by Long Island Attorney Paul A. Lauto, Esq.

On April 13, 2014 the Yankees played the rival Red Sox at Yankee Stadium, as the game was broadcasted to millions by ESPN.  During the game a Yankee fan had fallen asleep in the second row, which caught the camera's eye and some commentary.

Although to many the commentary seemed innocuous, the sleeping subject of the commentary had different feelings and has now filed a lawsuit in excess of $10 million dollars against ESPN, MLB, the Yankees and the announcers.  The damages claimed are for defamation and mental anguish caused to the claimant.

The Complaint filed in the Bronx Supreme Court, claims among other things, that "...verbal onslaughts crossed the line between reporting on sport and abuse against the plaintiff without reasonable cause or restraint, not just from the literal meaning of all the words or statements but from the unexpressed implications of the statements as well as the pictures and captions like 'Sleeping Yankee fan cares not for your Rivalry Talk.'

Commentators in part referred to the sleeping fan as "oblivious," said that the ballpark was "not the place you come to sleep" and wondered if he slept through the cheers of 45, 000 fans when Carlos Beltran had homered in the third inning. 

This case has made people mindful of the Seinfeld episode, when a messy faced George Costanza was humiliated while caught on camera at the U.S. Open devouring an ice cream sundae.  The difference is that this real life episode, with the actual filing of a lawsuit for more than $10 million dollars, is no longer funny.  America was once known for "baseball, apple pie and Chevrolet."  Unfortunately, many now believe America to be more known for "baseball, apple pie and lawsuits."

Long Island Lawyer
Paul A. Lauto, Esq.
www.liattorney.com

by Long Island Attorney Paul A. Lauto, Esq.

The Yankees are currently engaged in a high stakes game of negotiations with their star player Robinson Cano.  Currently, both sides appear to be at a stale mate, as the Yankee years of paying unlimited dollars for players effectively died with George Steinbrenner in 2010.

Several weeks ago, news surfaced that Cano demanded a 10 year contract north of 300 million dollars.  Although this demand came from his agent at Jay Z's Roc Nation, Cano himself denied that he was asking for such an excessive contract.  Subsequently, it was revealed that the Yankees had made the 31 year old Cano an extremely generous offer of 170 million over 7 years.  This offer, despite no other offers from any other teams, has been repudiated and the outrageous demand of 300 million over 10 years has been re-affirmed.

Apparently, Cano wishes to de-throne A-Rod as the highest paid player in baseball.  Perhaps Cano should be careful about what he wishes for, as history has shown that title to be virtually impossible to live up to.  The Yankees have offered Cano an exceedingly generous contract to the tune of almost 25 million per year.  In addition, are the lucrative endorsements associated with being the Yankee's star player, estimated to be an additional 10 million per year.  

If a combined total of 35 million dollars per year is not sufficient compensation for Cano to play a game, then it is time the Yankees change their strategy.  In the face of no other offers from any other teams, the Yankees should put a time limit on their offer.  If Cano does not accept their offer by Thanksgiving Day, the offer should be rescinded.  The Yankees should not be subjected to bidding against themselves in the face of an extortion-like demand.  Since Cano wants to see what he is worth on the market, the Yankees should let him follow his chosen path.  If the market demonstrates Cano's value to be less than the current offer, then the Yankees could make a new money saving comparable offer.  If the market demonstrates Cano is worth more than the current offer, then the Yankees should wish him well and use that money to get two or three good players.  It is only this way that players may be reminded, that playing baseball for a living is a privilege and not a right.

Long Island lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

The baseball world is currently obsessed with all things
 A-Rod, as a potential suspension is imminent.  Consensus is that the Yankees, no matter how much they would like to, are unable to void A-Rod's contract for alleged steroid use as the remedy for such an offense is within the hands of MLB.  Perhaps that is why the Yankee organization is seemingly hoping MLB suspends A-Rod or even bans him for life.  

To make matters worse, Buck Showalter has recently added his tainted two cents worth, declaring that MLB should not impose a lifetime ban against 
A-Rod.  But Showalter's opinion in this matter is not rooted in altruism or because he believes such a penalty would be unfair, considering A-Rod has never been previously suspended.  Showalter's opinion has nothing to do with the integrity of baseball or equitable punishment.  Showalter's reasoning is that a lifetime ban or even a 1 or 2 year suspension, will help the Yankees get out from under A-Rod's contract and assist them in clearing the $189 million team salary bar, thereby avoiding the luxury tax.

In other words, Showalter's proclamation is really based on revenge and animosity for his rival Yankees.  Not only are the Yankees a division rival for Showalter and the Orioles he currently manages, but he has an axe to grind with the Yankees that dates back to 1995.  Buck Showalter was actually the Yankee manager from 1992 to 1995.  He helped improve the Yankee team and bring them out of the division basement and turn them into a division leader.  But after the 1995 season, George Steinbrenner decided to make a change and hired Joe Torre to be the new Yankee manager in 1996.  The rest was history as Joe Torre managed the Yankees from 1996 to 2007.  Under the managerial leadership of Torre, the Yankees reached the post season each year and won ten  American League East Division titles, six American League pennants, four World Series titles (with six World Series appearances) and compiled a .605 winning percentage overall. With 2,326 wins, Joe Torre is currently ranked 5th on the list of all time managerial wins. In hindsight, the managerial change was nothing less than Steinbrenner genius, especially in light of the fact that to this day Buck Showalter has never won even a single world series with any team he has managed.

If Arod is guilty of the charges assessed, then he deserves whatever punishment MLB delivers.  If that punishment helps the Yankees get out from under Arod's contract which then would arguably be based upon fraud, then they would be entitled to such ancillary benefit as would any other team in such a position.  Unfortunately, Showalter's jealousy and venom for the Yankees is once again spewing forth in what might more accurately be labelled "diarrhea of the mouth."  Baseball would be better served in this challenging time period, if its ambassador managers helped maintain the sport's integrity rather than add fuel to the already burning fire.  After all, baseball is still supposedly America's favorite game.

Long Island Lawyer
Paul A. Lauto, Esq.

by Long Island Attorney Paul A. Lauto, Esq.

We all knew that the day would come when baseball's steroid era would be knocking on the Cooperstown, NY Baseball Hall of Fame doors.  The recent release of 2013 candidate names, signalled that day has effectively arrived.

It must now be decided whether or not use of performance enhancing drugs, suspected or otherwise, should preclude a qualified baseball player's entrance into the coveted Hall of Fame.  In the forefront of this heated debate are first time ballots for Barry Bonds, Roger Clemens, Sammy Sosa and Mike Piazza.  Based on statistical merits alone, all four of these players appear qualified for entry.  However, a player's "character" is an important criteria in determining Hall of Fame entrance. 

Regardless of whether or not a player's use or suspected use of steroids was before or after MLB enacted a rule prohibiting such use, the fact remains that most anabolic steroids were deemed to be a controlled substance back in 1991.  Possession of such anabolic steroids is a federal offense punishable by up to one year in prison and a minimum fine of $1,000.  Dealing or trafficking of such anabolic steroids is punishable by up to five years in prison and a fine of up to $250,000.

While this author will not pretend to know the definitive answer to this quandry, it seems that suspicion of use alone should not preclude entrance.  If for example a player's career prior to the steroid era would have more than qualified that player for the Hall, then suspicion of use alone should not be prohibitive.  However, admission of or proven use of a controlled substance without a prescription warrants different consideration.

Clearly numerous factors must be considered in determining a player's eligibility for the Hall.  Whatever decision is made, it should maintain the integrity of America's past time so as not to diminish the accomplishments of baseball immortals such as Ruth, Gherig, DiMaggio, Aaron, Williams, Mantle, Robinson and Clemente.

Long Island Lawyer
Paul A. Lauto, Esq.

According to a former FDNY Lieutenant, he received more than what he paid for when attending a Yankee game this past May with his son.   When the former Lieutenant objected to a man sitting in his son's seat, the man and his brother, allegedly grabbed him in a chokehold and beat him down to the ground.  

A law suit was filed for personal injuries in Supreme Court against the Yankees, claiming that the assailants were both intoxicated and that they were served alcoholic drinks notwithstanding.  

This case demonstrates the serious nature of serving alcohol to an intoxicated party.  Whether you are a bartender or a homeowner hosting a party, alcohol must not only be consumed responsibly but served responsibly as well.  To do otherwise is to risk potential liability for any causally related injuries and damages.

Lomg Island Lawyer
Paul A. Lauto, Esq.

Let's face it, most people who care enough to form an opinion about Roger Clemens and baseball's steroid era, have already reached their own personal verdict.  So why are our valuable tax dollars being spent to retry Roger Clemens for alleged perjury and obstruction of Congress?  

The first trial came to an abrupt end when U.S. attorneys presented video evidence to the jury, that had previously been ruled inadmissible.  The judge  indicated that this was a mistake a " first year law student" would not have made.  As a result, the U.S Attorney's office was undoubtedly embarrassed and suffered credibility damage.

So perhaps the real reason countless tax dollars are again being spent in this matter, is more about ego and image rehabilitation than anything else.  It appears in today's poor economy, that there are numerous better uses for our tax dollars than the retrial of Roger Clemens.

Long Island Lawyer
Paul A. Lauto, Esq.