https://www.usatoday.com/story...s-career/4712164002/
Cliffs: Bolsinger was the pitcher in the game where Astros had the most trash can bangs. He never pitched again in the MLB. This will probably be the first of many lawsuits.
Original Post
Replies sorted oldest to newest
while i really do not like the Astros and would love to see them get crushed further by this, I can't see this ever making it to trial. It would open so many doors. Would teams or players then sue Tom Brady or the Pats?
Love the idea.
Damages will be too speculative for a court to award.
Proximate cause will also be a formidable barrier - ill bet that despite knowing what pitch was coming, there were many times the batter simply swung and missed anyway.
But, if the case gets past the pleading stage, discovery will be fun.
Probably not make it to trial. But the value comes in the discovery process. If they get to that point, it is pretty much open book time on anything the Astros and MLB knows.
Enlighten me on how the process works. Astros don't want to go through discovery. Can they settle before hand? If they do settle, will that open them up to hundreds of these suits in the future?
I would think the Astros would file a motion to dismiss based upon the concept that the complaint (lawsuit) fails to allege facts upon which relief (damages) could be awarded. (E.g., damages are clearly speculative [how much did pitching against Astros damage him as opposed to other factors ("By the time he faced the Astros, he was 29 and had recently been converted to a reliever.")].
Even if the case goes beyond the pleadings (e.g., into discovery), the Astros would move to keep those confidential. That would depend upon the judge and the law applied to the case.
An early settlement simply opens the flood gates to everyone, so I cant see that scenario unfolding. If the case moves towards trial (imo a long shot), a settlement will have confidentiality provisions (assuming state law allows it).
Add onto all the above will be a probable push to arbitrate/mediate. Every state is different in pushing litigants into alternative dispute resolving mechanisms (arbitration and mediation), but most like to push cases there because it unclogs the court. If the case goes into ADR, that will occur in private and be subject to non-disclosure provisions.
In all events, this will play out in years, not months.
They could always sign him and pay him that way. That would make interesting deal.
PitchingFan posted:They could always sign him and pay him that way. That would make interesting deal.
That’s actually pretty funny!
I've totally underestimated the legal creativity and financial hunger of some lawyers.
Somebody's been watching too many episodes of Better Call Saul.
this is not too hard to see he was cheated by the Astros which impacted his ability to stay in MLB. I hope he wins. Astros got off way to easy.