKF is they punt Espinal and trade Biggio, I will be ecstatic by the move. Even just punting Espinal will give me a woody.
  14. Ok, my bad in not realizing that account was created this month. For some reason I thought Shoot me straight, was a long time poster. The name seemed very familiar...
  15. Don't agree with you on this one BTS. People might not like the Negative Nancy attitude and consistent demeaning of the Jays. However, nothing he was posting was not accurate in terms of the Team's record. I didn't see him being disrespectful and crossing the lines of personal attacks. If we are going to curtail worthless nonsense, there is a certain poster that is hot liquid food item from a country that surrenders a lot that we could start with.
  16. Friedman isn't home grown, they identified, targeted and acquired. Their # 1 payer Mookie Betts (pre-Ohtani) was acquired via the use of specs. This year's mid season farm system rankings had the Dodgers 6th, the Blue Jays 26th. The Dodgers just sent specs to acquire Glasnow and they won't miss a beat in terms of the pipeline of prospects on the way. Using the amount of home grown players on the roster as a comparison is not an equitable metric by which to measure sustained and future success. Assuming you are saying that the Jays and Dodgers are somewhat equal due to the amount of homegrown players. The Dodgers also lost Urias a top tier SP to off field issues as they did Bauer, albeit he was a FA.
  17. We scored 8 runs in game 2 of the WC we lost to the Mariners. We can’t go one way or the other, we need both to be sustainable winners.
  18. What did Shoot me Straight get banned for??
  19. Amazon Prime, Netflix and the Hallmark channel are all fighting over the movie rights as I type.
  20. To play Devil’s Advocate to this post. Why is the Dodger’s system so good and has been consistently good and they have not tanked or been the beneficiary of being a small market club.
  21. Since when? He was solid with AZ?
  22. I think I would become a Braves or Marlins fan..
  23. It is far better than a lot of s*** out there and everything is sourced. Not sure what your hang up is.. It is a large Global site, that happens to have an MLB component.
  24. Cubs believed to be happy at Stroman Opt out. Don't want that ass hat here. https://www.sportskeeda.com/baseball/news-the-cubs-happy-it-mlb-insider-believes-chicago-cubs-relieved-marcus-stroman-s-opt-out
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