SportsJudge Blog

SportsJudge Blog Has New Home

2010-12-11T11:39:00.002-05:00

Welcome to SportsJudge Blog. Please excuse us while we remodel.

Our blog now has a new home address: http://sportsjudge.com/sjblog

The main SportsJudge website remains the same: http://www.sportsjudge.com

Thanks.
The SportsJudge.com Team

Two Sports Law Review Articles Make SSRN Top 10 in Collective Bargaining

2010-08-30T12:35:00.006-04:00

With both the NBA and NFL collective bargaining agreements set to expire next year, two sports law review articles recently made the SSRN Top 10 List in the area of collective bargaining:

(1) Matthew Parlow, The NBA and the Great Recession: Implications of the Upcoming Collective Bargaining Agreement, Marquette University Law Review (2010).

(2) Marc Edelman & Joseph Wacker, Collectively Bargained Age/Education Requirements: A Source of Antitrust Risk for Sports Club-Owners or Labor Risk for Players Unions, Penn State Law Review (Forthcoming 2010).

The History of Fantasy Sports Dispute Resolution; SportsJudge.com

2010-08-27T12:07:00.013-04:00

As the 2010 fantasy football season approaches, I thought it would be fun to compose a timeline of articles about SportsJudge.com and the fantasy football dispute resolution industry.

SportsJudge's Media Timeline

January 19, 2007: Sam Borden of the Jacksonville Times-Union publishes perhaps the first newspaper article on SportsJudge.com, noting " [t]he surest sign of an intriguing idea is one that seems preposterous yet logical. "

September 10, 2007: Liz Farmer of The Baltimore Daily Record touts SportsJudge.com for the 2007 fantasy football season, but also expresses uncertainty about whether SportsJudge would get repeat customers.

September 4, 2008: Brian Baxter of American Law Daily highlights SportsJudge founder Marc Edelman's transition from big-firm associate to professor and entreprenuer.

February 19, 2009: Ron Kaplan of the New Jersey Jewish News gives SportsJudge.com an unequivocal compliment--touting SportsJudge as "the Solomon of Fantasy Sports."

May 21, 2009: More positive press, as The Wall Street Journal's Nano Di Fino suggests that fantasy sports commissioners should "mosey over to a fantasy dispute resolution site like SportsJudge and let a detached stranger make that call."

August 31, 2009: Time Magazine runs a feature on fantasy football and mentions SportsJudge.com and its services.

September 10, 2009: A CNN feature called "Lawyers, Insurance Firms Cash in on Fantasy Football" mentions SportsJudge.com as "offer[ing] to mitigate fretful, fantasy freuds."

August 1, 2010: Eriq Gardner highlights the role of SportsJudge.com with the growing fantasy sports industry in his ABA Journal article "The Umpire." Gardner estimates the number of fantasy sports contestants in North America at 30 million.

August 25, 2010: SportsJudge.com is featured as a thriving idea/business during a three-minute segment on CNBC's Squawkbox (video link available here).

Link to CBNC Story on Fantasy Dispute Resolution; SportsJudge.com

2010-08-25T09:19:00.002-04:00

Here is a link to CNBC's Squawk Box, discussing SportsJudge.com and the market for fantasy sports dispute resolution. CLICK HERE.

CNBC to Air Feature on Fantasy Sports Dispute Resolution; SportsJudge.com

2010-08-24T17:19:00.003-04:00

Tomorrow (Wed. 8/25), CNBC's Darren Rovell will interview me about SportsJudge.com and the growing market for fantasy sports dispute resolution services.

The interview will appear first on Squawk Box at 7:50 A.M. EDT and then again on CNBC's afternoon programming at 1:40 P.M. EDT.

SportsJudge's Colligan Joins Forbes; Daily News's Spector Promoted to Rangers Beat Reporter; Coslov to Lead SJ Hockey

2010-08-23T07:59:00.019-04:00

This was a big week for SportsJudge alumni and friends in the world of hockey:

Michael Colligan, who wrote SportsJudge's heralded hockey column from 2008-2009 and also writes a column on sports business at The Hockey Writers, will soon be joining Forbes SportsMoney. We look forward to seeing Mike "on the cover of Forbes Magazine, smiling next to Oprah and the Queen."

Also, Jesse Spector -- a long-time baseball reporter with the New York Daily News, who competed in the 2009 SportsJudge.com Fantasy Baseball Classic -- has been promoted to the Daily News's new New York Rangers beat reporter. We will be reading Jesse's work from the blue seats.

Finally, over at SportsJudge Blog, our hockey coverage will be led this year by Darren Coslov, who is entering his third season with the blog. While Darren will have some big shoes to fill, he has already written several outstanding hockey features, including this brilliant piece on the Edmonton Oilers. We look forward to Darren's emergence as the face of SportsJudge Hockey.

SportsJudge.com to Provide Free Dispute Resolution Services to Fantasy College Football Invitational

2010-08-16T23:34:00.007-04:00

On January 1, 2010, SportsJudge.com announced that it would begin providing free fantasy dispute resolution services to any fantasy sports league that donated 15% or more of its league entry fee to a SportsJudge.com approved charity.

In this spirit, SportsJudge has agreed to serve as the pro bono arbitrator to the Fantasy College Football Invitational--a fantasy college football league comprised of twenty industry writers, editors and analysts.

A link to the league's inaugural draft results is available here:

New York is the Capitol of Fantasy Sports Dispute Resolution

2010-08-09T15:48:00.008-04:00

Since the American Bar Association published its article last month on fantasy sports dispute resolution, I have received a number of press inquiries asking where SportsJudge.com customers live.

Here are some answers, based on our past 500 web hits. From these results, it seems New York, NY is the nation's capitol of fantasy sports dispute resolution.

Top 10 Most Popular States for SportsJudge.com Fantasy Sports Dispute Resolution

1. New York (13.8 %)
2. California (9.4%)
3. Florida (6.8%)
4. Pennsylvania (6.4%)
5. Illinois (5.8%)
6. Massachusetts (4.8%)
7. New Jersey (4.4%)
8. Minnesota (3.8%)
9. Texas (3.4%)
10. Connecticut (2.8%)

Top 10 Most Popular Cities for SportsJudge.com Fantasy Sports Dispute Resolution

1. New York, NY (9.2%)
2. Chicago, IL (3.6%)
3. Houston, TX (2.8%)
4. West Palm Beach, FL (2.8%)
5. Southfield, MI (1.8%)
6. Richmond, VA (1.8%)
7. Minneapolis, MN (1.8%)
8. Washington, DC (1.6%)
9. Philadelphia, PA (1.6%)
10. Brooklyn, NY (1.6%)

American Bar Journal Writes about Fantasy Sports Disputes, SportsJudge.com

2010-08-04T12:52:00.004-04:00

Eriq Gardner had a great article in August's American Bar Association Journal about SportsJudge.com and the history of fantasy dispute resolution. The article begins:

For the love of the game or the pursuit of some prize money, about 30 million people actively play in fantasy sports leagues across the United States and Canada. Competitors build rosters of professional sports athletes and set lineups in pursuit of statistical achievement. Nothing rankles fantasy enthusiasts more than perceived unfairness, such as a lopsided player trade between two competitors that tips a league’s balance.

That’s where Marc Edelman comes in.

For a link to the full article, please see here.

Fantasy Baseball Dispute No. 8170-T: SportsJudge Court Approves NL-Only Trade of Bay for Capps & J. Hairston (Time Stamped July 27th)

2010-08-02T10:28:00.007-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8170-T Trade Date: July 27, 2010 Date Posted: August 2, 2010 League Type: NL-ONLY ROTO Dispute: TRADE REVIEW Judge: MARC EDELMAN TRADE BETWEEN PHIRE & KENNY POWERS APPROVED
COMMISSIONER OF CAMPIONS CUP LEAGUE Petitioner, - against - PHIRE & KENNY POWERS Respondents.	: : : : : : : : : :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	X

Commissioner of the Campions Cup League brings this claim in the SportsJudge.com Court of Fantasy Baseball Disputes to resolve a fantasy baseball dispute involving the status of a proposed trade of Phire players Jason Bay (OF, New York Mets) and Chris C. Carter (LF, New York Mets) to Kenny Powers for Matt Capps (P, Washington Nationals) and Jerry Hairston Jr. (IF/OF San Diego Padres).

This trade was time stamped on 7/27 at 2:47 P.M. – before Jason Bay was placed on the disabled list and before Matt Capps was traded to the Minnesota Twins. The trade was viewed with these concepts in mind.

The Law on Upholding a Trade

In this court, it is the general rule that any fantasy baseball trade shall be upheld as long as the trade adequately benefits both teams. (See Public Opinion No. 101, Big Red Rockers v. Big City Bombers). Where a league constitution provides alternative criteria for reviewing a trade, the alternative criteria may supersede the general rule. (See Public Opinion No. 409-T, Commissioner of Campions Cup League v. Cartman).

The Campion Cup League Constitution, at issue in this case, has perhaps the strictest trade restrictions that this Court has ever seen. According to the Constitution, “Only the current season’s value (and past season values) of the players may be considered in the equality of any trade. The future freeze value or contract value cannot be considered as an element in the fairness of a trade.”

The Constitution also has the following restriction, “Only trades that are clearly equitable will be permitted. Trades that leave an impression of even marginally pushing the envelope shall be rejected.” As such, the ruling of Big Red Rockers v. Big City Bombers will not be used to decide this trade, and instead the trade will only be accepted if both sides of the trade are equal in value without taking into account future projections. (See SportsJudge.com Blog Opinion No. 8160-T, Commissioner of Campions Cup League v. Phire & Shazam).

The Proposed Trade

The proposed trade is a 2-for-2 trade:

PHIRE proposes to send to Kenny Powers (2010 statistics in parentheses):

· Jason Bay (.259 Avg., 48 Runs, 6 Home Runs, 47 RBI, 10 SB)

· Chris C. Carter (.244 Avg., 7 Runs, 2 Home Runs, 12 RBI, 0 SB)

Kenny Powers proposes to send PHIRE:

· Matt Capps (3 wins, 27 saves, 39 K, 2.68 ERA, 1.30 WHIP)

· Jerry Hairston Jr. (.251 Avg., 41 Runs, 7 Home Runs, 42 RBI, 8 SB)

The Analysis

As previously stated, pursuant to the Campions Cup League Constitution, this trade will only be accepted if both sides of the trade are equal in value without taking into account future projections as per the league constitution. (See SportsJudge.com Blog Opinion No. 8160-T, Commissioner of Campions Cup League v. Phire & Shazam). Under this strict standard, this court has not upheld a single trade in the Campions Cup since June 2007, when the SportsJudge.com Court of Fantasy Baseball upheld the blockbuster trade of Carlos Beltran for John Smoltz.

This trade nevertheless meets this high threshold for approval. According to most forms of statistical analysis, the main players in the trade (Jason Bay and Matt Capps) provide nearly identical value, albeit at different positions and with Jason Bay having a greater upside.

Yahoo 2010 Rank

(Actual)

Yahoo 2009 Rank (Actual)

Jason Bay

236

Matt Capps

116

389

In addition, despite the strong 2010 statistical results of Jerry Hairston Jr. (statistics that thus far almost match Bay’s abysmal performance), these numbers seem to be somewhat of a positive aberration in light of Hairston’s overall career numbers. While this court thinks that Hairston is a clear upgrade for Phire over Chris Carter (especially given Hairston’s speed and positional flexibility) we do not believe the upgrade is enough to make the trade inequitable, especially given that the Padres, at the time, were widely rumored to be close to trading for numerous offensive players that would relegate Hairston Jr. back to the lesser reserve role that he was originally signed to play (court’s note: The Padres have since traded for SS/3B Miguel Tejada and OF Ryan Ludwick), and the primary Campions Cup objectors to this trade had actually been contending that Kenny Powers was getting the better end of the trade by acquiring Bay and Carter (court’s note: Even with the Capps trade risks, we were quite surprised by this argument).

Further, beyond the equitable nature of the actual players traded, there is also great reasonableness in the fantasy trading partners. Kenny Powers and Phire have very little incentive to conspire against the league in making this deal. Kenny Powers and Phire are in second and fourth place respectively – 1.5 points apart from each other in the standings. Phire is in a dead heat with the current third-place team, Highlanders, for saves. The addition of Capps could provide a critical two-point swing in the standings. Meanwhile, Kenny Power is currently tied with the first-place team in runs and is only five RBI ahead of the third-place team (Highlanders). While trading Capps may cost Kenny Powers one point in saves, gaining Bay will likely help Kenny Powers to gain/protect points in these two important offensive categories.

Indeed, this court notes that there is some substantial risk with both players given Bay’s recent head injury and the likeliness, at the time, that Capps would be traded to a team where he would no longer be a closer.

However, even despite all the uncertainty, the court still finds this trade equitable in light of the players traded and the parties involved.

Holding

Based on the foregoing, the SportsJudge.com Court of Fantasy Baseball upholds the trade of Phire players Jason Bay (OF, New York Mets) and Chris C. Carter (LF, New York Mets) to Kenny Powers for Matt Capps (P, Washington Nationals) and Jerry Hairston Jr. (IF/OF San Diego Padres).

Legal Commentary on American Needle Ranked No. 8 by SSRN

2010-08-01T19:54:00.003-04:00

My short legal commentary about the sports-business implications of American Needle v. Nat'l Football League was recently ranked No. 8 by the Social Science Research Network ("SSRN") in its list of Top Ten Papers Published in the Past 60 Days about Constitutional Liberties.

Fantasy Baseball Dispute No. 8168-T: Court Approves 8-Player Blockbuster Featuring Miguel Cabrera

2010-08-01T16:34:00.004-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8168-T Date: July 31, 2010 League Type: Rotisserie, 5x5 Dispute: TRADE REVIEW Judge: Stacey Evans TRADE BETWEEN ACE AND GARY & HAPPYSCRAPPY IS ACCEPTED
COMMISSIONER OF THE EP RULES LEAGUE Petitioner, - against - ACE & GARY & HAPPYSCRAPPY HEROPUP Respondent	: : : : : : : : : :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	X

The Commissioner of the EP Rules Fantasy Baseball League brings this claim in the SportsJudge.com Court of Fantasy Baseball Disputes to determine the status of a fantasy baseball dispute involving the proposed trade of Ace & Gary players Miguel Cabrera (1B, Detroit Tigers), Torii Hunter (OF, Los Angeles Angels), Ricky Romero (P, Toronto Blue Jays), and J.J. Putz (P, Chicago White Sox) to the HappyScrappy HeroPup for Ryan Zimmerman (3B, Washington Nationals), Ichiro Suzuki (OF, Seattle Mariners), Jered Weaver (P, Los Angeles Angels) and Roy Oswalt (P, Philadelphia Phillies).

The SportsJudge.com Court of Fantasy Baseball Disputes accepts the proposed trade.

The Law on Upholding a Trade

In this court, it is the general rule that any fantasy baseball trade shall be upheld as long as the trade adequately benefits both teams. (See Public Opinion No. 101, Big Red Rockers v. Big City Bombers). A trade reasonably benefits both teams if it allows both teams a reasonable chance of moving up in the standings. (See Unpublished Opinion No. 468-T, Commissioner Gary B. v. Ever-Lastings and 2 Legit 2 Quit). However, where a league constitution provides alternative criteria for reviewing a trade, the alternative criteria may supersede the general rule. (See Public Opinion No. 409-T, Commissioner P.K. v. Cartman). As the League Constitution at issue has no restrictions on trade reviews, the holding of Big Red Rockers will be used and this trade will be accepted if it adequately benefits both teams.

If the league is a keeper league, as is the case here, this Court will also consider a team’s likely performance in future years, especially with respect to the team currently ranked lower in the standings (See Unpublished Opinion No. 3704-T, Commissioner Paul Schultz v. Snakes & Blutos). This Court recognizes that team owners may have different strategies in terms of short-term and long-term goals; and that while one team may try to maximize its chances of winning prize money this year, another team may play for the future (See Unpublished Opinion No. 3731-T, Commissioner v. Muleskinners & Southsiders).

The Proposed Trade

The proposed trade is a 4-for-4 trade:

Ace & Gary proposes to send to HappyScrappy HeroPup (2010 statistics in parentheses):

· Miguel Cabrera (.350 Avg., 72 Runs, 25 Home Runs, 89 RBI, 2 SB)

· Torii Hunter (.286 Avg., 56 Runs, 16 Home Runs, 64 RBI, 8 SB)

· Ricky Romero (8 Wins, 3.46 ERA, 124 K’s, 1.31 WHIP, 0 Saves)

· J.J. Putz (5 Wins, 1.42 ERA, 43 K’s, 0.76 WHIP, 2 Saves)

HappyScrappy HeroPup proposes to send to Ace & Gary:

· Ryan Zimmerman (.295 Avg., 56 Runs, 17 Home Runs, 53 RBI, 2 SB)

· Ichiro Suzuki (.308 Avg., 39 Runs, 3 Home Runs, 27 RBI, 23 SB)

· Jered Weaver (9 Wins, 3.19 ERA, 155 K’s, 1.09 WHIP, 0 Saves)

· Roy Oswalt (6 Wins, 3.42 ERA, 120 K’s, 1.11 WHIP, 0 Saves)

The Analysis

In short, this trade helps both teams. The trade moves one of baseball’s best keepers (Miguel Cabrera) from a team in prize money contention to a team outside of contention. It also moves substantial 2010 talent to the team in prize money contention.

Beginning with the deal’s primary pitchers, there is no question that Jered Weaver is a better pitcher than Ricky Romero. Currently, Jered Weaver ranks 1^st in the AL in Strikeouts, 4^th in the AL in WHIP and 11^th in the AL in ERA. By comparison, Ricky Romero is tied for 8^th in the AL in Strikeouts, 31^st in the AL in WHIP, and 18^th in the AL in ERA. Jered Weaver’s statistics makes him a potential “third keeper” for some EP Rules clubs, but not a dominant keeper. By contrast, Ricky Romero, while solid, is certainly not keeper caliber.

Moving to the trade’s secondary pitchers, Roy Oswalt ranks 13^th in the NL in Strikeouts, 8^th in the NL in WHIP, and 24^th in the NL in ERA. In other words, he is solid but not spectacular. Meanwhile, J.J. Putz puts up the stats of one of baseball’s better middle relievers and an asset in the E.R.A. and WHIP categories. However, as a middle reliever, Putz only contributes to two categories, while Oswalt is an asset in four. Neither player is a likely keeper for 2011.

Shifting now to the offensive side of the trade, Miguel Cabrera is the deal’s shining gem. Cabrera currently in contention for the American League Triple Crown, and will likely be a major contributor in four offensive categories for years to come. Not only is he an almost certain keeper, but he is one of the EP Rules league’s top keepers. By signing Cabrera, HappyScrappy Hero Pup gets a superstar to build around for many years to follow.

By contrast, Torii Hunter, Ichiro, and Ryan Zimmerman are also very solid hitters, however, none are premier keeper options. While Zimmerman may have some keeper value due to his position (third base) and young age, his statistics still do not place him in the same category as Cabrera.

Holding

Based on the foregoing, this court accepts the proposed trade from Ace & Gary of players Miguel Cabrera (1B, Detroit Tigers), Torii Hunter (OF, Los Angeles Angels), Ricky Romero (P, Toronto Blue Jays), and J.J. Putz (P, Chicago White Sox) to the HappyScrappy HeroPup for players Ryan Zimmerman (3B, Washington Nationals), Ichiro Suzuki (OF, Seattle Mariners), Jered Weaver (P, Los Angeles Angels) and Roy Oswalt (P, Philadelphia Phillies)

Fantasy Baseball Dispute No. 8169-T: SportsJudge.com Court Approves Trade of McCutchen, Niese & B. Anderson for Cuddyer and Hanson

2010-07-31T09:11:00.008-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8169-T Date Rendered: July 30, 2010 Date Issued: July 30, 2010 League Type: Rotisserie, 5x5 Dispute: TRADE REVIEW Authoring Judge: Ed Gefen TRADE BETWEEN PiNsTrIpErS & THE SONS OF PITCHES IS ACCEPTED.
COMMISSIONER OF EP RULES BASEBALL KEEPER LEAGUE Petitioner, - against - PiNsTrIpErS and THE SONS OF PITCHES Respondent	: : : : : : : : : :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	X

The EP Leagues brings this claim in the COURT OF FANTASY BASEBALL to determine the status of a fantasy baseball dispute involving the proposed trade of PiNsTrIpErS players Andrew McCutchen (OF Pittsburgh Pirates), Jonathon Niese (P, New York Mets) and Brett Anderson (P, Oakland Athletics) for The Sons of Pitches players Michael Cuddyer (OF-1B, Minnesota Twins) and Tommy Hanson (P, Atlanta Braves).

This court ACCEPTS the proposed trade.

The Law on Upholding a Trade

In this court, it is the general rule that any fantasy baseball trade shall be upheld as long as the trade adequately benefits both teams. (See Public Opinion No. 101, Big Red Rockers v. Big City Bombers). A fantasy trade reasonably benefits both teams if it allows both teams to have a reasonable chance of moving up in the standings. (See Unpublished Opinion No. 468-T, Commissioner Gary B. v. Ever-Lastings and 2 Legit 2 Quit). If the league is a keeper league, as is the case here, this Court will also consider a team’s likely performance in future seasons, especially with respect to the team currently ranked lower in the standings (See Unpublished Opinion No. 3704-T, Commissioner Paul Schultz v. Snakes & Blutos).

This Court recognizes that team owners may have different strategies in terms of short-term and long-term goals; and that while one team may try to maximize its chances of winning prize money this year, another team may play for the future (See Unpublished Opinion No. 3731-T, Commissioner v. Muleskinners & Southsiders; see also Unpublished Opinion No. 3797, Commissioner v. Foo Dogs & Maulers).

The Proposed Trade

PiNsTrIpErS proposes to trade:

· Andrew McCutchen (OF Pittsburgh Pirates, .293, 57 R, 8 HR, 32 RBI, 21 SB)

· Jonathon Niese (P, New York Mets, 7 W, 84 K, 3.43 ERA, 1.37 WHIP)

· Brett Anderson (P, Oakland Athletics, 2 W, 22 K, 2.35 ERA, 1.04 WHIP, activated from DL for July 30 game)

The Sons of Pitches Propose to trade:

· Michael Cuddyer (OF-1B, Minnesota Twins, .278, 62 R, 10 HR, 48 RBI, 2 SB)

· Tommy Hanson (P, Atlanta Braves, 8 W, 122 K, 3.99 ERA, 1.35 WHIP).

The Analysis

Four of the five players in this fantasy trade dispute are age 23 or younger, so the key to this trade is primarily about potential, and there is a lot of uncertainty on both sides.

The PiNsTrIpErS are currently in second place, and have acquired the trade’s lone veteran, Michael Cuddyer. With Cuddyer, who is batting in the middle of the order for Minnesota, the PiNsTrIpErS could be expected to improve in HR (a bit) and RBI (more than a bit). In addition, with Hanson, the PiNsTrIpErs look to enjoy an upgrade in wins and strikeouts.

The Sons of Pitches, sitting in eighth place and without the benefit of three clear keepers for next season, get at least one potential keeper for their roster in McCutchen. McCutchen has dealt with shoulder issues this month, but can boost almost any team’s stolen bases and batting average. The Sons of Pitches do lose HR potential, but they are already at the bottom of the league in those categories – with 124 HR, trailing the next-lowest team by 19 (15.3 percent).

In pitching, the ceiling is high on Niese – 6-2 with a 2.58 ERA and 1.10 WHIP since coming back from the DL on June 5 – and Anderson, a projected ace who plays in a pitching-friendly stadium for a team that is on the upswing. One, if not both, a these pitchers could prove important to the PiNsTrIpErS run at “a money finish” down the stretch.

Holding

The Court approves the trade of PiNsTrIpErS players Andrew McCutchen (OF Pittsburgh Pirates), Jonathon Niese (P, New York Mets) and Brett Anderson (P, Oakland Athletics) to The Sons of Pitches players Michael Cuddyer (OF-1B, Minnesota Twins) and Tommy Hanson (P, Atlanta Braves).

Article on Baseball Collusion Makes SSRN Top 10 List

2010-07-27T15:42:00.003-04:00

Exciting news: My article on the history of collusion in Major League Baseball was recently ranked No. 10 by the Social Science Research Network ("SSRN") in its list of Top 10 papers about collective bargaining.

Fantasy Baseball Dispute 8167-T: SportsJudge.com Approves Trade of A. Gonzalez for McCann & Broxton

2010-07-27T11:23:00.007-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8167-T Date: July 27, 2010 League Type: Rotisserie, 5x5 Dispute: TRADE REVIEW Judge: BRIAN DOYLE TRADE BETWEEN EVIL EMPIRE & MCNACK IS ACCEPTED
COMMISSIONER OF EP RULES BASEBALL KEEPER LEAGUE Petitioner, - against - EVIL EMPIRE & MCNACK Respondent	: : : : : : : : : :
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	X

Issue

The Commissioner of the EP Rules Baseball Keeper League brings this claim in the Court of Fantasy Baseball Disputes to determine a fantasy baseball dispute involving the proposed trade of Evil Empire players Brian McCann (C, Atlanta Braves), Jonathan Broxton (RP, Los Angeles Dodgers) and Josh Willingham (OF, Washington Nationals) to McNack for players Adrian Gonzalez (1B, San Diego Padres), Chase Headley (3B/OF, San Diego Padres) and Yadier Molina (C, St. Louis Cardinals). This court accepts the proposed trade.

The Law on Upholding a Trade

In the SportsJudge.com Court of Fantasy Baseball Disputes, the general rule, absent contrary language in a league constitution, is that any trade shall be upheld as long as the trade adequately benefits both teams. (See Public Opinion No. 101, Big Red Rockers v. Big City Bombers). A fantasy baseball trade adequately benefits both teams if it allows both teams a reasonable chance to move up in the standings. (See Unpublished Opinion No. 468-T, Commissioner Gary B. v. Ever-Lastings & 2 Legit 2 Quit).

Where the fantasy trade dispute involves a keeper league, this court will also consider a team’s likely performance in future years, especially with respect to the team currently ranked lower in the standings (See Unpublished Opinion No. 3704-T, Commissioner Paul Schultz v. Snakes & Blutos). However, when a club in a keeper league makes a trade based on the perceived future benefit of a player, that future benefit must be concrete, substantial, and imminent, in light of the players traded. (See Public Opinion No. 8165-T, Commissioner EP Rules v. Yoons Goons & McNack).

The Proposed Trade

The proposed trade has Evil Empire sending Brian McCann (.274, 13 HR, 51 RBI, 43 R, 3 SB) Jonathan Broxton (3.00 ERA, 1.24 WHIP, 19 SV, 57 K, 3 W) and Josh Willingham (.273, 15 HR, 50 RBI, 50 R, 7 SB) to McNack for Adrian Gonzalez (295, 21 HR, 64 RBI, 57 R, 0 SB), Chase Headley (.269, 7 HR, 34 RBI, 55 R, 13 SB) and Yadier Molina (.236, 4 HR, 38 RBI, 21 R, 6 SB).

The Analysis

In the SportsJudge.com Court's fantasy judgment, this trade reasonably benefits both teams as McNack is very likely to move up in the 2010 standings, while Evil Empire may move up in the standings and has acquired a player with some keeper value in Adrian Gonzalez.

Currently, the standings indicate that McNack is in the bottom half of the league in stolen bases, runs, home runs and saves. With the addition of Jonathan Broxton, McNack is almost certain to gain at least two important points in saves. In addition, by adding McCann and Willingham (and perhaps more importantly losing the light-hitting Molina), McNack is likely to gain some important points in batting average.

Evil Empire likewise has the potential to move up in the standings, by improving in runs (within 10 runs of two teams) and home runs (within 11 home runs of three teams). Chase Headley and Adrian Gonzalez both provide a drastic increase in runs scored while equaling the home run output given up in the trade.

In addition, the acquisition of Gonzalez gives Evil Empire a potential third keeper, or trade bait for another team. While Evil Empire already has Joey Votto, Roy Halladay, and Carl Crawford as its likely keepers for 2010, Gonzalez serves as a legitimate alternative to any of the three, and could pave the way for a future trade. With only a year and a half left on his contract, there is an even greater potential for a future payoff if Gonzalez is traded to a hitter-friendly ballpark. Any such trade, while highly speculative, would surely increase his already impressive numbers he has accumulated in a pitcher-friendly home stadium.

Finally, the SportsJudge.com Court of Fantasy Baseball Disputes notes with respect to this fantasy baseball dispute that while it can be argued that McCann is also potential keeper for some team, the Court finds this argument implausible, given the emergence of young catchers such as Posey and Carlos Santana as the new elite at that position.

Holding

Based on the foregoing, this court accepts the proposed trade of Evil Empire players Brian McCann (C, Atlanta Braves), Jonathan Broxton (RP, Los Angeles Dodgers) and Josh Willingham (OF, Washington Nationals) to McNack for players Adrian Gonzalez (1B, San Diego Padres), Chase Headley (3B/OF, San Diego Padres) and Yadier Molina (C, St. Louis Cardinals). This court accepts the proposed trade.

Fantasy Baseball Dispute 8166-T: SportsJudge.com Rejects Trade of Pierre (yr 1 of 3, $25) for Porcello (yr. 2 of 3, $7)

2010-07-26T09:19:00.009-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8166 – T Date: July 25, 2010 League Type: 12-TEAM 4X4 Dispute: FANTASY TRADE DISPUTE Judge: Matthew Cohen TRADE BETWEEN CLINTON DIPLOMATS & DOME DOGS IS REJECTED.
BEER BATTER LEAGUE Petitioner, - against - CLINTON DIPLOMATS & DOME DOGS Respondent	: : : : : : : : : :
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The Commissioner of the Beer Batter League brings this claim in the COURT OF FANTASY BASEBALL to resolve a fantasy baseball dispute involving the proposed trade of Clinton Diplomats players Juan Pierre (OF, Chicago White Sox – 1^st year of Contract at $25) and Brian Sweeney (RP, Seattle Mariners – 1^st year of Contract at $1) to the Dome Dogs for players Rick Porcello (SP, Detroit Tigers – 2^nd year of Contract at $7) and DeWayne Wise (OF, Toronto Blue Jays – 1^st year of Contract at $1). This Court rejects the proposed trade.

The Law on Upholding a Trade

If the league is a keeper league, as is the case here, the Court will also consider in evaluating the fantasy trade dispute a team’s likely performance in future years, especially with respect to the team currently ranked lower in the standings (See Unpublished Opinion No. 3704-T, Commissioner Paul S. v. Snakes & Blutos). This Court recognizes that fantasy team owners may have different strategies in terms of short-term and long-term goals; and that while one fantasy team may try to maximize its chances of winning prize money this year, another team may play for the future (See Unpublished Opinion No. 3731-T, Commissioner v. Muleskinners & Southsiders). As such any trade brought by the Beer Batter League will be approved as long as it reasonably benefits both teams either for the present season or for the future. (See Unpublished Opinion No. 3797-T, Beer Batter League v. Foo Dogs & Maulers).

The Proposed Trade

The disputed fantasy baseball trade is a 2-for-2 trade:

Clinton Diplomats proposes to send to Dome Dogs (current 2010 statistics in parentheses):

· Juan Pierre (.250 Avg., 0 HR, 18 RBI, 35 SB )

· Brian Sweeney (1 Win, 0 Saves, 4.02 ERA, 1.09 WHIP)

Dome Dogs proposes to send to Clinton Diplomats:

· Rick Porcello (4 Wins, 0 Saves, 5.55 ERA, 1.59 WHIP)

· DeWayne Wise (.262 Avg., 2 HR, 9 RBI, 2 SB)

The Analysis

According to the Beer Batter League Constitution, any player with a salary of $25 or more is considered an “asterisk” player. By its nature the asterisk players are the most valuable in the league. When there is not another asterisk player on the other end of the deal, the value of one of the players on the other end must at least have the potential to earn the value of an asterisk player during the remainder of their current contract. If this does not occur, then the two players involved must at least have the potential of equaling the stats of the asterisk player.

In reviewing this trade, the Court will start with the two lesser players involved, Brian Sweeney and DeWayne Wise. Sweeney is a marginal player at best, while DeWayne Wise is nothing special. Even President Obama, a White Sox fan, could not remember DeWayne Wise’s name. In an AL-Only league, as is the case here, Wise does have some value as a bottom level OF, however, it is not enough value to help the Dome Dogs equal the value of an asterisk player when combined with another player.

With that understanding, the Court must look at the present and future values of Juan Pierre and Rick Porcello in evaluating the fantasy trade dispute. If each team can reasonably benefit from the fantasy trade either for the remainder of 2010 or in the future, then the trade can be accepted. For this season, there is no question that Pierre is of much greater value then Porcello. Pierre is a stolen base machine, while Porcello is marginal at best in all four pitching categories.

As such, in order to decide this trade the question becomes whether the Clinton Diplomats can reasonably improve their team in the future with Porcello. (See Unpublished Opinion No. 3731-T, Commissioner v. Muleskinners & Southsiders). Last month, this Court accepted a trade involving Porcello ruling that his performance last year was enough to give the benefit of the doubt that this season has simply been a sophomore slump, and that he could provide good value next year for only $7. (See Public Opinion No.8007-T, Beer Batter League v. Mark’s Maulers & Dome Dogs).

While that is true, it is not enough projected value to equal the value of Pierre next season. Pierre gives any team that owns him one of the top if not the top base stealers in the AL. There is no sign that this will change in either 2011 or 2012. While Porcello has immense talent and is one of the best pitching prospects in baseball, he does not project to be a league leader in any category during the life of his current contract, nor does he project to produce asterisk level statistics during the 2011 season. As such, this trade does not reasonably benefit both teams either in 2010 or in the future. Because of this fact that it will not benefit both teams, the trade must be rejected.

Holding

Based on the foregoing, this court rejects the proposed trade of Clinton Diplomats players Juan Pierre (OF, Chicago White Sox – 1^st year of Contract at $25) and Brian Sweeney (RP, Seattle Mariners – 1^st year of Contract at $1) to the Dome Dogs for players Rick Porcello (SP, Detroit Tigers – 2^nd year of Contract at $7) and DeWayne Wise (OF, Toronto Blue Jays – 1^st year of Contract at $1).

Hall of Fame Inductee Andre Dawson Important in Fight Against Baseball Collusion

2010-07-23T16:17:00.003-04:00

This Sunday, power-hitting outfielder Andre Dawson will earn his induction into the Major League Baseball Hall of Fame. To many, Dawson is best known for his 438 career home runs, 314 stolen bases, and 1987 MVP Award.

However, from a sports law perspective, Dawson is also important for having signed a blank contract with the Chicago Cubs during the 1986-87 off-season--an act that helped to expose Major League Baseball's collusive practices during that era.

According to labor arbitrator George Nicolau's 1988 arbitration ruling, he notes that Dawson was so willing to leave the Expos during the collusion era that he called a unilateral press conference to announce he would sign a blank contract to play for the Cubs. Embarrassed by these events, Cubs management then offered the all-star outfielder a contract for $500,000—almost half of his previous season’s salary.

After accepting this 50% pay cut, Dawson won the 1987 National League MVP for the last-place Cubs--becoming the first play in baseball history to win that award for a last place team.

(Cross-posted on Sports Law Blog)

Fantasy Baseball Dispute 8165-T: SportsJudge.com Rejects Trade of Longoria for Howard & Sabathia

2010-07-21T15:39:00.010-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8165-T Date Issued: July 17, 2010 Date Rendered: July 21, 2010 League Type: Rotisserie, 5x5 Dispute: TRADE REVIEW Judge: Marc Edelman TRADE BETWEEN YOONS GOONS AND MCNACK IS REJECTED
COMMISSIONER OF EP RULES BASEBALL KEEPER LEAGUE Petitioner, - against - YOONS GOONS & MCNACK Respondent	: : : : : : : : : :
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Syllabus:

The SportsJudge.com Court of Fantasy Baseball has long held under its default rules that a trade shall be upheld as long as it reasonably benefits both teams. In this vein, the court has held that, in a keeper league, a team’s likely performance in future years may be considered, and that, in a keeper league, club owners at their discretion may choose to play for the future rather than the present.

This case, however, tests the limits of how far this court may delve into the future when seeking to determine the benefit of a deal involving a non-dollar keeper league. The court ultimately rejects the notion that a team out of playoff contention in a non-dollar keeper league could incur a good-faith benefit by trading a healthy 31-year old player plus an additional "top 40" player for a healthy 25-year old player of equal statistical value.

While the court recognizes that under its default rules that age may constitute a factor in assessing the future benefit of a deal, the court concludes that age may not serve as the exclusive factor, especially where the team trading the older star also trades another player of substantial value. The court further explains that when a club makes a trade based on perceived future benefit, that future benefit has to be concrete, substantial and imminent, in light of the players traded.

Thus, the court rejects the proposed trade of Evan Longoria, Carlos Lee and Mark Buehrle for Ryan Howard, Aramis Ramirez and C.C. Sabathia.

Issue

The Commissioner of the EP Rules Baseball Keeper League brings this claim in the Court of Fantasy Baseball to determine the status of the proposed trade of Evan Longoria (3B, Tampa Bay), Carlos Lee (OF, Houston) and Mark Buehrle (P, Chicago White Sox) from Yoons Goons to McNack for Ryan Howard (1B, Philadelphia), Aramis Ramirez (3B, Chicago Cubs) and C.C. Sabathia (P, New York Yankees).

The Law on Upholding a Trade

In this court, it is the general rule that any fantasy baseball trade shall be upheld as long as it adequately benefits both teams. (See Public Opinion No. 101, Big Red Rockers v. Big City Bombers). A trade reasonably benefits both teams if it allows both teams a reasonable chance of moving up in the standings. (See Unpublished Opinion No. 468-T, Commissioner Gary B. v. Ever-Lastings and 2 Legit 2 Quit). In addition, where a league is a keeper league, a trade may reasonable benefit both teams if it is likely to improve the performance of a team in future years, especially with respect to a team that is currently ranked lower in the standings (See Unpublished Opinion No. 3704-T, Commissioner Paul Schultz v. Snakes & Blutos).

The Proposed Trade

The two lead players in this trade, Evan Longoria (2010: .302, 60 runs, 13 HR, 63 RBI, 14 SB) and Ryan Howard (2010: .299, 60 runs, 21 HR, 74 RBI, 0 SB), need no introduction. Both are among the best fantasy players at their position, as well as in the game overall. Their current values are nearly identical, with Howard providing more raw power and Longoria stealing more bases. In most leagues, it is a toss-up as to which player should be drafted first. Howard has a better track record, but Longoria is six years younger. Howard’s physical shape concerns some owners, but Longoria has more of experience on the DL with injuries. Howard plays in a better hitting ballpark, but Longoria enjoys the advantage of playing in the American League where he can occasionally serve as the DH.

	Yahoo Rank Actual 2010	Yahoo Rank Actual 2009	Yahoo Rank Actual 2008	Yahoo Rank Projected for 2010
Ryan Howard	15	7	20	9
Evan Longoria	16	31	112	7

By contrast, the other players in the trade are nowhere close to equal. While not a keeper in the EP Rules league last season, C.C. Sabathia (2010: 12 wins, 3.13 ERA, 1.17 WHIP, 110K) remains one of the better starting pitchers in baseball and certainly deserves mention in the same breadth as two of two starting pitchers that were keepers—Felix Hernandez and Johan Santana. While Sabathia would likely not be a keeper on either Yoons Goons or McNack, he is about as good of a player that does not fall within a team’s top three. In addition, Aramis Ramirez (2010: .226, 37 runs, 15 HR, 47 RBI, 0 SB), despite his awful first half while playing with a thumb injury, is one of the better non-keeper third baseman in the league. Even despite his horrid start to the season, some reasonable fantasy owners may currently prefer Ramirez to Mark Reynolds and Pablo Sandoval—both third-baseman keepers this season in the EP League.

By contrast, Mark Buehrle (2010: 8 wins, 4.14 E.R.A., 1.41 WHIP, 54 K) and Carlos Lee ( 2010: .240, 17 runs, 12 HR, 48 RBI, 1 SB) are generally perceived to be players of far less value—both statistically and in terms of future impressions. Mark Buerhle is a far worse fantasy pitcher than he is in real life given that he gives up many hits and strikes out few batters. Meanwhile, Carlos Lee’s numbers, while possibly impressive at other positions, are far less remarkable for an outfielder.

	Yahoo Rank Actual 2010	Yahoo Rank Actual 2009	Yahoo Rank Actual 2008	Yahoo Rank Projected for 2010
C.C. Sabathia	37	36	6	40
Mark Buehrle	408	181	181	211

	Yahoo Rank Actual 2010	Yahoo Rank Actual 2009	Yahoo Rank Actual 2008	Yahoo Rank Projected for 2010
Aramis Ramirez	295	249	47	48
Carlos Lee	310	80	63	65

Analysis

Upon first glance, this seems to be a deal of A-Ram and Carlos Lee for Sabathia and Buehrle—a trade that would never pass muster—disguised by the inclusion of two equal superstars that cancel each other out.

However, McNack, quite articulately, contends that the court is not seeing the full picture. According to McNack, this trade is actually to his long-term advantage because, among the star players in the deal, Longoria (born October 7, 1985) is six years longer than Howard (born October 19, 1979 ) and thus will serve as his star keeper for many years after Howard passes his prime.

While this court has looked at hundreds of cases involving the present for the future, it has never before needed to address an argument where the future is so far away. Indeed, even if you accept the McNack argument as true, Howard is healthy and just 31. Thus, is likely would not be for another 4-5 years until his numbers begin to decline.

Not many fantasy leagues make it 4-5 years, much less beyond. While the EP Rules League is impressively in year 10, our history has found that even many of the strongest fantasy leagues destabilize over that period of time. Thus, in allowing this trade, there is a real risk that McNack, Yoons Goons and others will be gone from the league far before the future value of this deal is felt.

Moreover, even if the EP Rules league does last another decade, if the court were willing under its default rules to give substantial weight to ephemeral possibilities, the court would still have to draw the line somewhere. Otherwise, one could argue that the trade of C.C. Sabathia for Bryce Harper reasonably benefits both teams. We presume that most leagues that come to SportsJudge.com and ask us to apply our default rules would not be pleased with such a result.

Thus, this case truly tests the limits of how far this court may delver into the future when seeking to determine the benefit of a deal involving a non-dollar keeper league, especially given our belief that McNack was genuinely interested in approving his team for the long haul. In addressing this issue, while we acknowledge that under our default rules age may constitute a factor in assessing the future benefit of a deal, the court concludes that age may not serve as the exclusive factor. That is especially true here, given the high level of players traded by McNack, and that currently, there are no signs that Ryan Howard’s skills are declining.

The court further finds that when a club makes a trade based on perceived future benefit, that future benefit has to be concrete, substantial and imminent, in light of the players traded. To the extent Evan Longoria actually is a better keeper than Ryan Howard, that conclusion is not clear based on past statistics nor indicative in any significant way, at least for the next several years. Thus, the court concludes there is insufficient benefit for McNack in the deal and thus rejects it.

As a final point of note, this conclusion is reached solely under our default rules. Should the EP Rules wish to allow fantasy owners to consider the very long-term future of their clubs, the league needs to change their league constitution to express as much.

Conclusion

Applying the SportsJudge.com Court of Fantasy Baseball default rules, the proposed trade of Evan Longoria, Carlos Lee and Mark Buehrle (P, Chicago White Sox) for Ryan Howard, Aramis Ramirez and C.C. Sabathia (P, New York Yankees) fails for not adequately benefiting both teams.

Groundbreaking Fantasy Baseball Ruling: Court Clarifies Standard for Reviewing Trades in Non-Dollar Keeper Leagues

2010-07-19T14:30:00.007-04:00

Moments ago, the SportsJudge.com Court of Fantasy Baseball rejected in a three-player keeper league the proposed trade of Evan Longoria, Carlos Lee and Mark Buehrle for Ryan Howard, Aramis Ramirez and C.C. Sabathia, ruling that this trade "does not reasonably benefit both teams." While the Court has long held that a team may choose to play for the future rather than the present, the Court today notes that "the future benefit of any trade has to be concrete, substantial, and imminent, in light of the players traded."

Today's ruling marks an important step for the SportsJudge.com court in defining the limits of present-for-future trades in keeper leagues. A full copy of this ruling (Index No. 8165) will be available later this week.

Fantasy Baseball Dispute No. 8164-T: SportsJudge.com Approves Trade of M. Teixeira & I. Kennedy for F. Hernandez & D. Ortiz

2010-07-18T22:00:00.005-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL –

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8164-T Date: July 18, 2010 League Type: Rotisserie, 5x5 Dispute: TRADE REVIEW Judge: Matthew Cohen TRADE BETWEEN PINSTRIPERS & HAPPYSCRAPPYHEROPUP IS ACCEPTED
COMMISSIONER OF EP RULES BASEBALL KEEPER LEAGUE Petitioner, - against - PINSTRIPERS & HAPPYSCRAPPYHEROPUP Respondent	: : : : : : : : : :
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The Commissioner of the EP Rules Baseball Keeper League brings this claim in the COURT OF FANTASY BASEBALL, to determine the status of a proposed trade of PiNsTrIpErS players Mark Teixeira (1B, New York Yankees) and Ian Kennedy (SP, Arizona Diamondbacks) to the HappyScrappyHeroPup for players Felix Hernandez (SP, Seattle Mariners) and David Ortiz (DH, Boston Red Sox). This court accepts the proposed trade.

The Law on Upholding a Trade

In this court, it is the general rule that any fantasy baseball trade shall be upheld as long as the trade adequately benefits both teams. (See Public Opinion No. 101, Big Red Rockers v. Big City Bombers). A trade reasonably benefits both teams if it allows both teams a reasonable chance of moving up in the standings. (See Unpublished Opinion No. 468-T, Commissioner Benik. v. Ever-Lastings and 2 Legit 2 Quit). However, where a league constitution provides alternative criteria for reviewing a trade, the alternative criteria may supersede the general rule. (See Public Opinion No. 409-T, Commissioner P.K. v. Cartman). As the League Constitution at issue has no restrictions on trade reviews, the holding of Big Red Rockers will be used and this trade will be accepted if it adequately benefits both teams.

The Proposed Trade

The proposed trade is a 2-for-2 trade:

PiNsTrIpErS proposes to send to HappyScrappyHeroPup (2010 statistics in parentheses):

· Mark Teixeira (.253 Avg., 64 Runs, 18 Home Runs, 61 RBI, 0 SB)

· Ian Kennedy (4 Wins, 4.12 ERA, 100 K’s, 1.25 WHIP, 0 Saves)

HappyScrappyHeroPup proposes to send to PiNsTrIpErS:

· Felix Hernandez (7 Wins, 2.90 ERA, 134 K’s, 1.16 WHIP, 0 Saves)

· David Ortiz (.260 Avg., 47 Runs, 18 Home Runs, 58 RBI, 0 SB)

The Analysis

As the trade includes a pitcher and offensive player going to each team, the Court will compare the players by their position. In looking at the pitching, there is no question that Felix Hernandez is better than Ian Kennedy. Felix Hernandez is currently 6^th in the AL in ERA, 2^nd in Strikeouts, and 9^th in the AL in WHIP. By comparison, Ian Kennedy is 36^TH in the NL in ERA, 16^th in the NL in Strikeouts, and 18^th in the NL in WHIP. Felix Hernandez also has three more wins than Ian Kennedy on the season. Kennedy has had a good season this year, especially in the Strikeout category, but does not project as a keeper for the 2011 Season, which is something that Felix Hernandez certainly does.

In looking at the offensive side of the trade, even on an off-season, Mark Teixeira has more fantasy value than David Ortiz. While both hitters have nearly identical batting averages, nearly identical RBI totals, and identical Home Run totals, Mark Teixeira currently is ranked 4^th in the AL in Runs scored, with 17 more Runs scored than David Ortiz who is currently 77^th in the AL in that category. Clearly the acquisition of Mark Teixeira is sure to add a lot of Runs to the PiNsTrIpErS, but it also adds increased Keeper value looking forward. David Ortiz is 4 years older than Mark Teixeira. While Mark Teixeira is still in the prime of his career, and an excellent option as a Keeper for future seasons, David Ortiz appears to be at the tail end of his career. This Court does not project David Ortiz to be a keeper looking forward to the 2011 Season.

Both teams in this trade will be gaining one Keeper. The PiNsTrIpErS will be improving their pitching for this year and beyond thanks to the high keeper value of Felix Hernandez and HappyScrappyHeroPup will be improving their offense for this year and beyond thanks to the high keeper value of Mark Teixeira. This Court views Felix Hernandez as having slightly more value than Mark Teixeira looking forward, but it is very close. As David Ortiz has a little more value than Ian Kennedy, this trade is as equal as can be. To further prove this point, the justices of SportsJudge.com could not even agree on which side of the trade they would rather have. During this Court’s discussion of the trade, I personally felt that the PiNsTrIpErS were getting the better end of the trade by getting Felix Hernandez and David Ortiz, while Chief Justice Marc Edelman thought that HappyScrappyHeroPup was getting the better end of the trade in Mark Teixeira and Ian Kennedy.

In this trade, one team sought to improve its pitching while the other sought to improve its offense. Because of the fact that players of equal value were involved, it is up to the teams to choose which area of the team they wish to improve and focus on. As this trade can reasonably improve both teams, it must be accepted.

Holding

Based on the foregoing, this court accepts the proposed trade from the PiNsTrIpErS of players Mark Teixeira (1B, New York Yankees), Ian Kennedy (SP, Arizona Diamondbacks) to the HappyScrappyHeroPup for players Felix Hernandez (SP, Seattle Mariners) and David Ortiz (DH, Boston Red Sox).

Fantasy Baseball Dispute No. 8163-T: SportsJudge.com Approves Trade of J. Shields (year. 1 of 3, $25) for W. Davis (year 2 of 3, $6)

2010-07-15T23:04:00.009-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8163-T Date Rendered: July 13, 2010 Date Issued: July 15, 2010 League Type: ROTISSERIE Dispute: TRADE REVIEW Authoring Judge: ED STUART SHIFFMAN TRADE BETWEEN STUMPS & MAULERS IS APPROVED.
COMMISSIONER OF BEER BATTER LEAGUE Petitioner, - against - STUMPS & MAULERS Respondent	: : : : : : : : : :
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The Commissioner of the Beer Batter Leagues brings this claim in the COURT OF FANTASY BASEBALL to determine the status of a proposed trade between the Stumps and Mark’s Maulers. The trade proposes that the STUMPS send P James Shields, (year 1 of 3, $25 salary), to the MARK’S MAULERS in exchange for P Wade Davis (year 2 of 3, $6 salary).

This court accepts the proposed trade.

The Law on Upholding a Trade

In addition to the general rules applicable to fantasy baseball trades, the BEER BATTER LEAGUE constitution has specific rules regarding trades involving certain classifications of players. In pertinent provisions of the Official Rulebook of the Beer Batter League adopted in March 2010, player trades are governed by the following rules:

SECTION 5. PLAYER TRADES

Subdivision A. In-Season Player Trades

(1) Trades Allowed. BBL teams may exchange players in equal numbers during the regular season, subject to the provisions of this Subdivision.

(2) Asterisk Player Defined. An “asterisk player” is a player currently in the final year of his contract or a player with a salary of $25 or more.

(3) Regulations. The use of an independent arbiter shall be used to approve or veto player trades, subject to the following regulations:

(a) If a trade does not involve any asterisk players, then no independent arbiter approval is necessary. All such trades shall be allowed.

(b) If a trade does involve asterisk players, no independent arbiter approval is necessary if the BBL teams involved in the trade exchange an equal number of asterisk players and the total salary exchanged is 73.0% or greater. All such trades shall be allowed. “Total salary exchanged” is measured by taking the respective sums of annual player salary to be exchanged by each team involved in the trade and dividing the lesser total salary package by the greater total salary package. The 73.0% salary threshold is a literal requirement and not subject to approximation.

(c) If a trade does involve asterisk players but fails to satisfy either the asterisk player equality requirement or total salary exchanged requirement of Subdivision A(2), then independent arbiter approval is necessary.

(4) Independent Arbiter. Prior to every BBL season, the identity of an independent arbiter to be used for trade approval and veto under Subdivision A(3) of this Section shall be agreed upon by majority vote of the league ownership. The independent arbiter shall not be replaced until the conclusion of the season, unless circumstances prevent the independent arbiter from performing said services. Parties to any BBL trade that is subject to independent arbiter approval shall jointly and severally be responsible for any fees or costs associated with the use of the independent arbiter. Parties to any BBL trade subject to independent arbiter approval shall comply with any procedural requirements of the independent arbiter that are necessary to obtain a decision. In every case, however, said parties shall provide to the independent arbiter a written copy of this Section in its entirety.

(5) Responsibility of Independent Arbiter. Any decision of an independent arbiter under this Subdivision must take into consideration the long-term and short-term best interests of the BBL teams involved in the player trade, while also respecting the best interests of the league and the integrity of a fair and uncorrupt pennant race. In all cases, the independent arbiter shall balance the rights of individual BBL owners to operate their teams in their own discretion with the rights of the league ownership as a whole to fully and fairly participate in healthy competition with one another.

Because James Shield is an “asterisk” player, approval of independent arbiter is required.

The proposed Trade along with Current Statistics

As of July 14, 2010

STUMPS

James Shields 7 W 0 SV 4.87 ERA 1.367 WHIP

MARK’S MAULERS

Wade Davis 6 W 0 SV 4.69 ERA 1.404 WHIP

The Stumps are presently 10^th in the twelve team league, while Mark’s Maulers are 6^th but second in their division. They retain a possibility of either winning their division or achieving a top four finish and winning prize money for the season. The trade resembles a classic baseball trade where a team no longer in contention begins the process of trading higher salary players for youthful potential. Under these circumstances it cannot be said that the integrity of a fair and uncorrupt pennant race has been negatively impacted by this trade. The trade appears to have value for both teams and therefore under the general law of fantasy baseball trades and the specific provisions of the Beer Batter League should be accepted.

Holding

Based on the foregoing, this court accepts the proposed trade of James Shields of the Stumps for Wade Davis of Mark’s Maulers.

Fantasy Baseball Dispute No. 8162-T: SportsJudge.com Approves Trade of Glaus & Verlander for Youkilis

2010-07-14T10:03:00.007-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8162-T Date Rendered: July 10, 2010 Date Issued: July 14, 2010 League Type: ROTISSERIE Dispute: TRADE REVIEW Authoring Judge: ED GEFEN TRADE BETWEEN SACS & STOPES IS APPROVED.
COMMISSIONER PHIL P. Petitioner, - against - SACS & STOPES Respondent	: : : : : : : : : :
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The league commissioner brings this claim in the COURT OF FANTASY BASEBALL to determine the status of a proposed trade of TROY GLAUS AND JUSTIN VERLANDER from the Sacs to the Stopes IN EXCHANGE FOR KEVIN YOUKILIS.

This court ACCEPTS the proposed trade.

The Law on Upholding a Trade

The Proposed Trade

Sac Grabbbers (currently in first place) proposes to send Troy Glaus and Justin Verlander to the Stopes (currently in last place) in exchange for Kevin Youkilis.

The Analysis

While this court has some hesitation to allow trades in non-keeper leagues involving teams in last place, an in-depth look at the current statistics of the players involved and the teams’ relative positions in the standings shows that this trade will meet the criteria of allowing both teams to have a reasonable chance of moving up.

A straight comparison of Kevin Youkilis (84 H, 286 AB, 67 R, 18 HR, 57 RBI, 2 SB, .294 AVG.) to Troy Glaus (74 H, 288 AB, 42 R, 14 HR, 57 RBI, 0 SB, .257 AVG.) indicates that by adding Youkilis the SACS team could reasonably expect to move up in AVG with potential to improve in HR and RBI.

Meanwhile, Justin Verlander (115.1 IP, 11 W, 0 SV, 110 K, 3.82 ERA, 1.19 WHIP) appears to offer significant help to the Stopes team in the categories of WHIP (second-best among his new team’s starters), Ks (third on his new team) and W (tops on his new team).

The petitioner claims that the trade is unfair because the first-place team gets a “much better player,” citing Yahoo rankings of Youkilis (18), Glaus (135) and Verlander (74). However, this argument overlooks the fact that Verlander has been one of the most effective starting pitchers in fantasy baseball over the past several seasons, and is on pace to finish among Major League Baseball’s leaders in wins and strikeouts. Verlander is certainly not some deal throw-in. He is among starting pitchers a near equal to what Youkilis is among corner infielders.

The petitioner also claims that the owners of the teams involved “have done similar type deals in the past years, which SACS always talked him into.” The petitioner, however, had no specific examples.

Holding

This court ACCEPTS the proposed trade.

Fantasy Baseball Dispute No. 8161-T: SportsJudge.com Approves Trade of Johnny Damon ($21) for Mitch Talbot ($1) (Keeper League)

2010-07-12T10:05:00.013-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL –

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8161-T Date Rendered: July 9, 2010 Date Issued: July 11, 2010 League Type: Rotisserie Dispute: TRADE REVIEW Authoring Judge: Jason Coleman TRADE BETWEEN TERMINATORS & DOME DOGS IS ACCEPTED.
Commissioner Of Beer Batter League Petitioner, - against - DOME DOGS & TERMINATORS Respondent	: : : : : : : : : :
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The Beer Batter League brings this claim in the COURT OF FANTASY BASEBALL to determine the status of a proposed trade between the DOME DOGS and TERMINATORS. The Dome Dogs would send Johnny Damon ($21 salary/last year of 3 year contract) and Kyle Farnsworth ($1 salary/1st year of 3 year contract) to the Terminators for Mitch Talbot ($1 salary/1st year of 3 year contract) and David Murphy ($1 salary/1st year of 3 year contract).

This court ACCEPTS the proposed trade.

The Law on Upholding a Trade

If the league is a keeper league, as is the case here, this Court will also consider a team’s likely performance in future seasons, especially with respect to the team currently ranked lower in the standings (See Unpublished Opinion No. 3704-T, Commissioner Paul Schultz v. Snakes & Blutos). This Court recognizes that team owners may have different strategies in terms of short-term and long-term goals; and that while one team may try to maximize its chances of winning prize money this year, another team may play for the future (See Unpublished Opinion No. 3731-T, Commissioner v. Muleskinners & Southsiders; see also Unpublished Opinion No. 3797, Commissioner v. Foo Dogs & Maulers).

The Proposed Trade

The proposed trade is a 2-for-2 trade:

The Dome Dogs propose to send to the Terminators (2010 statistics as of 7/7/10 in parentheses):

· Johnny Damon (.271 Avg., 5 HR, 24 RBI, 7 SB)

· Kyle Farnsworth (2 Wins, 0 Saves, 1.98 ERA, 1.073 WHIP)

The Terminators propose to send to the Dome Dogs (2010 statistics as of 7/7/10 in parentheses):

· David Murphy (.266 Avg., 3 HR, 24 RBI, 3 SB)

· Mitch Talbot (8 Wins, 0 Saves, 3.99 ERA, 1.385 WHIP)

The Analysis

Having deemed Terminators still to be in contention for prize money this season, the Court of Fantasy Baseball upholds this trade of Johnny Damon ($21 salary/last year of 3 year contract) and Kyle Farnsworth ($1 salary/1st year of 3 year contract) from the Dome Dogs to the Terminators for Mitch Talbot ($1 salary/1st year of 3 year contract) and David Murphy ($1 salary/1st year of 3 year contract). The court feels that while this trade ultimately may skew in Dome Dogs' favor, there is enough of a reasonable chance that the addition of Damon's offensive statistics will produce a net gain of points this season for the Terminators that the trade is upheld as "reasonably benefiting both teams."

The court, however, notes that this identical trade would have been rejected if Damon (a player in his final year of his contract) would have been sent to a club deemed "out of contention" for the same collection of players, as Damon’s contract becomes valueless at the end of this year.

As of July 7, the Dome Dogs were in second place, and the Terminators in fourth. The Dome Dogs lead the Snodgrass Division, while the Terminators are in third place in the Merkle Division. According to the league rules, if the season ended today, both would be in the money. Hence, the Terminators are considered “in contention.”

Focusing first on the pitching side, the Terminators are sacrificing wins for ERA and WHIP. Given that they were already 11^th in wins, the goal is acceptable. While Talbot promises to deliver more wins to the Dome Dogs, it comes at the cost of a higher ERA and WHIP, especially when one looks at projections for the rest of the season.

Regarding the hitters, based on track record and reputation, Damon obviously is the more valuable piece. This season, however, the only real difference between the two players is that Damon has approximately 100 more at-bats and is looking at regular playing time for the rest of the season. While Damon is likely to exceed his year-to-date numbers, the difference is not likely to be so great as to negate any advantage that the Dome Dogs will receive from the increased wins. Additionally, given the fragility of the Rangers’ DH/OF situation, Murphy should see plenty of at-bats. Murphy’s contract for the next two years also helps to close the gap between the two outfielders.

Holding

This court ACCEPTS the proposed trade.

Fantasy Baseball Dispute No. 8160-T: SportsJudge.com Rejects Trade of Albert Pujols for Mark Reynolds & Jason Bay

2010-07-10T15:36:00.014-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL –

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8160-T Date: July 9, 2010 League Type: NL-ONLY ROTO Dispute: TRADE REVIEW Judges: HON. MARC EDELMAN, HON. MATTHEW COHEN TRADE BETWEEN PHIRE & SHAZAM IS REJECTED.
COMMISSIONER PAUL K. Petitioner, - against - PHIRE & SHAZAM Respondents.	: : : : : : : : : :
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Commissioner Paul K. brings this claim in the COURT OF FANTASY BASEBALL to determine the status of a proposed trade of PHIRE players Jason Bay (OF, New York Mets), Chris C. Carter (LF, New York Mets), and Mark Reynolds (RP, Arizona Diamondbacks) to SHAZAM for players Alcides Escobar (SS, Milwaukee Brewers), Todd Frazier (OF, Cincinnati Reds), and Albert Pujols (1B, St. Louis Cardinals). This Court rejects the proposed trade.

The Law on Upholding a Trade

Where a league constitution provides alternative criteria for reviewing a trade, the alternative criteria may supersede the general rule. (See Public Opinion No. 409-T, Commissioner P.K. v. Cartman).

The league’s Constitution at issue in this case has perhaps the strictest trade restrictions that this Court has ever seen. According to the Constitution, “Only the current season’s value of the players may be considered in the equality of any trade. The future freeze value or contract value cannot be considered as an element in the fairness of a trade.” The Constitution also has the following restriction, “Only trades that are clearly equitable will be permitted. Trades that leave an impression of even marginally pushing the envelope shall be rejected.” As such, the ruling of Big Red Rockers v. Big City Bombers will not be used to decide this trade, and instead the trade will only be accepted if both sides of the trade are equal in value without taking into account future projections.

The Proposed Trade

The proposed trade is a 3-for-3 trade:

PHIRE proposes to send to Shazam (2010 statistics in parentheses):

· Jason Bay (.271 Avg., 46 Runs, 6 Home Runs, 44 RBI, 10 SB)

· Chris C. Carter (.239 Avg., 7 Runs, 2 Home Runs, 12 RBI, 0 SB)

· Mark Reynolds (.216 Avg., 48 Runs, 19 Home Runs, 55 RBI, 5 SB)

Shazam proposes to send to PHIRE:

· Alcides Escobar (.240 Avg., 34 Runs, 2 Home Runs, 24 RBI, 6 SB)

· Todd Frazier (.233 Avg., 35 Runs, 12 Home Runs, 36 RBI, 3 SB)

o (Stats are from AAA Louisville)

· Albert Pujols (.302 Avg., 51 Runs, 20 Home Runs, 61 RBI, 9 SB)

The Analysis

As previously stated, this trade will only be accepted if both sides of the trade are equal in value without taking into account future projections as per the league Constitution. Under this league standard, which is most hostile to trades, wherever one club trades a player who has consistently produced “first round pick” or “second round pick” quality stats, it imposes a hefty burden against the proposed trade.

Based on the performance of Pujols, Bay, and Reynolds over the course of their entire careers (as well as in 2010 specifically), only one of those players is not subject to potential replacement through free agents or mid-level players on other rosters, and that player is Albert Pujols. While Pujols exceeds at all five categories (even his stolen base totals are ahead of the average first baseman), both Mark Reynolds and Jason Bay have huge holes in their games that can drastically downgrade their value in ROTO leagues.

Some websites overvalued Mark Reynolds heading into 2010 based on his 2009 stats. However, his performance in 2010 thus far is far more in line with 2008 than 2010. He may match Pujols in HR and RBI, however, Reynolds’ exceedingly low batting average is a category killer in that particular statistic. Jason Bay is a solid player and is having a very average 2010 season in all categories, however, an average season does not make him equal to a superstar, and in fact, this court has long held that two mid-level players do not equal one superstar. Superstar players are harder to replace. While this court acknowledges that Reynolds is better than mid-level, it also acknowledges the league’s exceedingly strict view on trades, and he is not equal in value to Pujols.

With regards to the rest of the trade, Carter, Escobar, and Frazier all have marginal value and will not make any difference in this Court’s decision. The Court would however like to note that if future projections are not allowed to be taken into account, it will be very hard to accept any trade involving minor leaguers, like Frazier in this trade, unless if minor leaguers are involved in both sides of the deal. The reason for this is that if they have no major league experience and future projections are not allowed, than they have no statistical value that can be used when evaluating the trade.

Holding

Based on the foregoing, this court rejects the proposed trade from PHIRE of Jason Bay (LF, New York Mets), Chris C. Carter (LF, New York Mets), and Mark Reynolds (3B, Arizona Diamondbacks) to Shazam for Alcides Escobar (SS, Milwaukee Brewers), Todd Frazier (OF, Cincinnati Reds), and Albert Pujols (1B, St. Louis Cardinals).

Lebron James to Europe? NBA Labor Negotiators' Worst Nightmare

2010-07-08T13:10:00.004-04:00

At 9 P.M. tonight, Lebron James is making his big announcement about where he will play next season.

Cleveland? Chicago? Miami? New York? New Jersey?

What about Europe?

Lebron once told ESPN he might play overseas for $50 Million per year. And NBA players should hope that Lebron chooses Europe for reasons far more important than just their chances of winning an MVP Award.

As most basketball fans know, the NBA collective bargaining agreement (pdf) is set to expire on July 1, 2011. Thus far, the NBA club-owners have taken a hard line stance, demanding that players accept a reduction in the current salary cap. According to NBA club-owners, they are losing money due to the down economy.

Irrespective of whether NBA owners are actually losing money, their demands right now are credible. If there is no other practicable place for top NBA players to work, the NBA players union will have no choice but to either accept the NBA’s proposed terms, strike, or seek to decertify the union and file an antitrust suit against the league (all undesirable options — each for different reasons).

If Lebron James makes the bold decision to sign in Europe, however, everything could change. The NBA club-owners would likely abandon their proposal for a lower salary cap because capped NBA clubs would struggle to compete for top players against uncapped EuroLeague clubs. Indeed, the very moment Lebron James puts on a EuroLeague basketball uniform, the threat of other players following him overseas becomes more credible.

While the thought of a star player leaving the NBA to help fight against the salary cap is unusual, it is not unprecedented. Back in August 1989, player discontent with the NBA’s salary cap (one that disparately impacted new players) led two young NBA players, Brian Shaw and Danny Ferry, to sign contracts with the EuroLeague club Il Messaggero (now known as Virtus Roma). Shortly thereafter, Il Messaggero began to court other top NBA players including Rick Mahorn (successfully) and Patrick Ewing (unsuccessfully). As a result, the NBA clubs simply agreed to increase their salary cap.

Despite the current down economy, there are probably a few EuroLeague clubs that could attempt to get into the action for one of the world’s best basketball players. For example, the Greek team Olympiacos Piraeus—winners of the 2006-07 EuroLeague championship—are owned by billionaire Greek brothers Panagiotis Angelopoulos and Giorgos Angelopoulos. The team plays in an approximately 15,000-seat arena, has already signed former Atlanta Hawks forward Josh Childress to a three-year, $20 million contract, and is seemingly not affected by the Greek debt crisis.

The Angelopoulos brothers probably could afford to sign Lebron James to a 1-year, $50 million deal—especially if they then streamed their games on the Internet to a worldwide audience (something NBA clubs likely cannot do due to the league’s New Media and territorial broadcast policies).

Likewise, Greece might make an interesting one-year “home” for Lebron. Unlike NBA players, EuroLeague players only compete in one or two games per week. This would leave King James a lot of time for personal travel.

Of course, this all presumes that Lebron is really willing to leave his friends and family to go overseas–a move that is rare among American-born NBA players. Indeed, just 9-15% of current NBA players have competed professionally overseas, and many of these players only did so when faced with no NBA alternative.

However, on balance, maybe the thought of Lebron going to Europe is really not so farfetched. We’ll see tonight.
___________________________________________________________
Marc Edelman, Above the Law’s sports columnist, is an Assistant Professor at Barry University’s Dwayne O. Andreas School of Law. He is teaching this summer at Fordham Law School, Seton Hall Law School, and Rutgers School of Law-Camden. His full collection of law review articles is available here.

This article appeared first on Above the Law.

Fantasy Football Dispute No. 5105: Proposed Pick-Up of John Carney Disallowed

2010-06-28T08:47:00.005-04:00

SPORTSJUDGE.COM

COURT OF FANTASY FOOTBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 5105 Date: December 14, 2009 League Type: Fantasy Football Dispute: Injured Reserve Rules Authoring Judge: Marc Edelman Concurred By: Stuart Shiffman COMMISSIONER’S RULING UPHELD
DOUBLE Ds Petitioner, - against - COMMISSIONER NELSON Respondent	: : : : : : : : : :
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SUMMARY:

The plaintiff in this case, the Double D Fantasy Football Team (“Double Ds), has asked the SportsJudge.com Court of Fantasy Football to resolve the league’s fantasy football dispute and overrule Commissioner Nelson’s ruling that kicker John Carney is ineligible for injured reserve status pursuant to the league’s “OUT Rule.”

This court rejects the appeal, upholding Commissioner Nelson’s ruling that John Carney is ineligible for injured reserve.

The basis for the court’s ruling is that John Carney is not injured, but rather inactive due to what Carney’s real-life coach perceives as poor on-the-field performance. Demotion for poor on-the-field performance is not grounds for an injury replacement based on the clear reading of the league rule, nor was it necessarily one that the parties would have included within the scope of the rule had the issue been broached.

In addition, even if the rule is in some ways harsh, it was the rule to which the fantasy football league members had accepted, and a rule that teams had the opportunity to consider in setting their late season rosters (for example, The Take Down Fantasy Team carried two kickers for probably that reason). It is a rule that Double Ds should have considered more carefully when choosing not to select a backup kicker for the playoffs, even though each team is allotted a generous seven reserve slots.

FACTS:

A. The League Rules

Commissioner Ken Nelson has overseen his fantasy football league for the past 15 years. The league runs on a blind pickup system, in which each week teams submit bids for free-agent players. The teams that submit the highest bid gain rights to that player.

To prevent collusion risks, this league ends its regular free agent signing process after week 12, with rosters generally frozen at that point. However, the league maintains a limited exception to the free-agent freeze rule, which applies when a player on one of the teams’ rosters is injured and thus certain not to play. Under this rule, a team with an injured player may place that player on injured reserve (“IR”) and replace that player with another on that player’s same NFL team if that player is listed as “OUT” by ESPN, Sportsline, Huddle.com or Rotoworld.com. Thus, these four sources serve as the exclusive means of information about player status, and a listing of “OUT” is the only basis for initially moving a player to IR.

In addition, the rules for picking up an “emergency player” to replace an IR player after week 12 state as follows:

Your player must be listed as OUT as of each Thursday. THIS MEANS THAT IF YOUR PLAYER IS DOUBFUL ON THURSDAY THEN IS LISTED AS OUT ON FRIDAY - YOU'RE [OUT OF LUCK]

Further, once a player is placed on IR pursuant to these rules, the rules become somewhat more lenient on keeping the player on IR. According to the rules “[i]f a player’s status is moved from OUT to doubtful or inactive the next week - you can still keep them on IR - but if they PLAY - you will lose that player and get a ZERO for their position … YOU MUST EMAIL THE COMMISH ON THURSDAY OF THIS.”

B. The Fantasy Football League Dispute

The most recent dispute in this fantasy football league involves the issue of whether the Double Ds may replace kicker John Carney subsequent to week 12 in the season pursuant to the league “OUT” rule. What makes this proposal controversial is that John Carney was not in fact injured nor listed as “OUT” on any of the four approved websites. Rather, for each of the past two weeks Carney was designated as “inactive” 15 minutes before kickoff. This means Carney was one of the eight players on the Saints’ 53-player roster who was designated by his coach not to make the team’s starting lineup that week.

Upon reviewing this matter, Commissioner Nelson ruled that Carney was ineligible for replacement because “[a]lthough not explicitly stated in the rules, but certainly implied - IR moves and emergency pickups are set up for players Injured.” Commissioner Nelson went on to recognize that in his view this was “a fluke with regard to kickers” but not necessarily something leading to a need to change the league rules.

Thereafter, Double D’s put forth an extremely thoughtful and well-written brief, seeking to appeal on three separate grounds: (1) league rules are ambiguous on IR moves, internally inconsistent and unenforceable based on their spirit and intent; (2) the emergency pickup rule was intended to protect teams such as Double D from an “unforeseen event,” and (3) even under the literal interpretation of the rules, the IR move should be allowed because Carney was inactive for the prior week’s game.

HOLDING:

A. General Ruling

While recognizing the language in the league constitution is at times imperfect, this court upholds Commissioner Nelson’s ruling, agreeing that the plain meaning of the league rule limits the emergency pickup to a player who has been listed as “OUT” by one of the four approved websites. See Commissioner Mike D. v. Sweaty Baseballs, Index No. 3466-C (June 9, 2009); see also Hermann’s Head v. Commissioner of Yale Football League, Index No. 247 (Sept. 1, 2006) (noting that clear language in league constitution trumps all other considerations).

The rule does not even allow moving to IR a player who is listed as doubtful. Indeed, the league constitution states in no uncertain terms that “THIS MEANS THAT IF YOUR PLAYER IS DOUBFUL ON THURSDAY THEN IS LISTED AS OUT ON FRIDAY - YOU'RE [OUT OF LUCK]” (emphasis provided). Thus, it is clear the rule was contemplated to be both narrow and specific in scope, and hence should be applied as clearly written.

In addition, this court believes that even Commissioner Nelson gave too much importance to this matter by noting it as “a fluke with regard to kickers.” While John Carney may be the first discussed fantasy player demoted from starter to inactive for reasons other than health issues, this same problem could plague a team such as Beetle who is not carrying a backup quarterback to Aaron Rodgers, especially if a late-season Packers game proves meaningless in the season.

Recognizing the possibility of a healthy player being deemed inactive at any time, a properly prudent owner would have used his seven reserve slots to carry a backup at every position. Indeed, the team Take Down properly hedged for this risk at kicker by carrying two at that position. It would be unfair to a team like Take Down who properly hedged all positions at the risk of depth at wide receiver, running back or defense to now compensate a team that chose not to hedge.

B. Double Ds Defenses

While Double D’s defenses are each interesting and extraordinarily well presented, none overrides the clear language of the league rule, even where the language of the league rule is at times imperfect.

First, this court rejects the contention that the league rules are ambiguous on the issue of whether a non-injured player is eligible for IR status, and finds the issue of whether the rules are ambiguous in other areas entirely irrelevant for purposes of this dispute. While it may be true that official injury reports are not released until Friday thus making it a plausible argument that no player is ever eligible for IR status, this matter is particularly about the IR status of a non-injured player and not when official injury reports are released. The court will not get lost in that red herring analysis. Moreover, according to league rules, “OUT” status is determined by four chosen websites and night by the league’s official injury report per se. Thus, it is possible a website may deem a player “OUT” even if the official injury report has not yet done so.

Second, based on the clear reading of the league OUT rule, there is no reason to believe the rule was intended to cover any type of unforeseeable event. Rather, the rule seems intended only to cover a single type of unforeseeable event—an injury that occurs prior to Friday. While this may not seem logical to Double Ds, there is certainly an argument that demotion for poor play is more foreseeable than an injury. Indeed, with respect to Carney, various websites including Rotowire had been warning for weeks that would potentially lose his starting job due to inconsistent kicking. Thus, one could make a stronger argument that Double Ds should have hedged Carney by signing a backup kicker than that a team should have hedged a player who was performing well but injured during a game.

Finally, Double Ds argues that even under the literal interpretation of the rules, the IR move should be allowed because Carney was inactive for the prior week’s game. While this court finds this reason to be the most compelling grounds of the three, the problem with this reasoning is that the rules, as written, do not allow a player that was inactive in a given week to be placed on IR for the following week. Rather the rules only mention the term “inactive” in one place, where they state as follows:

If a player's status is moved from OUT to doubtful or inactive the next week - you can still keep them on IR - but if they PLAY - you will lose that player and get a ZERO for their position

In this context, the court believes inactive status is relevant only for “keep[ing]” a player on IR that is already on IR, and not placing the player on IR in the first place. However, if Double Ds is able to present evidence that the court in the past has allowed inactive status in a prior week as a basis for placing a player on IR, the court would be willing to reconsider this aspect of our ruling based upon this practice.

JUDGMENT:

For the foregoing reasons, unless Double Ds can present irrefutable evidence of Commissioner Nelson allowing a team in the past to place a player on IR (rather than keep a player on the IR) based entirely on the player’s inactive status from the previous week, Commissioner Nelson’s ruling shall stand and Double D may not pickup a replacement kicker for John Carney.

It is so ordered.

Fantasy Baseball Dispute No. 8007-T: Court Approves Trade of Danks (Final Year, $10) for Porcello (Year 2 of 3, $7)

2010-06-17T09:28:00.001-04:00

SPORTSJUDGE.COM

COURT OF FANTASY BASEBALL –

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 8007-T Date Rendered: June 17, 2010 Date Published: July 12, 2010 League Type: ROTISSERIE Dispute: TRADE REVIEW Authoring Judge: ED GEFEN Affirmed: MARC EDELMAN TRADE BETWEEN MARK’S MAULERS & DOME DOGS IS ACCEPTED.
BEER BATTER LEAGUE Petitioner, - against - MARK’S MAULERS & DOME DOGS Respondent	: : : : : : : : : :
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The Beer Batter League brings this claim in the COURT OF FANTASY BASEBALL to determine the status of a proposed trade between MARK’S MAULERS and DOME DOGS. MARK’S MAULERS SEND JOHN DANKS (YEAR 3 of 3, $10) TO DOME DOGS IN EXCHANGE FOR RICK PORCELLO (YEAR 2 of 3, $7).

This court ACCEPTS the proposed trade.

The Law on Upholding a Trade

The Proposed Trade

Mark’s Maulers (currently in third place in the Snodgrass Division, seventh place overall) proposes to send John Danks to the Dome Dogs (currently in first place in the Snodgrass Division, second place overall) in exchange for Rick Porcello. While Danks’s contract expires at the end of this year, Porcello is available under his current $7 deal for one more season.

The Analysis

Upon reviewing this dispute, the court approves this trade, with almost no hesitation. The court finds this trade reasonably benefits both teams: The Dome Dogs are acquiring a pitcher, Danks, with far better 2010 statistics (5 wins, 3.27 ERA, 1.22 WHIP) in the final year of his Beer Batter League “contract,” and Mark’s Maulers are acquiring a discounted keeper for the next 1 1/2 years, Porcello. While Porcello has been less than stellar in 2010 (4 wins, 6.09 ERA, 1.69 WHIP), his strong 2009 (14 wins, 3.96 ERA, 1.34 WHIP) and age (21) gives the court reason to believe this may be just a sophomore season slump and there is real value added to retaining him in 2011 at $7.

This appears to be a case of one team upgrading for the current season and another team planning for next season. In a keeper league, it is a case of both teams potentially benefiting.

Holding

This court ACCEPTS the proposed trade.

American Needle v. NFL: The Aftermath Beyond Just Licensing

2010-06-02T18:11:00.004-04:00

With more than a week having passed since the Supreme Court's ruling in American Needle v. Nat'l Football League, discussion about the case has begun to shift from what the ruling means for American Needle Inc. to what it means for other sports-related businesses.

Here are four sources that begin to address that issue:

First, in an editorial published in this week's Sports Business Journal, I discuss the impact of the American Needle ruling on labor relations, ticket pricing, and the way that investors will likely structure new professional sports leagues (here).

Second, in an interview with Ripten Magazine, I discuss the impact of the American Needle ruling on the football video game market and the NFL's exclusive licensing deal with EA Sports (here).

Third, in traditional law review format, University of Iowa's esteemed Ben V. and Dorothy Willie Professor of Law Herbert J. Hovenkamp discusses the impact of American Needle on the credit card, hospital, and real estate industries (here).

Finally, over on the Legal Talk Network, attorneys and co-hosts J. Craig Williams and Bob Ambrogi interview both Michael McCann and me about the effects of the American Needle case, via podcast (here).

(Cross-posted on Sports Law Blog)

Fantasy Baseball Dispute No. 7134-T: Court Upholds the Keeper League Trade of V. Martinez ($42 salary) for B. Boesch ($1 salary)

2010-05-30T18:30:00.002-04:00

SPORTSJUDGE.COM COURT OF FANTASY BASEBALL –

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x Index No. 7134 - T
Date Rendered: May 25, 2010
Date Issued: May 30, 2010
League Type: 12-TEAM 4X4
Dispute: TRADE REVIEW
Authoring Judge: STUART SHIFFMAN

TRADE BETWEEN NICE & TERMINATORS IS ACCEPTED.

BEER BATTER LEAGUE

Petitioner,

- against -

NICE & TERMINATORS
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
The Beer Batter Leagues brings this claim in the COURT OF FANTASY BASEBALL to determine the status of a proposed trade between the Terminators and Maulers. The trade proposes that the NICE send C-1B Victor Martinez, (year 1 of 3, $42 salary), OF David Murphy (year 1 of 3, $1) and P Mitch Talbot, 1 of 3, $1) to the TERMINATORS in exchange for 1B Lyle Overbay, (year 2 of 3, $4 salary), OF Brennan Boesch (1 of 3, $1) and pitcher Fu-Te Ni, (1 of 3, $2).

This court accepts the proposed trade.

The Law on Upholding a Trade

In this court, it is the general rule that any fantasy baseball trade shall be upheld as long as the trade adequately benefits both teams. (See Public Opinion No. 101, Big Red Rockers v. Big City Bombers). A trade reasonably benefits both teams if it allows both teams to have a reasonable chance of moving up in the standings. (See Unpublished Opinion No. 468-T, Commissioner Gary Benik v. Ever-Lastings and 2 Legit 2 Quit). If the league is a keeper league, as is the case here, this Court will also consider a team’s likely performance in future seasons, especially with respect to the team currently ranked lower in the standings (See Unpublished Opinion No. 3704-T, Commissioner Paul Schultz v. Snakes & Blutos). This Court recognizes that team owners may have different strategies in terms of short-term and long-term goals; and that while one team may try to maximize its chances of winning prize money this year, another team may play for the future (See Unpublished Opinion No. 3731-T, Commissioner v. Muleskinners & Southsiders; see also Unpublished Opinion No. 3797, Commissioner v. Foo Dogs & Maulers).

In addition to these general rules, the BEER BATTER LEAGUE constitution has specific rules regarding trades that involve certain classifications of players. These rules, which appear the Official Rulebook of the Beer Batter League (adopted in March 2010), may override or supplement the court’s general, default principles.

The Beer Batter League Constitution

Section 5, of the Beer Battle League Constitution, which relates to player trades, states as follows:

SUBDIVISION A. IN-SEASON PLAYER TRADES

(1) Trades Allowed. BBL teams may exchange players in equal numbers during the regular season, subject to the provisions of this Subdivision.

(2) Asterisk Player Defined. An “asterisk player” is a player currently in the final year of his contract or a player with a salary of $25 or more.

(3) Regulations. The use of an independent arbiter shall be used to approve or veto player trades, subject to the following regulations:

(a) If a trade does not involve any asterisk players, then no independent arbiter approval is necessary. All such trades shall be allowed.
(b) If a trade does involve asterisk players, no independent arbiter approval is necessary if the BBL teams involved in the trade exchange an equal number of asterisk players and the total salary exchanged is 73.0% or greater. All such trades shall be allowed. “Total salary exchanged” is measured by taking the respective sums of annual player salary to be exchanged by each team involved in the trade and dividing the lesser total salary package by the greater total salary package. The 73.0% salary threshold is a literal requirement and not subject to approximation.
(c) If a trade does involve asterisk players but fails to satisfy either the asterisk player equality requirement or total salary exchanged requirement of Subdivision A(2), then independent arbiter approval is necessary.

(4) Independent Arbiter. Prior to every BBL season, the identity of an independent arbiter to be used for trade approval and veto under Subdivision A(3) of this Section shall be agreed upon by majority vote of the league ownership. The independent arbiter shall not be replaced until the conclusion of the season, unless circumstances prevent the independent arbiter from performing said services. Parties to any BBL trade that is subject to independent arbiter approval shall jointly and severally be responsible for any fees or costs associated with the use of the independent arbiter. Parties to any BBL trade subject to independent arbiter approval shall comply with any procedural requirements of the independent arbiter that are necessary to obtain a decision. In every case, however, said parties shall provide to the independent arbiter a written copy of this Section in its entirety.

(5) Responsibility of Independent Arbiter. Any decision of an independent arbiter under this Subdivision must take into consideration the long-term and short-term best interests of the BBL teams involved in the player trade, while also respecting the best interests of the league and the integrity of a fair and uncorrupt pennant race. In all cases, the independent arbiter shall balance the rights of individual BBL owners to operate their teams in their own discretion with the rights of the league ownership as a whole to fully and fairly participate in healthy competition with one another.

Because Victor Martinez is an “asterisk” player, approval of independent arbiter is required.

The Proposed Trade

The proposed trade is a 3-for-3 trade, with 2010 Statistics as of May 25, 2010 as follows:

Nice

Victor Martinez .258 BA 6 HR 20 RBI 0 SB
David Murphy 234 BA 2 HR 15 RBI 0 SB
Mitch Talbot 1 W 0 SV 3.71 ERA 1.24 WHIP

Terminators

Lyle Overbay .203 BA 4 HR 19 RBI 1 SB
Brennan Boesch .337 BA 4 HR 22 RBI 1 SB
Ni-Tu Fe 0 W 0 SV 2.25 ERA 1.56 WHIP

The Analysis

The Terminators are presently 5th in the twelve team league, while the Nice are 8th.

The trade in question essentially amounts to a review of the career accomplishments, and positional specialty, of Victor Martinez exchanged for the future (and currently emerging) potential of Brennan Boesch. Since the league is a keeper league and Boesch is under contract for 2 additional years, the trade resembles a classic baseball trade wherein a veteran (perhaps on the decline of his career but valuable nonetheless to a team in contention) is traded for a younger player of great potential. The addition of Martinez to the Terminators, presently in 5th place, may well allow them to finish among the top 4 teams of the league thereby winning prize money this season. Meanwhile, the Nice, further down in the standings, may already be looking towards next season. Under these circumstances it cannot be said that the integrity of a fair and uncorrupt pennant race has been negatively impacted by this trade. The trade appears to have value for both teams and therefore under the general law of fantasy baseball trades and the specific provisions of the Beer Batter League should be accepted.

Holding

Based on the foregoing, this court accepts the proposed trade of Nice players Victor Martinez (C-1B Boston Red Sox), David Murphy (OF Texas Rangers), and Mitch Talbot (P Cleveland Indians) to the Terminators for players Lyle Overbay (1B Toronto Blue Jays), Brennan Boesch (1B-OF Detroit Tigers), and Ni-Te Fu (P Detroit Tigers).

Fantasy Football Dispute No. 3223-T: Trade Of Draft Picks Tolled Because Trade Not Recognized By ESPN.com

2010-05-28T08:25:00.013-04:00

SPORTSJUDGE.COM

COURT OF FANTASY FOOTBALL

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -	x	Index No. 3223-T Date: September 13, 2009 League Type: H-TO-H, KEEPER Judge: JOE ROMANO TRADE IS TOLLED.
COMMISSIONER TIDMAN Petitioner, - against - FAT JESUS & PROGRESSIVE LEMMINGS Respondent	: : : : : : : : : :
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Petitioner, Commissioner Tidman, brings this claim in the COURT OF FANTASY FOOTBALL, seeking a declaratory judgment of the status of a trade made in the prior season between Fat Jesus and Progressive Lemmings. The trade between Fat Jesus and Progressive Lemmings is waived for the 2009 season but may be applied in 2010.

The Law on Upholding a Trade

In resolving a trade dispute, SportsJudge.com first looks to the specific league’s constitution for guidance in determining the dispute. Where no constitution exists or the constitution does not provide any guidance in determining a trade dispute, the default rule is a trade shall be upheld so long as the trade may adequately benefit both teams. Wicked Threadz Fantasy Football League v. Real Men of Genius & Express, 2306-T (2008). In such situations, SportsJudge.com arbitrators are guided by case precedent. Where the issue is one of first impression, the arbitrator will attempt to provide an equitable and fair resolution.

The Proposed Trade

The proposed trade is a 2-for-1 involving both future draft picks and players.

Fat Jesus traded to Progressive Lemmings:

· 3^rd Round Pick in 2009

Progressive Lemmings traded to Fat Jesus:

· Marvin Harrison (WR, IND)

· 5^th Round Pick in 2009

Analysis of the Trade

This trade presents an issue of first impression to SportsJudge.com. The initial trade is not being disputed, all involved agree the trade is fair. The problem arises in that the trading parties forgot to apply the trade in the current year draft. The league uses ESPN.com as the host of their league, but ESPN.com does not provide a way to trade draft picks. Therefore, each player was responsible for ensuring the trade was completed within the draft room. However, each forgot, and the commissioner seeks our decision as to the proper remedy for the situation.

It is clear from the outset that the trade was valid and, therefore, a binding contract was made between the parties. When each party failed to swap picks within the draft room, the contract became voidable due to mutual mistake. Therefore, the question remains as to what is the proper remedy for this situation.

Two possible remedies exist for the portion of the trade that remains unexecuted. The failure to trade the 2009 draft picks can be ignored or the players selected in the draft can be treated as though selected by the franchise who owned the draft choice as a result of the trade. However, to impose a trade upon the teams is an inappropriate remedy in light of the many individual factors that determine a draft choice. To impose a trade upon the teams will not promote equity and fairness. Trading the players is therefore not a feasible option.

The best remedy to this waiver of contract through mutual mistake is to ignore that the trade ever occurred and continue as thought nothing happened. This resolution does not hurt the league for the current season and promotes stability within the league. The only teams currently affected by this resolution would be the two trading teams. However, as SportsJudge.com history indicates, the stifling of fair trades is not favored. Therefore, at the discretion of the trading teams, they may apply the results of the trade in the 2010 draft. This resolution provides the most efficient remedy while not ignoring the past trade.

Holding

Based on the foregoing, the trade between Fat Jesus and Progressive Lemmings is waived for the 2009 season but may be applied in 2010.